October 29, 2012

The Delegacia Regional do Trabalho (DRT) in the City of São Paulo has advised that it is in the midst of updating its IT infrastructure and practices. At this time, and until further notice, the DRT in São Paulo will reduce the number of appointments it will grant to foreign visa holders requiring a Carteira de Trabalho e Previdência Social (CTPS).

What Is the CTPS? 

In order to meet Brazilian labor law requirements, foreign nationals who obtain certain work visas (e.g., a Normative Resolution #80 Visa, or a “labor agreement” visa) are required to also obtain a CTPS, known as a “Labor and Social Security Book”.

The DRT’s are either located in regional capital cities or have their own offices in the larger metropolitan areas of Brazil, such as São Paulo.

When a foreign national commences employment in Brazil, amends conditions of employment or changes jobs to a new Brazilian employer, the CTPS is required to denote the current Brazilian sponsoring company and the conditions of the foreign worker’s employment to ensure both the company and the foreign worker are in compliance with Brazilian labor regulations.

What’s Changed?

The São Paulo DRT has issued a notice that they’ve drastically reduced the number of expats that they will attend on a daily basis due to the IT upgrade. While there are no official guidelines as to how long it will take to receive an appointment, we understand that the DRT’s are now booking CTPS appointments for as late as December 2012.

At this time, there are no timing estimates and/or date as to when the DRT’s will return to their regular processing of CTPS applications.

ACTION ITEMS FOR EMPLOYERS 

At present, those foreign workers who are awaiting their CTPS registration appointments, or about to make an appointment, with the São Paulo DRT should work with their Brazilian immigration supplier to confirm if existing appointment dates will be honored or if rescheduling of appointments will be required.

Technically, foreign workers requiring a CTPS should have a valid document at the time of commencing employment with a Brazilian sponsor. Given the uncertainty of when the DRT will resume normal processing of CTPS’s, PLG has sought an alternative solution and we may be able to file client’s CTPS at a DRT facility nearby Sao Paulo, São Bernardo do Campo (SBC), approximately one hour from central São Paulo.

The DRT in SBC is currently booking CTPS appointments within two to three weeks in advance and PLG may be able to seek an appointment at the SBC location within this timeframe.

Please do not hesitate to contact the Global Immigration Specialist with whom you are working at PLG to review the options available.

Caveat Lector | Warning to Reader

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Glenn Faulk, Senior Manager, Knowledge Management.