Employment Lawyer

Specialist Employment Law Practice

Unpaid entitlements, unrecorded overtime, a dismissal you believe was unjustified, or work-related illness. We review your case, your documents and the available evidence to identify the rights involved and the legal routes open to you.

  • Individual review of the case, the documents and the evidence available.
  • Guidance on the rights at stake and on the deadlines that are running.
  • Handling the employment claim and the negotiations, where that is the right course.
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Situations that lead a worker to seek a lawyer

Unregistered work or disguised self-employment

You worked without being formally registered, or as a contractor in what was really an employment routine, with set hours, subordination and exclusivity. There are grounds to seek recognition of the relationship and the entitlements for that period.

Unpaid overtime

Hours worked beyond the contract, breaks not taken, an irregular hour bank or unpaid on-call time. Those hours feed through into holiday pay, the 13th salary, severance fund deposits and notice pay.

Dismissal during pregnancy or after the birth

A pregnant employee has job security from confirmation of the pregnancy until five months after the birth. If dismissed within that period, the law provides for reinstatement or compensation for the remaining time.

Hazard, danger and night-shift premiums

Exposure to harmful agents, hazardous work or night shifts without the corresponding premium. Establishing this usually depends on a technical examination.

A dismissal for cause you believe was unjustified

Dismissal for cause requires serious misconduct, proportionality and proof, all on the employer. Where those requirements do not hold up, it is possible to seek reversal and severance pay.

Unpaid severance entitlements

Outstanding salary, notice pay, holiday plus the statutory third, pro-rata 13th salary, severance fund deposits and the 40% penalty. Late payment carries its own penalty under the labour code.

Constructive dismissal

Where it is the employer who breaches the contract, the worker can ask the court to terminate it and receive the same entitlements as on dismissal without cause.

Working outside your role and taking on extra duties

Doing work other than what is recorded, or combining the duties of more than one role without extra pay, can give rise to pay differences and equal pay claims.

Severance fund deposits not made

Severance fund deposits missing, late or short over the course of the contract. The differences can be claimed, along with the termination penalty calculated on the correct amount.

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Specialist legal practice

Specialist Legal Practice

Eduarda Schierholt

Eduarda Schierholt

Employment Law | OAB/RS 133.524

Eduarda Schierholt leads Doering & Darcie's employment practice, supporting workers in disputes over entitlements, working hours, termination, work-related illness and harassment.

The engagement begins with a reading of what happened and of what documentation exists. From there it is possible to say frankly which claims will stand up and which will not, before any decision about filing.

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When work affects your health or your dignity

Accident at work

Occurring at the workplace or in the course of the work. The company has a duty to issue the CAT, and leave due to an accident gives rise to twelve months of job security on return.

Commuting accident

Occurring on the journey between home and work. It must also be reported and can give rise to a social security benefit and compensation.

Occupational illness

Illness caused or aggravated by the work, from repetitive strain injury to mental health conditions. It requires a technical link between the illness and the work, established by expert examination.

Bullying and sexual harassment

Public humiliation, unattainable targets used as pressure, sexual innuendo, unwanted touching or threats. There are grounds for compensation for moral damages.

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How an employment claim works

Case analysis

A reading of the contract, the payslips, the time records, the messages and whatever else exists. This is where it is decided which claims will stand up.

Gathering the evidence

Documents, witnesses and your own records. What is not documented can be shown by other means, and it is worth gathering before filing.

Guidance on deadlines

Once the contract ends there are two years to file, and the claim reaches back five years. Missing that deadline extinguishes the right to claim.

Filing

The initial pleading sets out the claims and the amounts. What is not claimed at that stage rarely gets in later.

Hearings

The first attempt at settlement, the evidentiary stage with statements and witnesses and, where the case calls for it, the technical examination on hazardous conditions or health.

Settlement or judgment

A settlement can end it sooner, with a set amount and timeline. Without one, the judge decides and an appeal is still possible.

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Frequently Asked Questions

I worked without being formally registered. Can I still claim my rights?
Yes. The absence of registration does not rule out an employment relationship: what matters is how the relationship actually worked, with personal service, regularity, subordination and payment. Once the relationship is recognised, the entitlements for the whole period are in play, including severance fund deposits, holiday pay and the 13th salary.
I was dismissed for cause. Can that be reversed?
Dismissal for cause is the harshest sanction in an employment contract and requires serious misconduct, proportionality, immediacy and proof, all of which fall on the employer. Where any of those requirements does not hold up, it is possible to seek reversal in court and payment of the entitlements due on dismissal without cause.
How long do I have to bring an employment claim?
Once the contract ends, there are two years to file. The claim reaches back five years from the filing date, meaning anything older than that can no longer be claimed. Timing therefore directly shapes what is still open to argument.
Do I need evidence? How do I prove overtime or harassment?
Documents help, but they are not the only means. Time records, payslips, rosters, messages, emails and witnesses usually make up the picture. In harassment cases, medical or psychological records are also taken into account. The initial review shows what already exists and what is still worth gathering.
I am still working at the company. Can I bring a claim?
You can. An ongoing contract is no bar to the claim, and dismissal motivated by the filing is unlawful. Even so, it is a decision with practical consequences for daily working life, and it is worth talking those through first.
Do I need to come to the office in person?

No. The service can be provided entirely remotely, allowing the documents to be reviewed and the case followed with security, speed and discretion.

If you prefer to meet in person, Doering Darcie Advocacia e Consultoria has offices in Porto Alegre and São Paulo for meetings by prior appointment.

The Doering & Darcie team

Doering & Darcie

A modern practice built on four decades of tradition.

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