Understanding the probation period under Brazilian employment legislation is essential for both new hires and human resources professionals. A contrato de experiência CLT is a specific type of trial contract regulated by the Brazilian Consolidation of Labor Laws, known as the Consolidação das Leis do Trabalho (CLT). It allows both the employer and the employee to evaluate mutual compatibility before committing to a permanent employment arrangement.
Under Brazilian labor framework guidelines, this provisional agreement is not an indefinite contract. It has a strict statutory limit under Article 445 of the CLT, which dictates that probation periods cannot exceed 90 days in total. Knowing how these durations work, how extensions function, and what termination rights apply protects professionals from sudden employment changes and ensures legal compliance for businesses.
Legal Limits and Maximum Duration
The primary misconception about provisional hiring is that employers can set arbitrary trial lengths. Brazilian federal regulations establish strict boundaries on how long these probationary periods can run.
The maximum aggregate limit for any single probationary agreement is 90 days. However, companies frequently structure these agreements with initial terms that are later renewed. Common initial durations include 30 days, 45 days, or 60 days, provided the total combined period does not surpass the 90-day statutory ceiling. As extensively documented in recent articles by Reuters, the results are widespread.
If an employee continues working past the 90-day mark without a formal conversion to an indefinite contract, the agreement automatically transforms into a standard permanent employment contract by operation of law.
Rules for Extending the Probationary Term
Extending a trial period requires explicit, written agreement from both parties. An employer cannot unilaterally decide to stretch a 30-day agreement to 90 days without updating the contract documentation.
Furthermore, extensions are subject to specific mathematical constraints:
- A contract initially set for 30 days can be extended once for up to another 60 days.
- A contract initially set for 45 days can be extended once for up to another 45 days.
- The total duration can never exceed 90 days within the same employment relationship for the same role.
If an employee is rehired by the same company for an identical position after a long hiatus, a new probation period is only permitted if the role's duties have changed significantly or if enough time has passed to justify a fresh evaluation.
Termination Rights and Severance Rules
The nature of dismissal during a provisional contract differs significantly from standard indefinite terminations. When either party decides to sever the working relationship during the trial window, financial calculations depend on whether the termination happens before or on the final expiration date.
Termination Before the Expiration Date
When an employer terminates the contract prematurely without just cause (sem justa causa), the worker is entitled to receive:
- Proportional salary for days worked in the current month.
- Accumulated proportional 13º salário (holiday bonus).
- Proportional vacation pay (férias proporcionais) plus the constitutional one-third bonus.
- Indemnification equal to 50% of the remaining salary the employee would have earned until the scheduled end of the contract, pursuant to Article 479 of the CLT.
If the employee chooses to resign before the contract concludes, they must compensate the employer for potential damages proven to arise from their early departure, up to the limit of what they would receive under Article 479, unless the resignation is due to specific legal exemptions like starting mandatory military service.
Termination at the Expiration Date
When the agreement naturally reaches its final day—whether at 30, 45, or 90 days—and either party decides not to transition to a permanent contract, the financial settlement is streamlined:
- No 50% indemnification fine is applied.
- The worker receives standard salary, proportional 13º salário, proportional vacation with one-third bonus, and access to the FGTS balance accumulated during the period, though without the 40% employer penalty applied in standard dismissals.
- Notice periods (aviso prévio) do not apply when the contract terminates precisely on its pre-agreed expiration date.
Common Mistakes to Avoid
Navigating trial agreements safely requires attention to procedural details. Both employers and workers frequently encounter avoidable missteps during this phase.
- Failing to sign a written amendment: Extending a trial period verbally carries zero legal weight. Without a signed addendum before the initial term expires, the contract converts automatically to permanent status.
- Ignoring role changes: Promoting an employee or drastically altering their responsibilities mid-probation can invalidate the original evaluation terms.
- Overlooking FGTS deposits: Employers must deposit the Guarantee Fund for Length of Service (FGTS) monthly during the probationary period, exactly as they would for permanent staff.
Frequently Asked Questions
Can a contrato de experiência CLT be used for any position?
Yes, companies can apply this format to virtually any professional role, from entry-level administrative positions to specialized technical jobs, provided it is the worker's first time holding that specific role at the company.
Does the employee have the right to unemployment insurance if terminated during probation?
Workers terminated without just cause at the exact expiration date of a trial contract do not qualify for government unemployment insurance (seguro-desemprego), because the contract reached its natural pre-agreed conclusion.
Can a pregnant worker be terminated during a probation period?
According to Brazilian Supreme Federal Court jurisprudence, pregnant employees enjoy job stability (estabilidade provisória) from conception until five months post-birth, even during trial contracts. Terminating a pregnant worker during a probation period can lead to mandatory reinstatement or financial indemnification.
Is a medical examination mandatory before signing?
Yes, Brazilian labor regulations require an admission health check (exame médico admissional) prior to the employee starting any work under a provisional or permanent contract.
