Can a US company hire a contractor in Brazil?

Yes, and many do. Brazil is the country where it is most worth taking local advice first, because employment obligations there are heavier than elsewhere in the region and the cost of a reclassification is larger.

What makes someone an employee under Brazilian law?

Article 3 of the Consolidation of Labor Laws points to four things together: the work is performed personally, it is non-eventual rather than occasional, it is done under the employer's dependence, and it is paid. The contract wording does not override those facts.

Do people in Brazil speak English?

Many professionals do, particularly in technology, and levels vary more than in Spanish-speaking markets. Put the English requirement in the brief and expect it to be screened on a live call rather than from a resume.

What is the 13th salary in Brazil?

A December salary bonus required by Lei 4.090 of 1962, worth one twelfth of December pay per month worked that year, with any fraction of 15 days or more counting as a full month. It is an employee entitlement.

How to Hire Remote Workers in Brazil

Brazil has the largest talent pool in Latin America and sits one to two hours ahead of United States Eastern time, so the working day overlaps almost completely.

It also has the region's most established labor code, and that code decides who is an employee from the shape of the relationship rather than from the agreement. Portuguese is the working language, which matters for how you brief a search.

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Working hours

Most of Brazil's population, including Sao Paulo and Rio de Janeiro, runs one to two hours ahead of United States Eastern time depending on the season. A local 10am is your 8am or 9am.

What Brazilian law counts as employment

Article 3 of the Consolidation of Labor Laws defines an employee as a natural person who provides services of a non-eventual nature to an employer, under that employer's dependence, and for a salary.

Four elements sit inside that sentence: the work is done personally, it is regular rather than occasional, it is done under direction, and it is paid. Where all four are present, Brazilian law sees employment.

The same article adds that no distinction is made between intellectual, technical and manual work, so a senior engineer and an administrative assistant are assessed the same way.

What an employer carries in Brazil

Thirteenth salary
Lei 4.090 of 1962 requires a salary bonus paid in December, calculated as one twelfth of December remuneration per month of service. A fraction of 15 days or more counts as a full month.
The wider package
Employment in Brazil carries a broader set of obligations than elsewhere in the region, including the severance fund, paid vacation with a bonus, and social contributions. Local advice is worth paying for before you set anything up.

These apply to employees. Whether they apply to your hire is exactly the classification question above, which is covered in full in contractor vs employee in Latin America. This is general information, not legal advice.

What to watch

Brazil has not moved toward contractor arrangements the way Argentina has. The test in article 3 stands as it has for decades, and courts read the facts of the relationship.

Because employment obligations there are heavier than in neighbouring countries, the cost of getting classification wrong in Brazil is correspondingly larger.

Hiring there in practice

Portuguese first, English varies
Brazil is not a Spanish-speaking market. English levels among professionals are strong in tech and weaker in general administrative roles, so screen for it explicitly rather than assuming.
The deepest technical pool in the region
If a search elsewhere in Latin America is coming up short on a specialised engineering skill, Brazil is usually where it turns up.
Pay is set by role, not by country
Our ranges are the same in Sao Paulo as in Bogota. Seniority and specialization set the number.

How we engage someone in Brazil

You sign one Master Services Agreement with Remote Hero. We engage and pay the professional, and they work directly with your team, month to month. They stay a contractor through us rather than becoming an employee of an employer of record, and that structure is the same in every country we place from. If you would rather employ someone yourself from the start we place on that basis too, and if a contractor placement is working we can sell you the contract out so they join your payroll.

Plan for a two-week ramp once they start, and own that part: training, context, clear expectations and access to your systems. We stay involved afterwards, so if something goes wrong on either side we mediate rather than leaving you to it.

See the full process

Questions about hiring in Brazil

Can a US company hire a contractor in Brazil?: Yes, and many do. Brazil is the country where it is most worth taking local advice first, because employment obligations there are heavier than elsewhere in the region and the cost of a reclassification is larger.
What makes someone an employee under Brazilian law?: Article 3 of the Consolidation of Labor Laws points to four things together: the work is performed personally, it is non-eventual rather than occasional, it is done under the employer's dependence, and it is paid. The contract wording does not override those facts.
Do people in Brazil speak English?: Many professionals do, particularly in technology, and levels vary more than in Spanish-speaking markets. Put the English requirement in the brief and expect it to be screened on a live call rather than from a resume.
What is the 13th salary in Brazil?: A December salary bonus required by Lei 4.090 of 1962, worth one twelfth of December pay per month worked that year, with any fraction of 15 days or more counting as a full month. It is an employee entitlement.

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