Practice area

Labor Law for Employees

Severance pay, overtime, unregistered work, constructive dismissal, accidents and job security.

Legal basisFederal Constitution, art. 7 · CLT – Consolidation of Labor Laws (Decree-Law 5,452/1943) · Precedents (Súmulas) of the TST

Anyone who worked without receiving what was owed has short deadlines to act. As a rule, the claim must be filed within two years after the end of the contract, and it only reaches the five years before filing. Organizing the documents and seeking guidance early makes a difference.

I serve urban and rural workers, carefully analyzing whether there are rights to claim and what evidence is available before any lawsuit.

Common situations

  • Severance pay and termination entitlements unpaid or paid late
  • Overtime, breaks and night work
  • Work without a registered employment record
  • Constructive dismissal (rescisão indireta) due to the employer’s serious misconduct
  • Dismissal for cause applied without sufficient grounds
  • Workplace bullying and harassment
  • Workplace accidents and occupational diseases
  • Job security for pregnant workers and injured workers
  • Hazardous and unhealthy working conditions allowances
  • Hiring as a contractor or freelancer with the characteristics of employment

How I can help

  • Review of documents and a preliminary calculation
  • Labor claims
  • Out-of-court settlements with court approval
  • Attendance at hearings and expert examinations

Useful documents for the first conversation

You do not need to have everything at hand to get in touch. These documents make the review faster and more precise:

  • Employment record book (carteira de trabalho), paper or digital
  • Payslips and FGTS (severance fund) statement
  • Termination document, if any
  • Messages, schedules and other records of working hours
  • Names of possible witnesses

Articles on this topic

Frequently asked questions

What is the deadline to file a labor lawsuit?

Up to two years after the end of the contract, claiming the credits from the five years before the filing date (art. 7, XXIX, of the Constitution). The article on labor deadlines explains how the count works, with examples.

Read the full article

Can I file a lawsuit while I still work at the company?

Yes. The lawsuit can be filed during the contract. In serious situations, the CLT also provides for constructive dismissal, in which the worker ends the contract because of the employer’s misconduct (art. 483).

Without witnesses, can I prove overtime?

It depends on the case. Companies with more than 20 employees must keep time records (art. 74, § 2, of the CLT), and the unjustified lack of these records may favor the working hours reported by the worker (TST Precedent (Súmula) 338). Messages, emails and system records can also serve as evidence.

The answers above are general and informational. The solution for each case depends on the facts, the documents and the rules in force on the date of the review.

Not sure whether your case calls for a consultation?

Describe the situation in a few lines. Based on your summary, I carry out a preliminary review and reply through the channel you prefer.