Question

What is the status of employee benefits in Brazil?

a.Benefits that are not stated in collective bargaining agreements are subject to possible cancellation.
b.Only health care protection cannot be eliminated.
c.Any and all benefits habitually granted by the employer cannot be eliminated.
d.Employee benefits are not protected by Brazilian law.

Answer 1

Letter c is correct. Any and all benefits habitually granted by the employer cannot be eliminated.

Step-by-step explanation:

Employee-employer relations in Brazil are regulated by a set of labor laws that guarantee the protection of workers' rights, called Consolidation of Labor Laws. (CLL)

As regards the benefits granted by the employer to the employee, Article 468 of the CLL provides that:

"In individual employment contracts, only the alteration of the respective conditions by mutual consent is permissible, and even so long as no damages are directly or indirectly caused to the employee, under penalty of nullity of the clause that violates this guarantee."

Therefore no company can change the employment contract to remove any employee benefit.