Unpaid Overtime: How to Collect From Your Employer in 2026

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Many Brazilian workers find themselves putting in overtime without being paid for the extra time.

What overtime is and when it is owed

The standard workday in Brazil is 8 hours per day and 44 hours per week, as set by labor law. Any time worked beyond that limit counts as overtime and must be paid at a premium of at least 50% over the regular hourly rate. On Sundays and holidays, the premium rises to 100%, unless a collective bargaining agreement for the worker’s trade provides something more favorable.

It is important to note that the duty to pay overtime exists whether or not the employee and employer have agreed to it in advance. If a worker remains at the company’s disposal beyond contractual hours, the right to additional pay arises. Some professions have special workdays set by law or by collective agreements, which can change the point at which overtime starts to count.

Common situations involving unpaid overtime

There are many ways in which companies fail to pay their employees’ overtime correctly. One of the most frequent is the absence of a time-clock record, when the employer asks the worker not to log the actual time of departure. Another irregular practice is “off-the-books” payment, in which overtime is paid informally, with no effect on the payroll or on labor-related charges.

For more information, see also our firm’s article on Overtime: How to Calculate It and When It Is Owed in 2026.

The standard workday in Brazil is 8 hours per day and 44 hours per week, as set by labor law.

Work performed during the lunch break also counts as overtime when the employer eliminates or shortens that rest period without legal authorization. In addition, time spent answering messages and e-mails or doing tasks remotely outside working hours may be treated as time at the employer’s disposal, which gives rise to a right to overtime pay. Improper use of a time bank (banco de horas, a system of compensatory time off in place of overtime pay), whether without a valid collective agreement or without respecting the legal deadlines for compensation, is another situation that can result in overtime being owed.

How to gather evidence for your claim

Proving unpaid overtime is one of the most important factors in the success of any labor claim. Time records, whether electronic, manual, or digital, are the primary evidence. When the company does not provide these records or tampers with them, the law shifts the burden of proof, and it falls to the employer to show that the overtime was not worked.

Besides formal time records, other kinds of evidence can be used. App messages, e-mails sent outside working hours, logs of access to the company’s systems, and testimony from coworkers are all valid. Pay receipts, pay stubs, and bank statements can also help show any difference between the hours actually worked and the hours officially recorded. Keeping these documents organized makes it easier for a labor lawyer to analyze your case.

Legal deadlines for claiming overtime

Workers need to watch the legal deadlines so they do not lose the right to collect the overtime they are owed. Under current law, the limitation period for filing a labor lawsuit is up to 2 years after the employment contract ends. Within that lawsuit, you can claim amounts from the last 5 years, counted back from the date the suit is filed.

This means that if a worker lets more than two years pass after the contract is terminated, the right to sue is lost entirely. For that reason, workers should seek legal advice as soon as possible after discovering that overtime has gone unpaid. The sooner action is taken, the longer the period of overtime you can claim.

Ways to collect unpaid overtime

The recommended first step is to try an out-of-court solution by approaching the company’s human resources department or the union for your trade. Often, a formal notice can resolve the matter without a lawsuit. The union can mediate negotiations and can even file a class action when the violation affects many workers.

If the out-of-court route does not work, the next step is a labor claim (reclamação trabalhista) before the Labor Courts. In that action, the worker can seek payment of the overtime along with all the legal knock-on effects, including vacation pay, the thirteenth-month salary, FGTS (Brazil’s Severance Indemnity Fund), and notice pay. Before the hearing, the court makes a mandatory attempt at conciliation between the parties. If there is no agreement, the case proceeds to trial. It is essential to have the help of a lawyer who specializes in Labor Law to handle the case properly.

Frequently Asked Questions

Who is entitled to overtime pay?

If a worker remains at the company’s disposal beyond contractual hours, the right to additional pay arises. Time records, messages sent outside working hours, and statements from coworkers are valid as evidence.

How do I prove my right to unpaid overtime?

Keeping these documents organized makes it easier for a labor lawyer to analyze your case. It is important to consult a specialized lawyer to assess the particulars of your case and to protect the insured person’s social security rights.

What is the deadline for claiming overtime?

The limitation period for filing a labor lawsuit is up to 2 years after the contract ends. Within that lawsuit, you can claim amounts from the last 5 years, counted back from the date the suit is filed.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.