How does the repatriation of migrants in Brazil work? Find out now!

A large number of migrants enter Brazil to work. Labor immigration is an enriching process for employees and employers, but the end of the employment relationship usually generates some uncertainty about the migrant’s return to their country.

This return of the person to their place of origin is called repatriation. It is a process of strategic importance for organizations, which requires overcoming some challenges at the end of the employment relationship — especially when the contract is terminated early.

To learn more about this process and find out what procedures should be carried out at the end of the contract, read on!

How does the repatriation process work?

Migrants who entered Brazil through the work authorization process are repatriated when they end their employment relationship due to term or early termination or resignation. Thus, at the end of the employment contract in the country, they will return to their home.

Is it necessary to communicate to government agencies? 

Authorization to hire migrants must be obtained from the Ministry of Economy, Ministry of Justice, and the Federal Police. Changes to the employment contract must be formally and immediately communicated to the Ministry of Justice – which, in turn, will inform the Federal Police for the purpose of updating the record. In addition, the resident, even temporary, must deliver the Departure Communication to the Federal Revenue.

How is the migrant registration in Brazil?

When entering the country, the migrant with a residence permit must complete the National Migration Registry (RNM). This alphanumeric number is generated for identification through your personal information and fingerprints, along with the National Migration Registry Card (CRNM). This is the physical identification document of migrants registered in Brazil, issued by the Federal Police and valid throughout the national territory.

The former Foreigner Statute provided for the cancellation of registration in the event of a change in the type of visa. However, the legislation was repealed and replaced by the Migration Law, which does not provide a specific provision in this regard.

According to article 135 of Decree No. 9,199/2017, which established the aforementioned law, the migrant loses the residence permit when the foundation on which the authorization is based ceases. If this occurs, he must notify the Federal Police of his new condition, so that the agency will be aware of the change in his situation in the country.

What are the labor rights in the event of termination?

Working on Brazilian soil guarantees all migrants the same rights that Brazilian legislation grants to natives, such as 13th salary, vacation, FGTS, INSS, overtime, among others.

In the event of termination without just cause, before the end of the contract (and there is no contractual clause for early termination), the employee will be entitled to compensation of 50% of the wages due until termination. There is also a compensatory indemnity of 40% of all FGTS deposits.

If there is an early termination clause, the prior notice payment will be due in lieu of the indemnity. In the event of a resignation request in a fixed-term contract, the company may demand compensation to repair the losses resulting from the anticipation. The amount to be indemnified must not exceed half of the wages due until the end of the contract term.

Who pays the expenses for the return trip?

According to Normative Resolution No. 2 of the National Immigration Council, the employment contract must contain a mandatory clause that determines the migrant’s commitment to repatriate at the end of the employment relationship. The text establishes that the contracting company is obliged to pay the expenses related to the repatriation, committing to communicate the fact within 15 days to the Ministry of Economy.

It is worth noting that the foreigner is linked to the company that brought him to the country. Thus, it is necessary to communicate the changes to the employment contract — which includes the termination of the employment relationship —to the government agenciy. From this communication and the full settlement of labor rights, the repatriation process can begin.

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