Brazil's 1943 Labor Law Consolidation

May 1, 1943

Diario Oficial da Uniao (Brasil)

Consolidation of Labor Laws

Last amended October, 2000 - all amendments included

TITLE I

INTRODUCTION

Art. 1. This Consolidation lays down the rules which shall govern the individual and collective
employment relations specified therein.

Art. 2. "Employer" (empregador) shall mean the individual or body corporate who or which
assumes the financial risks of an undertaking and engages, pays and directs the work
personally performed by persons in his employment.

(1) Exclusively for the purposes of employment relations, members of the liberal
professions, philanthropic institutions, associations formed for purposes of sport
and other non-profit making institutions which engage workers as employees
shall be placed on the same footing as employers.

(2) If an undertaking or undertakings each of which if a body corporate in its
own right are nevertheless carried on under the direction, supervision or
management of another undertaking, thereby constituting an industrial or
commercial group or a group belonging to some other economic activity, the
principal undertaking and each of the subordinate undertakings shall be jointly
responsible for the purposes of employment relations.

Art. 3. "Employee (empregado) shall mean any person who performs services other than casual
services for an employer under the direction of the employer and in return for remuneration.

Sole Subsection. No distinction shall be made on account of the nature of the employment or
the situation of the worker nor between intellectual, technical and manual work.

Art. 4. Except as expressly provided to the contrary, "actual work" (servico efectivo) shall mean
the period during which the employee is at the disposal of the employer, waiting for or carrying
out orders.

Sole Paragraph. (Added by Law No. 4.072 of June 16, 1962) In the computation of the length of
service for the purpose of indemnification and stability, the periods in which the employee was
separated from the job due to military service or because of a labor accident shall be counted
as time of employment.

Art. 5. Equal wages shall be paid for equal work without distinction of sex.

Art. 6. A distinction shall not be made between work performed in the establishment of the
employer and work performed in the home of the employee, provided that the existence of the
employment relationship is duly established.

Art. 7. Except where expressly provided to the contrary in a particular case, the provisions of
this Consolidation shall not apply to the following persons:

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(a) domestic employees, that is to say, in general, persons who perform
services of a non-profit-making character for an individual or a family in their
household;

COMMENT: This provision may have been prejudiced by Art. 7 of the
Constitution of 1988.

(b) agricultural workers, that is to say, persons who perform work directly
connected with agriculture and stockraising and are not employed in work
which, on account of the manner in which it is performed or the purpose of the
processes, can be classified as industrial or commercial;

COMMENT: This provision may have been prejudiced by Art. 7 of the
Constitution of 1988.

(c) (Amended by Decree-Law No. 8,079 of October 11, 1945) public officials in
the service of the Union, a State or municipality or supernumeraries employed
in the various departments thereof;

(d) (Amended by Decree-Law No. 8.079 of October 11, 1945) employees of
autonomous administrative bodies provided that they are covered by a system
of protection in employment which guarantees them a situation similar to that of
public officials.

Sole Paragraph. Repealed by Decree-Law No. 8.079 of October 11, 1945.

Art. 8. In default of statutory or contractual provisions, the administrative authorities and the
labor courts shall decide in each case on the basis of jurisprudence, analogy, equity or other
principles and general rules of law, in particular labor law, and further, in conformity with
customary practice and comparative law, but always in such a manner that class or private
interests do not in any case prevail over the public interest.

Sole subsection. The ordinary law shall be a subsidiary source of labor law in so far as it is not
incompatible with the fundamental principles of labor law.

Art. 9. Any act committed for the purpose of obstructing, rendering nugatory or evading the
application of the provisions laid down in this Consolidation shall be automatically null and void.

Art. 10. Alterations in the legal status of an undertaking shall not affect the rights acquired by its
employees.

Art. 11. (Amended by Law 9658 of June 5, 1998, effective June 8, 1998) The right of action on
account of conditions resulting from labor relations shall prescribe:

I. in five years for an urban worker, up to the limit of two years after the
termination of the contract;

II. in two years, after the termination of the labor contract, for a rural worker.

Paragraph 1. The provisions in this article shall not be applied to actions having as their
objective records for purposes of evidence concerning Social Welfare.

Art. 12. A special law shall be enacted to lay down provisions relating to social insurance.

TITLE II

GENERAL RULES FOR THE PROTECTION OF LABOR

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CHAPTER I

OCCUPATIONAL IDENTIFICATION

Division I

Work and social insurance books

Art. 13. (Amended by Decree-Law No. 926 of October 10, 1969) The employment and social
insurance book shall be compulsory for any person accepting any employment, including
employment of a rural nature, even temporary employment, and for self-employed persons
carrying on a gainful activity.

(1) (Amended by Decree-Law No. 926 of October 10, 1969) This article shall
also apply to--

I. the owner, whether rural or not, who works on his own
account or in a family undertaking (the latter expression being
taken to mean the enterprise of the members of one family
indispensable for their own subsistence and carried on in
conditions of mutual dependency and collaboration).

II. persons who farm, as a family undertaking and without
employees, an acreage not exceeding the rural standard
acreage or any other limitation as to acreage fixed for each
region by the Ministry of Labor and Social Welfare.

(2) (Amended by Decree-Law No. 926 of October 10, 1969) The employment
and social insurance book and the corresponding declaration card shall
conform to models prescribed by the Ministry of Labor and the Administration.

(3) (Amended by Decree Law No. 5.686 of August 3, 1971) In places where
employment and social insurance books are not issued a person not in
possession of such book may be permitted to remain up to 30 days in an
employment or a remunerated activity, the undertaking being obliged to allow
such person to report to the nearest office where such books are issued.

(4) (Amended by Decree-Law No. 926 of October 10, 1969) In the case
referred to in paragraph (3)--

I. the employer shall provide the employee on engaging him
with a document indicating the date of his engagement, the
nature of the work, the wage and the manner in which it is paid;

II. if the employee is still not in possession of the employment
and social insurance book on the date on which his
employment comes to an end, the employer shall issue him
with a certificate stating the background facts of the
employment relation.

Division II

Issue of Work and Social Insurance Book

Art. 14. (Amended by Decree-Law No. 926 of October 10, 1969) The employment and social
insurance book shall be issued by the regional labor offices, or, by agreement, by the federal,
state, or municipal bodies for direct or indirect administration.

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Sole Subsection. (Amended by Law No. 5.686 of August 3, 1971) If none of the bodies referred
to above are available, an agreement may be made with the trade union for the same purpose.

Art. 15. The employment and social insurance book shall be issued on the application in person
of the applicant to the body issuing the book; applicants shall provide proof of their identity and
make the necessary declarations.

Art. 16. (Amended by Law No. December 12, 1991) The employment and social insurance book
(CTPS) shall bear a serial number, the date of issuance and pages for entries pertinent to the
labor contract and to the interest of Social Insurance, and shall contain:

I. a photograph (full face, 3 cm x 4 cm);

II. forename and surname, date and place of birth and signature;

III. name, age and marital status of any dependents;

IV. number of naturalization document or date of arrival in Brazil and other data
indicating the identity of the alien (where applicable).

Sole Subsection. The employment and social insurance book - CTPS - shall be issued on
presentation of the following documents by the applicant:

(a) two photographs as stipulated in clause I above;

(b) any official document of personal identification of the interested party, in
which data concerning the full name, affiliation, date and place of birth are
contained.

Art. 17. If the applicant is unable to produce a suitable document identifying him, the
employment and social insurance book shall be issued on the basis of verbal declarations
confirmed by two witnesses and signed by the said witnesses on the first page.

(1) In the case of a young person under 18 years of age the declarations
referred to in this article shall be made by the minor's parent or guardian.

(2) If the applicant does not know how to write or is unable to sign his name, his
fingerprints or the signature of a person authorized by him shall suffice.

Art. 18. Repealed by Law No. 7.855 of October 24, 1989.


Art. 20. All entries concerning change of marital status and dependents of the bearer of the
employment and social insurance book shall be made by the National Social Insurance
Institution; only if this is impossible may such entries be made by the bodies competent to issue
these books.

Art. 21. (Amended by Law No. 5,686 of August 3, 1971) When the spaces provided for entries
and notes is unusable or full, the interested party must obtain another book, keeping the number
and the series of the previous book.

(1) Repealed by Decree-Law No. 926 of October 10, 1969.

(2) Repealed by Decree-Law No. 926 of October 10, 1969.

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Art. 22. Repealed by L.D. # 926 of Oct. 10, 1969.



Division III

Delivery of Work Books

Art. 25. Work books shall be delivered to the persons concerned personally against a receipt.

Art. 26. An industrial association, on application by its committee of management, may assume
responsibility for issuing work books requested by its members and by other persons engaged
in occupations of the same type.

Sole Subsection. No industrial association, on pain of the penalties instituted by this Chapter,
may charge a fee for issuing a workbook; the delivery of workbooks to the association's
headquarters shall be supervised by the regional office or other competent authority.



Division IV

Entries

Art. 29. (Amended by Law No. 7.855 of October 24, 1989) An employee shall be required to
hand his work book over, in exchange for a receipt, to the employer by which he is recruited,
and the employer shall have a period of 48 hours to enter in it, specifically, the date of his
recruitment, the rate of remuneration and any special conditions of employment, if any, being
able to adopt a manual, mechanical or electronic system, in accordance with instructions to be
issued by the Minister of Labor.

(1) (Amended by Decree-Law No. 229 of February 28, 1967) The entry relating
to the rate of remuneration shall specify the wage, irrespective of the form of
payment, whether in cash or in kind, and an estimate of the amount received by
way of tips.

(2) (Amended by Law No. 7.855 of October 24, 1989) The entries in the work
and social insurance book shall be made:

a) in the data-base;

b) at any time, upon request of the worker;

c) in the case of rescission of the contract; or

d) when necessary for verification for Social Insurance
purposes.

(3) (Amended by Law No. 7.855 of October 24, 1989) Where an employer fails
to comply with the provisions of this article, the offense shall occasion the
drawing up of a writ by the Labor Inspector, who must, ex officio, notify the

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competent authority of the failure to make the entry, for the purpose of
establishing the procedure for making the entries.

Art. 30. (Amended by Decree-Law No. 926 of October 10, 1989)Employment injuries must
obligatorily be entered into the injured person’s book by the National Social Insurance
Institution.

Art. 31. The holder of a work book shall be entitled to present it to the competent authority so
that the appropriate entries can be made; his request may not be refused or any charges made,
other than those prescribed by law.

Art. 32. Entries relating to changes in the civil status of the holder of a work book shall be made
on production of documentary evidence. Statements relating to dependents shall be recorded
on the appropriate cards by the official responsible for matters of occupational identification at
the request of the person making the statement, who shall sign against the entry.

Sole Subsection. The regional offices or competent authorities shall notify the National Labor
Department of all changes made to work books.

Art. 33. Entries on registration cards and in work books shall be made consecutively, without
abbreviations; any alterations, additions or other points likely to give rise to doubt shall be
inserted at the end of each entry.

Art. 34. In the case of services in any occupation performed by the job, whether individually or
collectively, with or without supervision by the other contracting party, the entry in the work book
shall be made by the industrial association concerned or by the legal representative of its co-
operative society.

Art. 35. Repealed by Law No. 6.533 of May 24, 1978.

Division V

Claims on account of failure or refusal to make entries

Art. 36. Where an undertaking refuses to make the entries prescribed in article 29 or to return a
work book that an employee has handed over, the employee may appear either in person or
through the intermediary of his industrial association before the regional office or competent
authority for the purpose of lodging a complaint.

Art. 37. In cases covered by article 36 arrangements shall be made to investigate the matter,
after the complaint has been duly recorded; the provisions of subsection (2) of article 29 shall be
observed, where appropriate, and notice shall subsequently be served on the employer by
registered letter, if he persists in his refusal, summoning him to appear on a particular day and
at a particular time to furnish explanations, return the work book or make the prescribed entries
in it.

Sole Subsection. If the employer fails to appear, a note shall be made of his absence; he shall
be deemed to be in default and to have admitted the accusation made against him, and the
entry shall be made ex officio by the authority dealing with the complaint.

Art. 38. If the employer appears and refuses to make the entries demanded, a minute shall be
drawn up recording his appearance and including the following particulars, inter alia, viz., the
place, day and time of the drawing up of the minute and the name and address of the employer,
who shall be granted a time limit of forty-eight hours, reckoned from the date of the minute, for
submission of his defense.

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Sole Subsection. On the expiration of the time limit fixed for defense, the file shall be submitted
to the administrative authority of first instance in order that the necessary proceedings may be
taken to complete the entries or that judgment may be given if the case is considered to be
sufficiently clear.

Art. 39. If it is found that the employer's allegations cast doubt on the existence of the
employment relationship or if it is impossible to ascertain by administrative methods whether
such a relationship exists, the case shall be referred to the judicial machinery dealing with labor
matters, in which case any proceedings arising out of the report of the offense shall be
suspended.

(1) If no agreement can be reached, the conciliation and arbitration board shall
give instructions in its award for the clerk to make the necessary entries once
the matter has been settled and to notify the competent authority so that the
appropriate fine can be imposed.

(2) The same procedure shall be followed in labor suits of all kinds if it is found
that the necessary entries have been omitted from a work book, and in this
case the judge shall give instructions for any entries that are not contested to
be made without delay.

Division VI

Evidential Value of Entries

Art. 40. A work book that has been duly issued and contains the proper entries shall be
accepted as evidence in any matter for which identity documents are required to be produced,
and more particularly--

(1) in any dispute before a labor court between the undertaking and the
employee in connection with wages, leave or periods of service;

(2) for social welfare purposes, in connection with the registration of
dependents;

(3) for the calculation of employment injury compensation.

Division VII

Registers of Employees

Art. 41. (Amended by Law No. 7.855 of October 24, 1989) In all activities it shall be compulsory
for the employer to keep a register of his employees, possibly adopting books, files or an
electronic system for the purpose, in conformity with instructions to be issued by the Minister of
Labor.

Sole Paragraph. (Amended by Law No. 7.855 of October 24, 1989) The civil or occupational
qualifications of each employee and also all particulars relating to admission to employment,
duration and effective date of employment, holidays, accidents and other circumstances
affecting the protection of the employee shall be entered in the said register.

Art. 42. All records or registration cards relating to employees shall be endorsed and attested by
the regional offices or competent authorities.



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Art. 45. Repealed L.D. # 229 of Feb. 28, 1967.

Art. 46. Repealed by L.D. # 229 of Feb. 28, 1967.

Art. 47. Any undertaking having in its service an employee who has not been registered in terms
of article 41 or the sole subsection of that article shall be liable to a fine equal to the regional
minimum wage for every employee not registered, the fine being increased by an equal amount
for every repetition of the offense.

Sole Subsection. Any other offense in connection with the registration of employees shall render
the undertaking liable to a fine equal to half the regional minimum wage, which shall be doubled
for every repletion of the offense.

Art. 48. The fines provided for in this division shall be imposed by the regional authorities of the
Ministry of Labor.

Division VIII

Penalties

Art. 49. A person committing any of the following acts in connection with the issue, replacement
or annotation of a work book shall be deemed to be guilty of a forgery and shall be liable to the
penalties provided for in article 299 of the Penal Code:

(1) if he draws up any document which is false, either wholly or in part, or alters a document
which is true:

(2) if he makes a false statement with regard to his own or any other person's identity,
parentage, birthplace, address, occupation, civil status or dependents;

(3) if he uses a document that has been falsified in any way;

(4) if he forges a work book by altering it or making it himself, or sells, uses or possesses such a
book that has been forged in such a way.

(5) if he makes any entry in a work book or employees' register with intent to deceive, or
recognizes or affirms an untrue date of admission to employment in any suit or elsewhere.

Art. 50. If a statement made for the purpose of the issue of a work book or an entry in a work
book is found to be false, the fact shall be reported to the authority which issued the book for the
purpose of the necessary legal action.

Art. 51. (Amended by DL No. 229 of Feb. 28, 1967 and Law No. 7855 of Oct. 24, 1989) Any
person, whether engaged in commerce or not, who sells or offers for sale any kind of work book
identical with or similar to the officially adopted pattern shall be liable to a fine equal to 90 times
the regional value of reference.

Art. 52. (Amended by Law No. 7855 of Oct. 24, 1989) Loss of, or failure to keep up to date the
entries in, the employment and social insurance book through the undertaking's negligence
shall render the undertaking liable to pay a fine equal to 15 times the regional reference value.

Art. 53. (Amended by Law No. 7855 of Oct. 24, 1989) An enterprise that receives an
Employment and Social Insurance Book to make entries in it shall be liable to a fine equal to 15
times the regional reference value if he keeps the book for more than 48 hours.

Art. 54. (Amended by Law No. 7855 of Oct. 24, 1989) An enterprise that, after being duly
summoned, fails to appear in order to make entries in an Employment and Social Insurance

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Book of its employees, or whose reasons for refusing to do so have been disallowed as
improper, shall be liable to a fine equal to 30 time the regional reference value.

Art. 55. (Amended by DL No. 229 of Feb. 28, 1967 and Law No. 7855 of Oct. 24, 1989) An
enterprise contravening article 13 or any of the subsections of that article shall be liable to a fine
equal to 30 times the regional reference value.

Art. 56. (Amended by DL No. 229 of Feb. 28, 1967 and Law No. 7855 of Oct. 24, 1989) Any
industrial association charging a fee for delivering an Employment and Social Insurance work
book shall be liable to a fine equal to 90 times the regional value of reference.

CHAPTER III

DIVISION I

PRELIMINARY PROVISION

Art. 57. The provisions of this chapter shall apply to all activities other than those which are
expressly excluded, provided that the special provisions relating strictly to particular specified
occupations which are laid down in Chapter I of Title III, shall be exceptions thereto.

DIVISION II

DAILY HOURS OF WORK

Art. 58. The normal hours of persons engaged in private employment of any kind shall not
exceed eight hours a day, unless another limit is expressly fixed.

Art. 59. The normal hours of work may be increased by not more than 2 hours a day by an
agreement in writing between the employer and the employee or by a collective contract of
employment.

(1) (Amended by the Constitution of 1988) The agreement or the collective
contract of employment shall specify the amount of the remuneration to be paid
for overtime; the rate shall not be less than 50% in excess of the normal rate.

(2) The increased rate may be waived if, in pursuance of an agreement or a
collective contract, overtime in one day is made up by a corresponding
reduction in the hours of work on another day, so that the normal weekly hours
of work are not exceeded and that the daily hours of work do not in any case
exceed 10 hours.

Art. 60. In unhealthy occupations, which shall be deemed to mean those specified in the
schedules mentioned in the chapter entitled "Industrial hygiene and safety" or any which may
hereinafter be added to them by an order of the Minister of Labor, Industry and Commerce,
prolongation of the hours of work shall not be permitted except under a permit issued in
advance by the authorities competent with respect to industrial hygiene, which for this purpose
shall make the necessary inquiries on the spot and examine the methods and processes of
work, either directly or through Federal, State or municipal health authorities, with which they
shall enter into an agreement for this purpose.

Art. 61. In the event of urgent necessity, the hours of work may be prolonged beyond the
statutory limits or the limits fixed by agreement, in order to meet cases of force majeure or to
carry out or complete work which cannot be postponed or failure to carry out which might entail
manifest loss.

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(1) In the cases covered by this article, the performance of overtime may be
required, irrespective of any agreement or collective contract; notice of such
overtime shall be given within 10 days to the authority competent for labor
matters or, without prejudice to this notice, evidence of the necessity for the
overtime shall be furnished on the occasion of an inspection before the
expiration of the said time limit.

(2) In cases of overtime worked for reasons of force majeure, the remuneration
for overtime shall not be less than that payable for ordinary hours of work. In
other cases of overtime provided for in this article, the remuneration shall not be
less than 25% higher than the normal rate, and the hours of work shall not
exceed 12 hours a day unless another limit is expressly fixed by law.

(3) In the event of interruption of work due to an accidental cause or force
majeure rendering work impossible, the hours of work may be prolonged to the
extent necessary, but not more than 2 hours, on the number of days requisite to
make up the time lost, provided that they shall not exceed 10 hours in the day
and that they shall not be so prolonged on more than 45 days in the year; such
making up of lost time shall be subject to authorization in advance by the
competent authority.

Art. 62. (Amended by Law No. 8966 of Dec. 27, 1994, effective Dec. 28, 1994) The following
shall not be included in the system provided in this Chapter:

I. Employees who perform work outside the establishment which is
incompatible with a fixed time table; this shall be explicitly mentioned in the
Employment and Social Insurance work book and in the register of employees;

II. Managers; the term "manager" shall be deemed to mean a person who
performs managerial duties who are equivalent, for the purpose of this article to
directors and heads of a department or of a subsidiary.

Sole Paragraph. (Amended by Law No. 8966 of Dec. 27, 1994, effective Dec. 28, 1994) The
system provided in this Chapter shall be applicable to the employees mentioned in item II of this
article, when the salary of the manager, including the bonus, is less than the value of a
respective effective wage increased by 40%.

Art. 63. A distinction shall not be made between employees and persons with an interest in the
undertaking, and, except in the case of profits paid to partners in the undertaking, a share in
profits or commission shall not exempt the person concerned from the applications of the
provisions of this chapter.

Art. 64. In the case of an employee paid by the month, the ordinary hourly wage shall be
obtained by dividing the monthly wage corresponding to the duration of the work, as specified
in article 58, by 30 times the number of daily hours of work.

Sole Subsection. If the employee has worked for less than 30 days, the number of days actually
worked in the month shall be substituted for the purposes of the calculation of the hourly wage.

Art. 65. In the case of an employee paid by the day, the ordinary hourly wage shall be obtained
by dividing the daily wage for the hours of work specified in article 58 by the number of hours of
actual work.

DIVISION III

REST PERIODS

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Art. 66. A rest period of not less than 11 consecutive hours shall be granted between 2 days
work.

Art. 67. Every employee shall be granted a weekly rest period of 24 consecutive hours, which
shall be given wholly or partly on Sunday unless reasons of public interest or reasons arising
out of urgent requirements of the work render another arrangement necessary.

Sole Subsection. In the case of services where Sunday work is necessary, except theatrical
companies, a roster shall be drawn up on a monthly basis in conformity with a timetable, which
shall be subject to inspection.

Art. 68. Work on Sunday, whether for the whole or part of the day, in accordance with article 67,
shall be subject in every case to a permit issued in advance by the authority competent for
labor matters.

Sole Subsection. This permit shall be permanent in the case of work which on account of its
nature or for reasons of public interest must be carried on Sundays; the Minister of Labor,
Industry and Commerce, shall issue instructions to specify the kind of work in question. In other
cases a temporary permit shall be granted for a specified period, which shall not exceed 60
days on each occasion.

Art. 69. In regulations governing the working of undertakings covered by this chapter,
municipalities shall comply with the rulings laid down therein; the regulations issued shall not be
contrary to the said rules or to the instructions issued for their administration by the authorities
competent for labor matters.

Art. 70. Save as provided in articles 68 and 69, work shall be prohibited on the national and
religious holidays as prescribed in the relevant legislation.

Art. 71. Every spell of more than 6 hours continuous work shall be interrupted by an obligatory
break for rest or a meal; this break shall not be less than 1 hour and, except as otherwise
provided by an agreement in writing or a collective contract, may not be more than 2 hours.

(1) In the case of a spell or more than 4 hours, but less than 6 hours, a break of
15 minutes shall be compulsory.

(2) The breaks for rest shall not be included in the hours of work.

(3) (Amended by DL No. 229 of Feb. 28, 1967) The minimum break of one hour
for rest or a meal may be reduced by an order of the Minister of Labor, Industry
and Commerce, if it is found, after consultation with the National Department of
Safety and Health of Labor (DNSHT), that the establishment satisfies in every
respect the requirements respecting the establishment of mess rooms and if the
employees concerned are not required to work overtime.

(4) (Added by Law No. 8923 of July 27, 1994, effective July 28, 1994) When
the break for rest or a meal provided in this article is not granted by the
employer, he shall be obligated to pay for the corresponding period with a
minimum 50% increase on the value of the remuneration of a normal hour of
work.

Art. 72. In the case of permanent services for mechanical recording (typewriting, accounting or
calculating machines), a break of 10 minutes shall be allowed after each period of 90 minutes of
consecutive work; the break shall not be deducted from the ordinary hours of work.

DIVISION IV

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NIGHT WORK

Art. 73. Except in cases where work is organized in weekly or fortnightly shifts, the remuneration
for night work shall be higher than that paid for day work; the night work rate shall not be less
than 20 per cent. above the hourly rate for day work.

(1) One hour's night work shall be reckoned as equal to fifty-two minutes and
thirty seconds.

(2) For the purposes of this article, work performed between the hours of 10
P.M. on one day and 5 A.M. on the following day shall be deemed to be night
work.

(3) The higher rate provided for in this article shall be fixed, in undertakings
which by reason of the nature of their operations do not normally work during
the night, on the basis of the rates paid for similar work during the day. In the
case of undertakings where the nature of their operations involves night work,
the increased rate shall be calculated on the basis of the minimum current
wage rate in the area and shall not be payable if the remuneration paid already
exceeds the said minimum rate plus 20 per cent.

(4) In the case of mixed working hours, that is to say those including both day
work and night work, the provisions of this article and the subsections thereof
shall apply to the hours of night work.

(5) The provisions of this Chapter shall apply in cases where night work is
extended.

Division V

Timetables

Art. 74. The hours of work shall be shown on a timetable drawn up in conformity with a model
prescribed by the Ministry of Labor, Industry and Commerce and posted up in a conspicuous
place. If the distribution of hours of work is not the same for all the employees in the same group
or shift, the timetable shall show the hours of work of each employee.

(1) The hours of work shall be entered in the register of employees, with a note
of collective agreements or contracts concluded (if any).

(2) In establishments with more than ten employees, the hours at which
employees enter and leave the establishment shall be recorded by a
mechanical recording appliance or otherwise; the breaks for rest shall also be
recorded.

(3) If work is performed outside the establishment, the hours of work of the
employees shall be shown clearly on a card or paper in their possession,
without prejudice to the provisions of subsection (1) of this article.

Division VI

Penalties

Art. 75. (Amended by Law No. 7855 of Oct. 24, 1989) Persons guilty of a contravention of the
provisions of this chapter shall be liable to a fine of not less than 3 nor more than 300 time the
regional values of reference, according to the nature of the offense, its extent and the intention

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of the offender; in the event of a repetition of the offense, obstruction to inspection or disrespect
to an authority, the fine shall be doubled.

Sole Subsection. The Regional Labor Officers shall be competent to impose penalties.

CHAPTER III

MINIMUM WAGES

Division I

Definition

Art. 76. "Minimum wage" (salario minimo) shall mean the minimum remuneration payable and
paid directly by the employer to an employee (including an agricultural worker), irrespective of
sex, for a normal day's work, which is sufficient to satisfy his normal needs as regards food,
housing, clothing, hygiene and transport, at a specified period and in a specified region of the
country.

Art. 77. Repealed by Law No. 4589 of Dec. 11, 1964.

Art. 78. If the remuneration is paid by the job or at task or piece rates, the employee shall be
guaranteed a daily wage which shall not in any case be less than the minimum wage fixed for a
normal day's work in the region, zone or sub-zone.

Sole Subsection. Where the monthly minimum wage of an employee working on a commission
or percentage basis consists of a fixed rate plus a fluctuating rate, he shall invariably be
guaranteed the minimum wage, and it shall not be lawful to make any deduction during the
following month by way of compensation.

Art. 79. When fixing the minimum wage of employees engaged in unhealthy work, the minimum
wage board may increase the normal minimum wage for the region, zone or sub-zone by fifty
per cent.

Art. 80. The wage payable to an apprentice who is still a minor shall never be less than half the
regional minimum wage during the first half of the maximum term fixed for the apprenticeship in
the trade concerned. During the second half he shall receive at least two-thirds of the regional
minimum wage.

Sole Subsection. A young person between the ages of 12 and 18 years shall be deemed to be
an apprentice if he is receiving systematic vocational training in the trade in which he is
employed.

Art. 81. The minimum wage shall be calculated in accordance with the formula mw=a + b + c +
d + e, in which a, b, c, d, and e represent respectively the value of the daily expenditure on food,
housing, clothing, hygiene and transport which are necessary for the existence of an adult
employee.

(1) The element of the minimum wage representing food shall be at least equal
to the total value of the foodstuffs enumerated in duly approved schedules of
foodstuffs necessary for the daily nourishment of an adult employee.

(2) Certain foodstuffs may be replaced by the equivalents in each group
specified likewise in the schedules mentioned in the preceding subsection, if
the conditions prevalent in a region, zone, or sub-zone make this advisable,
due account being taken of the nutritive values fixed in the said schedules.

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(3) The Ministry of Labor, Industry and Commerce shall revise periodically the
schedules mentioned in subsection (1) of this article.

Art. 82. If the employer supplies any element or elements of the minimum wage in kind, the
pecuniary part of the wage shall be calculated in accordance with the formula PW . MW - P, in
which PW represents the pecuniary wage, MW the minimum wage, and P the aggregate value,
in the region, zone or sub-zone concerned, of the above-mentioned elements.

Sole Subsection. The part of the minimum wage paid in money shall not in any case be less
than 30% (thirty per dent.) of the minimum wage fixed for the region, zone or sub-zone
concerned.

Art. 83. A homeworker shall be entitled to the minimum wage; "homeworker" (trabalhador em
domicilio) shall mean a person who performs work in his own home or in a family workshop on
account of an employer who pays him for the said work.

Division II

Regions, Zones and Sub-zones

Art. 84. For the purpose of the application of the minimum wage the country shall be divided into
23 regions corresponding to the States and the Federal District.

COMMENT: The number of regions stated above is in accordance with Decree No. 49595 of
Dec. 28, 1960. This article has been prejudiced by Art. 7 of the Constitution.


Art. 86. (Art. 7 of the Constitution of 1988 prejudiced this provision) If variations in the cost of
living are found to exist in any region or zone owing to the economic conditions prevailing in
urban, suburban, rural or coastal areas, the Minister of Labor, on the recommendation of the
Department of Employment and Wages, and after consultation with the National Council of
Wage Policy, shall authorize it to subdivide the region or zone in accordance with these
conditions.

(1) (Amended by Law No. 5381 of Dec. 9, 1968) In cases covered by
this article subordinate local boards shall be set up under the minimum wage
boards, to which they shall make recommendations respecting the local
minimum wage.

(2) (Added by Law No. 5381 of Dec. 9, 1968. The provisions of this paragraph
have been prejudiced by Art. 7 of the Constitution) Insofar as the circumstances
mentioned in this article are verified, the minimum wage established for the
original municipalities shall be in force in the municipalities that have been
created as divisions thereof.

(3) (Added by Law No. 5381 of Dec. 9, 1968. The provisions of this paragraph
have been prejudiced by Art. 7 of the Constitution) In the case of new
municipalities formed from the division of more than one municipality, until the
circumstances can be verified, the highest minimum wage established for the
municipalities from which they originate shall be in force therein.

Division III

Constitution of the Boards

Art. 87-Art. 100. Repealed by Law No. 4589 of Dec. 11, 1964.

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Division IV

Powers and Duties of Minimum Wage Boards

Art. 101-Art. 111. Repealed by Law No. 4589 of Dec. 11, 1964.

Division V

Fixing of the Minimum Wage





Art. 116. Sixty days after its publication in the Diario Oficial, the Decree fixing the minimum
wage shall become binding on all persons, who utilize the labor of others in return for
remuneration.

(1) When a minimum wage has been fixed, it shall remain in operation for three
years; it may be altered or maintained for a further period of three years and for
subsequent periods of three years by a decision of the competent minimum
wage board approved by the Minister of Labor, Industry and Commerce.

(2) By way of exception the minimum wage may be altered before the
expiration of the period of three years during which it is in force, provided that
the competent minimum wage board decides by a vote of three-fourth of its
members that economic factors have caused a fundamental alteration in the
economic and financial situation of the region, zone or sub-zone concerned.

Division VI

General Provisions

Art. 117. Every contract or agreement which provides for remuneration lower than the minimum
wage fixed for the region, zone or sub-zone to which the agreement or contract applies shall be
ipso facto null and void, and the employer concerned shall be liable to the penalties laid down
in article 120.

Art. 118. Every employee who receives a wage lower than the minimum wage fixed shall be
entitled, notwithstanding any contract or agreement to the contrary, to claim from the employer
the sum necessary to make his wages up to the minimum wage fixed for the region, zone or
sub-zone concerned.

Art. 119. The period of limitation for actions for the payment of the sum necessary to make up
the minimum wage shall be two years reckoned in the case of each payment of wages from the
date on which it was effected.

COMMENT: Art. 7 of the Constitution states that the period of limitation for actions in this case
shall be 5 years.

Art. 120. (Amended by Law No. 7855 of Oct. 24, 1989) If any person contravenes any provision
relating to the minimum wage, he shall be liable to a fine of not less than 3 nor more than 120

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times the regional value of reference, which shall be doubled in the event of a repetition of the
offense.

Art. 121. Repealed by L.C. # 229 of Feb. 28, 1967.



Art. 124. The application of the provisions of this chapter shall not in any case serve as a pretext
for a reduction in wages.


Art. 126. The Minister of Labor, Industry and Commerce shall issue the necessary instructions
for the supervision of the application of the minimum wage and may delegate this supervision to
any of the administrative bodies of the Ministry, or to the inspectors of the retirement or
survivors' pensions institutions, in conformity with the legislation in force.



CHAPTER IV

ANNUAL LEAVE

Division I

Right to and Duration of Leave

Art. 129. Every employee shall be entitled to an annual leave with pay.

Art. 130. After every 12 months during which a contract of employment has been in operation an
employee shall be entitled to the following periods of leave:

I. 30 calendar days, if he has not been absent from work more than five times;

II. 24 calendar days, if he has been absent from work between six and 14
times;

III. 18 calendar days, if he has been absent from work between 15 and 23
times;

IV. 12 calendar days, if he has been absent from work between 24 and 32
times.

(1) It shall not be lawful to deduct an employee's absences
from work from his period of leave.

(2) The leave period shall be considered for all purposes as a
period of employment.

Art. 131. The following shall not be treated as absence from work for the purposes of the
preceding article:

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I. absence in cases covered by article 473;

II. the compulsory absence of a woman employee on account of her maternity
or abortion (other than criminal abortion), provided that she fulfills the qualifying
requirements for maternity pay granted by the social insurance scheme;

III. absence on account of an employment accident or incapacity for work giving
rise to the payment of sickness benefit by the social insurance scheme, except
in cases covered by item IV of article 133;

IV. absence authorized by the undertaking;

V. absence for any period during which the employee is suspended as a
preventive measure because of administrative inquiries or preventive detention,
provided that the case against him is dismissed or he is acquitted;

VI. absence on days on which the employee was not required to work, except in
cases covered by item III of article 133.

Art. 132. Any period for which a person was employed before reporting for compulsory military
service shall be calculated towards his qualifying period for purposes of leave, provided that he
reports to the establishment within 90 days of the date of which he is discharged.

Art. 133. (Amended by DL No. 1535 of Apr. 13, 1977) An employee shall not be entitled to leave
if, during the qualifying period, he:

I. leaves his work and is not reinstated within 60 days of his departure;

II. is released from work on full pay for more than 30 days;

III. ceases to work, but without loss of pay, for more than 30 days on account of
the total or partial suspension of work in the undertaking;

IV. draws employment accident or sickness benefit from the social insurance
scheme for more than six months, whether consecutive or not.

(1) (Amended by DL No. 1535 of Apr. 13, 1977) Any
interruption of work must be recorded in an employee's
employment and social insurance book,

(2) (Amended by DL No. 1535 of Apr. 13, 1977) An employee
shall begin a new qualifying period on returning to work after
any of the events referred to in this article.

(3) (Added by Law No. 9016 of March 30, 1995, effective Mar.
31, 1995) For the purposes provided in item III of this article, an
enterprise shall notify the local branch of the Ministry of Labor,
within a minimum period of 15 days prior to the dates of the
beginning and end of a total or partial suspension of work in the
enterprise, and, within the same period, notify, under the same
terms, the representative trade union of the occupational
category, as well as affix a notice in the respective work
stations.

(4) Vetoed.

Division II

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Grant of Leave and Dates Thereof

Art. 134. Leave shall be granted by the employer in a single period in the course of the 12
months following the date on which the employee becomes entitled to it.

(1) Leave shall be granted only in exceptional cases in two periods, one of
which shall not be less than ten calendar days in length.

(2) Leave shall invariably be granted in a single period in the case of persons
under 18 years of age or over 50 years of age.

Art. 135. (Amended by Law No. 7414 of Dec. 9, 1985) An employee shall be given at least 30
days' notice in writing of the grant of leave. He shall give a receipt for the notice given to him.

(1) (Amended by DL No. 1535 of Apr. 13, 1977) An employee shall not go on
leave without giving his employment and social insurance book to the employer
so that the appropriate entry can be made in it.

(2) (Amended by DL No. 1535 of Apr. 13, 1977) The fact that leave has been
granted shall also be entered in the register of employees or on their
registration cards.

Art. 136. The leave dates shall be those most convenient to the employer's interests.

(1) Members of the same family employed in the same establishment or
undertaking shall be entitled to take leave during the same time if they so desire
and if not detrimental to the conduct of the work for them to do so.

(2) A student employee who is under 18 years of age shall be entitled to take
his leave during the school holidays.

Art. 137. Where leave is granted after the period referred to in article 134, the employer shall
pay twice the corresponding rate of remuneration.

(1) Where the aforementioned period has expired without the employer having
granted the leave, the employee may enter a petition requesting that his leave
dates should be determined by a court decision.

(2) The decision shall be accompanied by a daily penalty equal to 5 Per cent of
the minimum wage for the region, which shall accrue to the employee until the
decision is complied with.

(3) A copy of the final decision shall be transmitted to the local office of the
Ministry of Labor, in order that the administrative fine can be imposed.

Art. 138. An employee shall not perform services for another employer while he is on leave,
unless he is required to do so under a contract of employment validly concluded with the latter.

Division III

Leave granted on a collective basis

Art. 139. Leave may be granted on a collective basis to all the employees working in an
undertaking or in specified establishments or departments of an undertaking.

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(1) Such leave may be taken in two annual periods, on condition that neither of
them is less than ten calendar days in length.

(2) For purposes of this article, the employer shall give at least 15 days' notice
to the local office of the Ministry of Labor of the dates on which the leave is to
begin and end, indicating which establishments or departments are concerned.

(3) The employer shall send a copy of the notice within the same time-limit to
the trade unions representing the occupation concerned and shall arrange for a
notice to be posted in his workplaces.

Art. 140. An employee who has been hired less than 12 months previously shall be granted a
proportionate period of leave at the appropriate time and shall thereafter begin a new qualifying
period.

Art. 141. Where the number of employees affected by leave granted on a collective basis is over
300, the undertaking may make the entries referred to in article 135 (1) by means of a stamp.

(1) The stamp, which shall be of a pattern approved by the Ministry of Labor,
need not include the reference to the qualifying period completed by each
employee.

(2) Where the procedure referred to in this article is adopted, the undertaking
shall provide each employee with an initialed copy of the receipt referred to in
the sole subsection of article 145.

(3) On the termination of an employee's contract of employment, the employer
shall make an entry in his employment and social insurance book indicating the
dates of the qualifying periods corresponding to leave granted to the employee
on a collective basis.

Division IV

Rate and Payment of Leave Remuneration

Art. 142. While on leave an employee shall be entitled to the remuneration due him on the date
on which the leave is granted.

(1) Where an employee is remunerated on an hourly basis and works a variable
number of hours, the basis taken shall be the average for the qualifying period
at the rate of remuneration which he earned on the date on which the leave was
granted.

(2) Where an employee is remunerated at piece rates, the basis taken shall be
his average output for the qualifying period at the piece rate which he earned
on the date on which the leave was granted.

(3) Where an employee is remunerated on a percentage, commission or
expense-account basis, the basis taken shall be the average earned by him
over the 12 months preceding the date on which the leave was granted.

(4) Any portion of an employee's remuneration which is paid to him in the form
of a share in profits shall calculated in accordance with the entries made in his
employment and social insurance book.

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(5) Any supplements for overtime, night work or work in unhealthy or dangerous
conditions shall be included in the remuneration taken as a basis for calculating
the leave remuneration.

(6) Where an employee, when going on leave, is not receiving the same
supplement as during his qualifying period or where the value of the
supplement has not been uniform, it shall be calculated at the rate of one-
twelfth of the rate received over the qualifying period, as revised in the light of
any subsequent percentage wage adjustments.

Art. 143. An employee may take one-third of his leave entitlement in the form of a cash payment
calculated on the basis of the remuneration due to him for the days in question.

(1) A request for payment in lieu of leave shall be made at least 15 days before
the end of the qualifying period.

(2) Where leave is granted on a collective basis, the conversion referred to in
this article shall be the subject of a collective agreement between the employer
and the trade union representing the occupation in question, which shall be
independent of the individual requests for payment. "

Art. 144. The payment in lieu of leave referred to in the preceding article and any similar
payment made in accordance with a stipulation in the employee's contract of employment or in
accordance with the work rules or the collective agreement shall not form part of the employee's
remuneration for the purposes of labor and social insurance law if it does not represent more
than 20 days' pay.

Art. 145. Leave remuneration and, where appropriate, the cash in lieu of leave referred to
in article 143 shall be paid not less than two days before the beginning of the leave.

Sole Subsection. An employee shall give a receipt for the payment, with an indication of the
dates on which his leave begins and ends.

Division V

Effects of the Termination of Contracts of Employment

Art. 146. On the termination of his contract of employment for any reason, an employee shall be
entitled to the remuneration corresponding to the period of leave to which he had become
entitled, which shall be payable at the single or double rate, as the case may be.

Sole Subsection. In the event of the termination of his contract of employment after 12 months'
service, an employee who has not been dismissed for just cause shall be entitled to the
remuneration corresponding to any period of leave not taken, as provided in article 130, in the
proportion of one-twelfth for every month of service or fraction of a month in excess of 14 days.

Art. 147. An employee who is dismissed without just cause or whose contract of employment
expires after a specified period shall be entitled, if he has not completed 12 months' service, to
the remuneration corresponding to any period of leave not taken, in accordance with the
provisions of the preceding article.

Art. 148. Leave remuneration, even where it becomes due after the termination of an
employee's contract of employment, shall be deemed to be wages for the purposes of article
449.

Division VI

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Beginning of the Period of Limitation

Art. 149. The period of limitation within which an employee must claim the grant of leave or the
payment of the corresponding remuneration shall be calculated from the end of the period
referred to in article 134 or from the date of termination of his contract of employment, as the
case may be.

Division VII

Special Provisions

Art. 150. In case a shipowner decides to transfer a seaman to the service of another shipowner,
the seaman shall be credited, for the purposes of his right to leave, with any period of
employment in the service of the former shipowner, and the leave to which he is entitled shall be
granted by the shipowner in whose service he is working when he goes on leave.

(1) Where a vessel calls at a port for a long period, seamen who are resident
there may be granted part of their leave in that port if they so request and the
shipowner so agrees.

(2) A vessel shall be deemed to call at a port for a long period if it remains there
for more than six

days.

(3) To take leave in the manner provided for in this article, seamen must apply
for it in writing to the shipowner in the vessel's port of registration or home port,
before the voyage begins.

(4) On finishing his leave a seaman shall report to the shipowner, who shall
assign him to one of his vessels or to one of his services ashore, due account
being taken of his personal circumstances and remuneration.

(5) In case of need dictated by the public interest and duly recognized by the
competent authority, a shipowner may order a seaman to suspend leave
already begun or due to begin, without prejudice to the seaman's right to take
the leave at some later time.

(6) The maritime labor officer may give permission for a seaman to accumulate
two periods of leave if a substantiated application to that effect is made by--

I. the trade union, if the seaman is a member of the union;

II. the enterprise, if the seaman is not a member of a union.

Art. 151. Pending the institution of a special employment book for seamen, leave shall be
entered by the harbor-master in a seaman's registration book, on the page reserved for
comments.

Art. 152. While a seaman is on leave, his remuneration shall be increased by any supplements
corresponding to the part of the voyage in which he is currently engaged.

Division VIII

Penalties

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Art. 153. (Amended by Law No. 7855 of Oct. 24, 1989) Infringements of this Chapter shall be
punishable with a fine equal to 160 BTN per employee in an irregular situation.

Sole Subsection. (Amended by Law No. 7855 of Oct. 24, 1989) Where the offender is guilty of a
repetition of the infringement, obstructs or resists supervision or resorts to deceit or
dissimulation with the object of circumventing the law, the fine shall be doubled.

CHAPTER V

OCCUPATIONAL SAFETY AND HEALTH

Division I

General Provisions

Art. 154. Compliance with the provisions of this chapter in every workplace shall not exempt an
enterprise from compliance with other provisions on the subject contained in the building codes
or health regulations of the state or municipality in which the enterprise is located, or the
provisions deriving from collective labor agreements.

Art. 155. It shall be the duty of the competent national occupational safety and health authority
to

I. draw up rules, within the limits of its competence, for applying the provisions
of this chapter, and especially those referred to in article 200;

II. co-ordinate, guide and supervise inspection and other activities connected
with occupational safety and health throughout the country, including the
national employment accident prevention campaign;

III. act as the authority of final instance in the event of an appeal by one of the
parties or by an official service against a decision taken by a regional labor
officer on a question of occupational safety and health.

Art. 156. Within the limits of its jurisdiction a regional labor delegation shall more particularly --

I. promote supervision of compliance with the provisions governing
occupational safety and health;

II. take such measures as are necessary in pursuance of this chapter and order
any work or repairs to be carried out that appear to be required in any
workplace.

III. impose appropriate penalties for any failure to comply with the provisions of
this chapter, as provided in article 201.

Art. 157. An enterprise shall be required to --

I. observe and enforce the provisions governing occupational safety and health;

II. inform its employees, by means of internal instructions, of the precautions to
be taken against employment accidents and occupational diseases;

III. take such measures as are ordered by the competent regional authority;

IV. facilitate supervision by the competent authority.

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Art. 158. An employee shall be required to --

I. observe the rules governing occupational safety and health, including the
instructions referred to in item II of the preceding article;

II. co-operate with the enterprise in applying the provisions of this chapter.

Sole Subsection. An employee shall be at fault if he refuses without a valid reason to --

(a) comply with the instructions issued by the employer under item II of the
preceding article;

(b) use the personal protective equipment provided by the enterprise.

Art. 159. Duties relevant to the supervision or guidance of enterprises in their compliance with
the provisions of this chapter may be delegated to other federal, state or municipal authorities
on the basis of an agreement approved by the Minister of Labor.

Division II

Prior Inspection; Supervision and Prohibition of Work

Art. 160. No establishment may be brought into operation until its installations have been
inspected and approved by the competent regional occupational safety and health authority.

(1) A further inspection shall be carried out whenever any substantial change is
made to such installations, including the equipment; the enterprise shall be
required to give prompt notice of any such change to the regional labor
delegation.

(2) An enterprise may apply to the regional labor delegation for prior approval of
its building projects and related installations,

Art. 161. A regional labor officer, on receiving a technical report from the competent service
showing that there is serious and imminent danger for any worker, may prohibit the use of an
establishment, department, machine or piece of equipment or suspend the performance of work
at the same time indicating in his decision, which shall be made as quickly as the circumstances
require, what measures have to be adopted to prevent an employment accident.

(1) The federal, state and municipal authorities shall provide immediate support
for any measures ordered by a regional labor officer.

(2) A request for the prohibition or suspension of work may be made by the
competent service of the regional labor delegation, by a labor inspection official
or by a trade union authority.

(3) The party concerned may appeal within ten days against the decision taken
by the regional labor officer to the competent national occupational safety and
health authority, which shall have power to decide if the appeal is to effect a
stay of execution.

(4) In addition to being liable to the appropriate penalties a person shall be
guilty of insubordination if, after a decision has been taken to prohibit or
suspend work, he orders or permits the operation of the establishment or any of
its departments, the use of any machine or piece of equipment or the
continuance of work, if prejudice is sustained by any third party as a result.

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(5) Regardless of any appeal, a regional labor officer may cancel a prohibition
after receiving a technical report from the competent service,

(6) For such time as work is stopped as a result of a prohibition or suspension,
the employees shall receive their wages as if they were actually employed.

Division III

Occupational Safety and Health Authorities in Enterprises

Art. 162. Enterprises shall be required, in accordance with provisions to be made by the Ministry
of Labor, to maintain specialized occupational safety and health services.

Sole Subsection. The provisions referred to in this article shall specify--

(a) how enterprises are to be classified according to the number of their
employees and the nature of the risk involved in their activities;

(b) the minimum number of specialized staff to be employed in each enterprise,
depending on the group in which it has been classified, as provided in the
preceding clause:

(c) the skills required by the specialized staff in question, and their conditions of
employment;

(d) the other features and duties of the specialized occupational safety and
health services maintained in enterprises.

Art. 163. A work accident prevention committee shall be set up in accordance with instructions
issued by Ministry of Labor in every establishment or workplace covered by such instructions.

Sole Subsection. Regulations shall be drawn up by the Ministry of Labor specifying the powers,
duties, membership and operation of work accident prevention committees.

Art. 164. Each work accident prevention committee shall consist of representatives of the
enterprise and the employees, in accordance with criteria to be laid down in the regulations
referred to in the sole subsection of the preceding article.

(1) The representatives and their alternates of the employer shall be appointed
by the employer himself.

(2) The representatives and their alternates of the employees shall be elected
at a secret ballot held exclusively among the employees concerned, without
regard for their trade union membership.

(3) The elected members of a work accident prevention committee shall hold
office for one year and may be re-elected.

(4) The provisions of the preceding subsection shall not apply to a deputy
member who, during his term of office, has attended less than half the
committee meetings.

(5) The employer shall each year appoint the chairman of the work accident
prevention committee

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from among his representatives and the employees shall elect the vice-
chairman from among their representatives.

Art. 165. The employees' representatives on a work accident prevention committee may not be
arbitrarily dismissed, other than for disciplinary, technical, economic or financial reasons.

Sole Subsection. Where an employees' representative is dismissed but issues a complaint with
the labor courts, the employer shall be required to prove the existence of one of the grounds
referred to in this article and shall otherwise be ordered to reinstate the employee.

Division IV

Personal Protective Equipment

Art. 166. Where general measures do not afford the employees complete protection against
possible accidents or injuries to their health, the undertaking shall provide them free of charge
with personal protective equipment appropriate to the risk and in a fully satisfactory state of
maintenance and operation.

Art. 167. No item of protective equipment may be offered for sale or used unless it has been
approved by the Ministry of Labor.

Division V

Preventive Medicine

Art. 168. (Amended by Law No. 7855 of Oct. 24, 1989) It is obligatory that every employee shall
be medically examined at the employer's expense, under the conditions established in this
article and in the complementary instructions to be issued by the Ministry of Labor:

I. upon admission;

II. upon dismissal;

III. periodically.

(1) (Amended by Law No. 7855 of Oct. 24, 1989) The Ministry
of Labor shall issue instructions relative to the cases in which
examinations shall be required:

a) on the occasion of dismissal;

b) supplementary.

(2) (Amended by Law No. 7855 of Oct. 24, 1989) Other
supplementary examinations may be required by the medical
practitioner to ascertain whether the employee is physically and
mentally fit for the job he is to do.

(3) (Amended by Law No. 7855 of Oct. 24, 1989) The Ministry
of Labor shall establish in accordance with the risk of the
activity and the time of exposure, how often Medical
examinations shall be repeated.

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(4) (Amended by Law No. 7855 of Oct. 24, 1989) Every
establishment shall be equipped with the necessary facilities to
provide first aid, in accordance with the risk of the activity.

(5) (Amended by Law No. 7855 of Oct. 24, 1989) The result of
the medical exams, including supplementary examinations,
shall be communicated to the worker, observing the precepts of
medical ethics.

Art. 169. Every occupational disease and every disease occasioned by the special conditions in
which the work is done shall be reported on its diagnosis or suspected diagnosis, in accordance
with instructions issued by the Ministry of Labor.

Division VI

Buildings

Art. 170. Every building shall fulfill the technical requirements guaranteeing the absolute safety
of the persons employed in it.

Art. 171. Every workplace shall be at least 3 metres high, measured in terms of the free space
from floor to ceiling.

Sole Subsection. This minimum may be reduced if the standard of lighting and ventilation is
adequate, having regard to the nature of the work, but the reduction shall be subject to
inspection by the competent occupational safety and health authority.

Art. 172. The floor of a workplace shall not have any protrusions or holes likely to impede the
movement of persons or objects.

Art. 173. Every opening in a floor or wall shall be so protected as to prevent persons or objects
from falling through it.

Art. 174. Every wall, stairway, incline, walkway floor, corridor, roof and passageway in a
workplace shall comply with occupational safety and health criteria laid down by the Ministry of
Labor and shall be maintained in a fully satisfactory state of repair and cleanliness.

Division VII

Lighting

Art. 175. Every workplace shall have adequate natural or artificial lighting appropriate to the
nature of the work performed.

(1) Lighting shall be distributed in a uniform, general and diffused manner, so
as to prevent dazzle, unpleasant reflections, shadows and excessive contrasts.

(2) The Ministry of Labor shall lay down the minimum standards of lighting to be
observed.

Division VIII

Ventilation

Art. 176. Every workplace shall have natural ventilation appropriate to the work performed.

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Sole Subsection. Artificial ventilation shall be compulsory if natural ventilation does not ensure
an adequate temperature.

Art. 177. Where the environmental conditions are uncomfortable on account of plant that
generates cold or heat, working clothes suitable to the conditions shall be worn or hoods,
screens, double walls, heat insulation and similar devices shall be used to protect the
employees against the temperature conditions.

Art. 178. The temperature conditions in a workplace shall be maintained within limits fixed by
the Ministry of Labor.

Division IX

Electrical Installations

Art. 179. The Ministry of Labor shall prescribe the safety conditions and special precautions to
be observed in connection with electrical installations at all stages in the production,
transmission, distribution and consumption of power.

Art. 180. Only qualified staff shall install, operate, inspect or repair electrical installations.

Art. 181. Persons working in electricity services or with electrical installations shall be familiar
with the methods used to give first aid to victims of electric shock.

Division X

Transport, Storage and Handling of Materials

Art. 182. The Ministry of Labor shall issue rules for--

I. The safety precautions to be observed in transporting materials in
workplaces, the equipment to be used for the purpose and the special
conditions to be observed in the operation and handling of such equipment,
including the conditions to be met by trained staff;

II. Similar requirements to be observed in connection with the handling and
storage of materials, including the safety and health conditions to be met by
containers, store-rooms and personal protective equipment;

III. The marking of the maximum permissible load on transport equipment, the
notices to be displayed forbidding employees to smoke, the warnings to be
given of the dangerous or unhealthy nature of the substances that are being
transported or stored, the recommendations to be made for first aid and
medical attention and the internationally recognized danger symbols to be
marked on materials or substances that are being stored or transported.

Sole Subsection. The provisions on the transport of materials shall also apply, where relevant,
to the transport of persons in a workplace.

Art. 183. Persons employed in transporting materials shall be acquainted with the rational
methods of lifting loads.

Division XI

Machinery and Equipment

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Art. 184. Machinery and equipment shall be fitted with controls for starting and stopping and
such other devices as are necessary to prevent employment accidents, especially those caused
by the machinery or equipment being set in motion accidentally.

Sole Subsection. It shall not be lawful to manufacture, import, sell, hire or use any machinery or
equipment not complying with the provisions of this article.

Art. 185. A machine shall not be repaired, cleaned or adjusted while it is in motion, unless it has
to be working for the purposes of the operation.

Art. 186. The Ministry of Labor shall issue further rules for the precautions and safety measures
to be taken in connection with the operation of machinery and equipment, and especially in
connection with the protection of moving parts, the distance to be left between them, the means
of access to large-scale machinery and equipment, the use of tools and the precautions and
protective measures necessary when such tools are power-driven or electrically operated.

Division XII

Boilers, Furnaces and Pressure Vessels

Art. 187. Boilers, equipment and vessels generally that are operated under pressure shall be
fitted with valves and other safety devices to avoid any rise in the internal working pressure that
is beyond their level of resistance.

Sole Subsection. The Ministry of Labor shall issue further rules for the safety of boilers, furnaces
and pressure vessels, especially in connection with their linings and location, the ventilation of
premises and other means of eliminating unhealthy gas or vapor, and any other installations or
equipment required for the safe performance of the work done by each employee.

Art. 188. Every boiler shall be periodically inspected by an engineer or special enterprise
registered with the Ministry of Labor, in accordance with instructions issued for the purpose.

(1) Every boiler shall be accompanied by a manual including the manufacturer's
original documentation and giving at least the following particulars: the technical
specifications, drawings and details, the examinations and tests carried out
during its manufacture and assembly, the operating characteristics and the
maximum permissible working pressure, this latter detail being shown in a
visible place on the boiler itself.

(2) The owner of every boiler shall institute, maintain and produce on request
from the competent authority a safety register systematically recording the
details of any tests, inspections, repairs and other occurrences.

(3) Plans for the installation of boilers, furnaces and pressure vessels shall be
submitted for prior approval to the competent regional occupational safety
authority.

Division XIII

Unhealthy and Dangerous Activities

Art. 189. An activity or operation shall be deemed to be unhealthy if, by reason of its nature, the
conditions in which it is carried on or the working methods used, it exposes the employees
concerned to unhealthy agents beyond the limits of tolerance fixed in the light of the nature and
intensity of the agents themselves and the period of exposure to their effects. '

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Art. 190. The Ministry of Labor shall approve a schedule of unhealthy activities and operations
and shall make rules for the criteria to be adopted in classifying the degrees of health risk, the
limits of tolerance for the various harmful agents, the means of protection against them and the
maximum period of exposure to their effects.

Sole Subsection. The rules referred to in this article shall cover the means of protecting an
employee's body during operations giving rise to toxic, irritant, allergy-producing or obnoxious
aerosols.

Art. 191. Health risks shall be eliminated or offset by--

I. the adoption of measures maintaining the working environment within the
limits of tolerance;

II. the use of personal protective equipment reducing the effects of harmful
agents to within the limits of tolerance

Sole Subsection. Where a regional labor delegation finds evidence of a health risk, it shall notify
the enterprise concerned and fix a time limit for the risk to be eliminated or offset, as provided in
this article.

Art. 192. Where an employee is required to work in unhealthy conditions beyond the limits of
tolerance laid down by the Ministry of Labor, he shall receive a supplement equal to 40, 20 or 10
per cent of the regional minimum wage, depending on whether the situation has been classified
in the maximum, intermediate or minimum degree of risk.

Art. 193. An activity or operation shall be deemed to be dangerous, as provided in regulations
made by the Ministry of Labor, if, by reason of its nature or the working methods used, it
involves permanent contact with inflammable or explosive substances with a high degree of risk.

(1) An employee working in dangerous conditions shall be entitled to a wage
supplement of 30 per cent calculated on the basis of his wage net of any
bonuses, premiums or shares in profits.

(2) An employee shall be entitled to opt for any supplement that may be due to
him in respect of unhealthy conditions.

Art. 194. An employee shall cease to be entitled to a supplement in respect of unhealthy or
dangerous conditions if the health or safety risk is eliminated, as provided in this Division and
the rules made by the Ministry of Labor.

Art. 195. Conditions shall be declared to be unhealthy or dangerous, and classified as such, in
accordance with rules made by the Ministry of Labor and on the basis of an expert examination
made by an occupational physician or engineer registered with the Ministry of Labor.

(1) Enterprises and the appropriate trade unions for the occupational categories
concerned shall be entitled to request the Ministry of Labor to carry out an
expert examination in the relevant establishments or departments for the
purpose of declaring certain activities to be unhealthy or dangerous and of
classifying or limiting them as such.

(2) Where an employee, or a trade union acting on behalf of a group of
employees, alleges before a court of law that conditions are unhealthy or
dangerous, the judge shall appoint an expert having the qualifications specified
in this article or, where no such expert is available, shall request the competent
authority of the Ministry of Labor to carry out an expert examination.

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(3) The provisions of the preceding subsections shall be without prejudice to the
supervisory functions' of the Ministry of Labor or to the conduct of an expert
examination ex officio.

Art. 196. (Amended by Law No. 6514 of Dec. 22, 1977) The financial implications of work done
in unhealthy or dangerous conditions shall take effect from the date on which the activity
concerned is included in the schedules approved by the Ministry of Labor in accordance
with article 11.

Art. 197. Where any material or substance used, handled or transported in a workplace is
dangerous or unhealthy, it shall be marked with a label indicating its composition, giving
recommendations for first aid and showing the corresponding internationally recognized danger
symbol.

Sole Subsection. Any establishment carrying on an activity covered by this article shall display
notices or posters in the workplaces concerned, warning the employees of any dangerous or
unhealthy materials or substances.

Division XIV

Prevention of Fatigue

Art. 198. The maximum weight that an employee may move by his own efforts shall be 60 Kg.,
without prejudice to the special provisions governing the work of young persons and women.

Sole Subsection. The prohibition contained in this article shall not apply to objects moved by
pushing or pulling trucks on rails, handcarts or other mechanical equipment: Provided that the
Ministry of Labor may in such cases fix other limits preventing an employee from being required
to do work beyond his strength.

Art. 199. Where employees have to do their work sitting down, they shall be provided with seats
enabling them to adopt the correct posture and avoid uncomfortable or awkward positions.

Sole Subsection. Where employees have to do their work standing up, they shall have seats
available for use during such breaks as can be granted in the course of the work.

Division XV

Other Special Protective Measures

Art. 200. The Ministry of Labor shall make further provisions supplementing the provisions of
this chapter, with due regard for the specific features of each activity or type of work; such
provisions shall more particularly relate to--

I. the measures to be taken to prevent accidents and the personal protective
equipment to be provided in construction, demolition and repair work;

II. the storage and handling of fuel and of inflammable and explosive
substances, and the movement and presence of workers in the areas
concerned;

III. work in excavations, tunnels, galleries, mines and quarries, with particular
reference to the prevention of explosions, fire, the collapsing of earth and rock,
the elimination of dust, gas, etc., and facilities for the rapid evacuation of the
employees;

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IV. fire protection in general and the appropriate preventive measures, including
the special lining of doors and walls, the construction of fireproof walls, ditches
and other safeguards and the general provision of facilities for easy movement,
such as wide, safe and adequately marked entrances and exits;

V. protection against the effects of the sun, heat, cold, damp and draught,
particularly in the case of work in the open air, including the provisions in this
latter case of drinking water, shelters and facilities for the prevention of disease;

VI. the protection of employees who are exposed to harmful chemical
substances, ionizing and other radiation, noise, vibration and abnormal jolting
or pressure at the workplace; an indication shall be given of suitable means of
eliminating or reducing these effects, the maximum periods of exposure to them
and the maximum limits for their action or effects on the human body,
compulsory medical examinations, age limits, the permanent supervision of
workplaces and such other requirements as may be necessary;

VII. hygiene at workplaces, including the standards to be observed, the sanitary
installations to be provided for both sexes, showers, washbasins, dressing
rooms and individual lockers, mess rooms or other facilities for taking meals,
drinking water, the cleanliness of workplaces and the arrangements for
achieving it, and the treatment of industrial waste;

VIII. the use of colors in workplaces, including their application to danger
signals.

Sole Subsection. In the case of ionizing radiation and explosives, the provisions referred to in
this article shall be made in accordance with resolutions on the subject adopted by the
competent technical authority.

Division XVI

Penalties

Art. 201. (Amended by Law No. 6986 of Apr. 13, 1982) Any person committing a violation of the
provisions of this chapter relating to occupational health shall be liable to a fine of between 30
and 300 times the reference amount provided for in the sole subsection to article 2 of Act No.
6205 of April 29, 1975 and any person violating the provisions relating to occupational safety
shall be liable to a fine of between 50 and 500 times that amount.

Sole Subsection. (Amended by Law No. 6514 of Dec. 22, 1977) If a person is guilty of a
repetition of the offense, impedes or resists supervision or resorts to deceit or false pretense
with the object of evading the law, the fine shall be at the maximum rate.

Art. 202-223. Repealed by Act No. 6514 of Dec. 22, 1977.

TITLE III

SPECIAL RULES FOR THE PROTECTION OF LABOR

CHAPTER I

SPECIAL PROVISIONS RESPECTING HOURS OF WORK AND CONDITIONS OF
EMPLOYMENT

Division I

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Bank Employees

Art. 224. (Amended by Law No. 7430 of Dec. 17, 1985) The normal hours of work of employees
in banks, banking establishments and the Federal Economic Fund (Caixa Economica Federal)
shall be six continuous hours each working day, excepting Saturday, arriving at a total of 30
working hours a week.

(1) (Amended by DL No. 229 of Feb. 28, 1967) The normal hours of work
established in this article shall be between 7 and 22 o’clock, the employee
being assured an interval of 15 minutes for eating, within the daily hours.

(2) (Amended by DL No. 754 of Aug. 11, 1969) The provisions of this article
shall not be applied to those who carry out duties of direction, management,
audit, leadership and equivalent duties, or who perform other duties of
confidence, provided that the amount of the bonus is not less than one-third of
the effective salary.

Art. 225. The normal hours of work of bank employees may be increased to eight hours a day
by way of exception, but shall not exceed 40 hours a week, subject to compliance with the
general regulations respecting hours of work.

Art. 226. (Amended by Law No. 3488 of Dec. 12, 1958) The special system of 6 hours of work
shall also apply to persons employed in messenger and cleaning services, such as porters,
telephone operators, messengers and office boys, employed in banks and banking
establishments.

Sole Paragraph. (Amended by Law No. 3488 of Dec. 12, 1958) The board of directors of each
bank shall organize the service scale of the establishment in such a manner as to have persons
employed in messenger duties working one-half hour before and up to one-half hour after
closing, respecting the limit of 6 hours a day.

Division II

Employees in the Telephone, Submarine and Subfluvial Cable, Wireless Telegraph and
Wireless Telephone Services

Art. 227. The hours of work of employees in undertakings operating telephone, submarine or
subfluvial cable, wireless telegraph and wireless telephone services shall not exceed six hours
in the day or 36 hours in the week.

(1) If, in case of urgent necessity, the employees are required to remain on duty
beyond the normal hours fixed in this article, the undertaking shall pay them for
such overtime at the ordinary rate of pay increased by 50%.

(2) Work on Sundays, public holidays and patron saints' days shall be deemed
to be overtime, and the performance thereof and the remuneration therefor
shall be governed by a collective contract of employment concluded between
the employers and employees in agreement with their respective industrial
associations.

Art. 228. Operators shall not work without a break either in the case of manual transmission or
in the case of visual or sound reception, whether the message is written by hand or typewritten,
if the speed exceeds 25 words a minute.

Art. 229. In the case of employees who are employed with a variable timetable, the hours of
work shall not exceed seven hours in the day with a rest period of 17 hours; a break of 20
minutes shall be included in the hours of work of every employee who is employed without
interruption for more than three hours.

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Brazil's 1943 Labor Law Consolidation

Brazil's 1943 Labor Law Consolidation

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