File a labour claim in Brazil
Brazil's specialist labour courts hear employment claims with a mandatory conciliation hearing and, for lower-value claims, a simplified procedure.
- Timeline
- 8-18 months at first instance
- Cost
- No fee for claimants earning below the threshold; lawyer required except in the simplified track
- Steps
- 7 stages
Deadline — read this first
Two years from the end of employment, covering claims for the preceding five years.
Who can file
Any current or former employee, including workers seeking recognition of an employment relationship.
Step by step
- 1
Compile the employment record
Gather the CTPS work card, payslips, timesheets, FGTS statements and termination paperwork.
- 2
Choose the track
Claims up to 40 minimum wages may use the rito sumarÃssimo, which is faster and allows self-representation up to a limit.
- 3
File the reclamação trabalhista
Submit through the PJe electronic system to the Vara do Trabalho covering the place of work.
- 4
Attend the conciliation hearing
Attendance is compulsory; failure to appear can lead to dismissal of the claim or a default judgment.
- 5
Present evidence at the instruction hearing
Witness evidence is central in Brazilian labour cases, especially on overtime and working conditions.
- 6
Receive the sentença
The judge rules on each head of claim, with interest and monetary correction applied.
- 7
Appeal if needed
Recurso ordinário to the Tribunal Regional do Trabalho within eight days; a deposit is required from employers.
Documents you must produce
- CTPS (work card) or digital equivalent
- Payslips and FGTS statements
- Termination documents (TRCT)
- Timesheets or overtime evidence
- Witness list
Common mistakes that sink cases
- Missing the two-year window after termination, which extinguishes the claim entirely.
- Failing to attend the conciliation hearing in person or by authorised representative.
- Overstating overtime without corroborating witnesses, which damages credibility on all heads.
Found something out of date on File a labour claim in Brazil?
Corrections are reviewed against the primary source before anything changes.