A new requirement under the Brazilian Labor Code (CLT) makes detailed formalization of the hybrid work regime mandatory, including work hours, expense reimbursement, and time tracking.
By Graziela Barreto
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Legale Overseas, no. 946.
July 2025 marked significant changes in the Brazilian Labor Code (CLT), especially regarding the formalization of hybrid work contracts. From now on, it is essential that this increasingly common work model in corporate environments be properly regulated in writing, with clear and comprehensive clauses.
What is the hybrid work regime?
Hybrid work is characterized by alternating between activities performed on-site and remotely. Since Law No. 14,442 of 2022, this model is classified as a form of telework, requiring specific contractual formalization, especially due to increased labor inspections.
What does the new regulation require?
With the recent amendments to the CLT, hybrid work contracts must now mandatorily include:
- Specification of on-site and remote workdays;
- Definition of working hours and time tracking methods, including remote days;
- Clauses regarding provision of equipment and reimbursement of expenses such as internet and electricity;
- Criteria for changing the work regime, if necessary, including notice periods and limits.
These requirements provide legal security for both the company and the employee, preventing misunderstandings and labor liabilities.
Is time tracking still mandatory?
Yes. Even in a hybrid regime, time tracking is mandatory when the employee works under fixed schedules. This applies to both on-site and remote days. Companies should use compatible tracking systems, such as apps or digital platforms.
The only exception remains for output-based or task-based contracts where no time tracking is required, provided this is expressly stated in the contract.
Why is formalization essential?
Although these rules have been in place since Law No. 14,442/2022, labor inspections have become stricter from July 2025 regarding the formalization of hybrid work. Incomplete contracts may lead to fines, lawsuits, and disputes over overtime, additional payments, or expense reimbursements.
Furthermore, the absence of specific clauses about the work regime can be interpreted as contractual deviation, leading to legal insecurity and potential litigation.
How can your company comply?
Companies using the hybrid model are advised to:
- Review existing employment contracts and update them to meet new requirements;
- Standardize contract templates or addendums with specialized legal support;
- Establish clear policies on expense reimbursement and equipment use;
- Implement appropriate time tracking systems for both remote and on-site work.
The hybrid work model is here to stay but demands careful attention to legal requirements. Proper formalization of hybrid work contracts under the updated CLT is essential to ensure compliance and legal security.
The Labor Law team at Vaz de Almeida Advogados is prepared to assist companies with contract reviews, drafting addendums, and implementing policies that comply with the new legislation.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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