Unpaid overtime: what to do to secure your rights

LABOUR LAW

Published in May 2025

What is unpaid overtime?

Unpaid overtime is one of the leading causes of labour lawsuits in Brazil. Many employees work beyond their contracted hours and end up not being properly paid for it. But do you know how to identify this right and how to demand payment?

When is overtime owed?

Under the CLT (Consolidation of Labour Laws), the daily overtime limit is two hours per day. The overtime premium must be at least 50% above the regular hourly rate, and if the work is performed on Sundays or public holidays, the overtime rate must be doubled.

However, many companies ignore this rule — and that is where so-called unpaid overtime arises.

How to prove unpaid overtime?

To secure your rights, it is essential to gather evidence showing that you actually worked beyond your contracted hours. Some examples:

  • Time records, whether electronic or manual;
  • WhatsApp messages or e-mails from supervisors requesting work after hours;
  • Witnesses, such as co-workers familiar with your routine.

What to do if the company does not pay?

If you have gathered evidence but the company refuses to acknowledge or pay the unpaid overtime, the next step is to seek specialised legal assistance.

Our team of lawyers at Petereit e Sato Advogados Associados can help you with:

  • Precise calculation of the hours owed;
  • Filing a labour lawsuit;
  • Full representation throughout the proceedings.

Know your rights and protect yourself

You are not alone. Hundreds of employees face this problem every day. But with the right legal guidance, it is possible to recover what is rightfully yours. We are here to support you.

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