terça-feira, 3 de setembro de 2013
Foreign worker has the same rights as the Brazilian
The goal is to use the coming of the foreign worker as a transfer of knowledge and technology. Would it simple , except for the fact that HR departments of Brazilian employers find themselves facing a legal tangle formed by rules of the ministries of Foreign Affairs and Labour , and the legislation of the country of origin of the professional.
" The first question for most companies is ' how to treat these workers ' . The starting point is to know that they must also be attendant to Brazilian workers , with all rights , even when the salary is paid at the same time , in Brazil and abroad , "says Thais Rooster , a partner in the area of Labor and Immigration of Pinheiro Neto Advogados .
All benefits are subject to the Brazilians should also extend to the immigrant , as FGTS , which can be drawn after the end of the employment contract in Brazil . " Any amount paid here and in the country of origin must reflect the calculations of the charges ," he points out.
She explains that the ideal is to explain all the rights and obligations in a letter directed to the worker , so that there is conflicting information , the end of the contract , when he will be repatriated . The same should be done for Brazilians sent abroad .
Foreigners allowed to operate in the country can fit into three types of visas , depending on how long you intend to stay and the type of activity to be developed : temporary work; technical visa , and permanent .
According to Gabriela Arantes , senior lawyer in the area of Immigration and Labour office Tozzini Freire Advogados , the first intended to contracts of up to two years.
The resolution rules that specifically targets this type of contract has recently changed . As of last May , the foreign professional has 30 days to start working , when it comes to Brazil .
" Before , labor legislation did not talk to immigration . The company had to register the worker so that he got , but if the landing does not coincide with a day , the employer had problems , for example, to register it with the PIS , "says Gabriela .
The technical visa is shorter , but also carries obligations . Technical , is given to workers who come to transfer knowledge to Brazilians . " Even though he still bound to the company abroad , if staying for more than 180 days here , already have to pay income tax ," said the lawyer.
Already a permanent visa is for foreigners who come as administrators . If , by chance, is the professional work in more of a company of the same group should be asked in advance to permit coexistence .
The deadline for the Brazilian government to grant visas to foreigners is one of the lowest in the world , says Marta Mitico Valente , a partner of the BR - Visa ImmigrationSolutions , who moderated one of the panels of the seminar . " But it's important to tell the employee about possible risks of waiting for dependent visas , depending on the flow of the consulates which have filed " alert.
One of the practical issues that should be explicit to the immigrant worker is the wage composition . In Brazil , foreign executives can not earn more than the Brazilians , for example. Immigrants also should not exceed one third of the workforce of the organization .
Carolina Davies , a partner in the area of Labor and Social Security Machado, Meyer , Sendacz , opice warns that there are cases where the foreigner that comes as an employee of an overseas company may go on to receive more than his boss, the country of origin . This possibility occurs because the wage increase , in Brazil , following disagreements , and substantive issues that prevail in countries like the United States , for example.
" The solution here is to establish a ceiling : salaries above a specific value have a certain increase. This is a way out, even to maintain wage parity with Brazilian professionals , also mandatory , " he explains.
Rules to permit foreigners have changed in recent years , to simplify the process , says Aldo Cândido Costa Filho , general coordinator of Immigration CNIg ( National Immigration Council ), an agency of the Ministry of Labour and Employment ( MTE ) .
Besides the normative resolution 104 , published in May this year , he cites the 98 , which regulates the coming of foreigners to work specifically in the events of FIFA and the IOC ( International Olympic Committee ) as the Confederations Cup, World Cup , Olympics and Paralympics . " If the process is duly completed in five days setting out " comments .
According to Aldo , the ministry is working on new simplifications , as a process by which digital certificate is installed . " The trend is to reduce bureaucracy ," he says.
Source : American Chamber of Commerce