The workplace has changed, but the rules governing working hours still apply.
By Julhi Bonespírito
Legale Overseas, no. 979.
In January 2026, the 3rd Panel of the Regional Labor Court of the 18th Region (TRT-GO), in Brazil, upheld a company’s conviction to pay overtime to an employee working under a home office regime, recognizing the possibility of monitoring working hours through corporate systems and the requirement to remain online.
The Court held that telework, in itself, does not exclude the right to overtime pay under brazilian labor law. For this to apply, it is sufficient that there are indicators capable of supervising the time devoted to work activities, even if such monitoring occurs indirectly, through technological tools and the dynamics of the employee’s routine.
In this context, remote work is characterized by the performance of activities outside the company’s premises, using digital tools such as computers, internet access, and corporate systems. It is not necessary for the professional to work exclusively from home; frequent attendance at the office does not, by itself, negate this arrangement. The key factor lies in how tasks are assigned and supervised on a daily basis.
Although brazilian legislation allows, in certain situations, for employees not to be subject to time control—especially when work is based on deliveries or results without defined shifts—this does not mean that remote work is automatically exempt from rules on working hours.
Many companies use tools that enable monitoring of employees’ routines, even indirectly. System access logs, shared calendars, meetings scheduled at fixed times, and goals with strict deadlines are examples of elements that may indicate oversight of time spent on work activities.
Another relevant aspect is the expectation of constant availability. Situations in which the employee is required to respond to messages, handle demands, or attend meetings outside agreed working hours may be considered time at the employer’s disposal. In such cases, what prevails is not the contractual clause, but the actual working conditions experienced in practice.
Courts have also rejected the argument that the absence of formal time tracking, by the company’s own choice, is enough to exclude overtime pay. With the technological resources currently available, the analysis has focused less on the tools adopted and more on the reality of the services provided.
Home office does not only change the place of work—it requires a new approach to managing time and communication. Human resources departments and leadership play a central role in defining routines aligned with remote work dynamics and in preventing risks related to working hours.
Vaz de Almeida Advogados monitors the evolution of discussions on working hours in remote work in Brazil, analyzing labor court decisions and their impact on corporate management.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
—
Follow us on LinkedIn >
People & Community >
Meet Our Leaders >
Awards, Seals, and Recognitions >
News: Quality Content on Our Portal >
—
Tax Law >
Corporate Law >
Automotive Sector Relations >
Conflict Prevention and Resolution >
Labor Relations, Global Mobility, and People Management >
Intellectual Property >
ESG, Environmental, and Sustainability >
Innovation, Digital Law, and Cybersecurity >
Infrastructure, Real Estate, and Construction Law >
Administrative, Public, and Regulatory Law >
—
Our publications aim to communicate the legal perspective on relevant developments and provide context to the most significant legal events that may affect companies and organizations. Specific cases require personalized technical attention to the facts and should seek customized legal advice before taking any legal or paralegal action. If you, your company, or your board of directors need counsel, contact a trusted attorney.
«Legale», «Legale Overseas», «Articles», «Especial», «Tax Panel», «Tax Alert», «Projects» e «News & Alerts» are periodic publications intended as a service to the business community. These materials may include links to third-party websites to facilitate access to referenced services and publications. However, we are not responsible for the integrity of third-party links, which may encounter issues such as server failures, network security vulnerabilities, or other accessibility problems.
