Brazil has a law that regulates the number of foreign employees a company can have. This number depends on how many Brazilians are working in the same company. Find in this article how this law works.
It is no news that even though Brazil is known for being receptive to foreigners, it can be very protectionist, especially when it comes to business, as there are several regulations and taxation barriers protecting Brazilian companies.
This same protectionist behavior is also extended to the hiring of foreign professionals, even when the country lives a clear professional shortage in some areas like IT and engineering.
Having a foreigner working in a Brazilian enterprise requires many special measures, including a limitation of non-native workers according to the number of Brazilians working in that particular company. Even though it may sound obvious, it is important to say that a foreign hired by a Brazilian company will have the contract regulated under the Brazilian law.
Foreigner in Brazil ?
If you are going to be hired by a Brazilian company, congratulations! Be aware that the Brazilian company had to prove to the federal government that hiring you was really necessary and essential to the company development.
Supported by the CLT's law, the foreigner must have the work and social security book regulated by the company, just like Brazilian employees. In many cases bringing a foreigner to the country costs more than hiring a native.
An important point is that if the company planing to hire a foreigner has a Brazilian occupying the same position , the non-native can not receive a higher salary than the native worker. Also, the limitation of two Brazilians for each foreigner can not be forgotten, as it represents a measure to protect Brazilians and their jobs.
Researches made in 2012 throughout the world show that 38% of the natives do not like foreign people working in their countries. In Brazil, this feeling is caused by the competition generated by the foreign and the local workers.
From an initial point of view, we could say that foreigners can improve the Brazilian professional qualification; but on the other hand, the same foreigner that can contribute to the country's improvement, ends up competing with the local work force.
Are there any exceptions?
Anyone who has not been born in Brazil is considered a foreigner in the country. To get a job in Brazil, foreigners must present their foreigner ID (RNE) and their visa to prove that their permanence in the country is legal.
There is an exception for hiring foreigners coming from border countries to work in cities close to their country. These foreigners do not need to present work and social security book, once they only need a work authorization from the federal police. If these border foreigners plan to move to a Brazilian city, far from their countries, then they will be required required to work under CLT regime.
According to the government website, there are no more articles in the Brazilian constitution that regulates the foreign workforce in the country, once nowadays it is regulated by the the articles 352 to 371, included on the CLT.