When a foreign worker provides services in Brazil the laws governing the contract are the laws of the country of origin or the laws of Brazil? This special article is about the foreign employment in Brazil and principles adopted by the Brazilian Labor Court on the demands arising from those relationships.
"The TST (Brazilian Supreme Labor Court) formally adopted the principle of "lex loci executionis" to regulate the labor relationships in Brazil."
The summary embraced the principle of "lex loci executionis" claiming to be the legal relationship governed by the labor laws of the country where the services are effectively render and not the country of the worker´s previous hiring.
However inversely to this principle the Law No. 7.064/1982 allow a different rule for Brazilians working abroad.
Such law (previously limited to Brazilian employees of engineering companies working abroad), enable the Brazilian companies rendering service in another country to choose to enforce the labor legislation with more beneficial standards, as taxation, vacation periods, etc.
The legislature that came through the Law No. 11.962/2009 changed the wording of Article 1 of Law No. 7.064/82, extending such rights to be enforced over all workers employed in Brazil and transferred by their employers to provide services abroad.
Expert in International Law, Civil, Commercial Planning and Labor Law, Mauricio Ejchel holds a Bachelor of Law Degree from the Pontifical Catholic University of the State of São Paulo in 1994 and is partner at the law firm MF Ejchel Advocacy. As a consultant lawyer provides legal consultancy to domestic and foreign companies, and is also an experienced litigation attorney pleading before the Brazilian Courts in a considerable number of lawsuits and providing services in a wide ranges of location thru partner offices in several regions in Brazil and abroad.