Hybrid Work in Brazil in 2026: what the CLT requires and what employers must formalize

The model is legal, but it holds up only with a clear contract, a defined time-tracking policy, and explicit rules on expense reimbursement, especially for foreign-headquartered companies managing Brazilian teams from abroad

Hybrid work has become established in Brazil, but the debate around it is far from settled. Large companies are bringing more people back to the office, while professionals continue to value flexibility. In this environment, HR needs to make sure the chosen model is properly formalized. This matters even more for multinationals, where policies designed at headquarters often don't account for Brazilian labor rules.

What the law says

Brazil's labor code (CLT) does not list hybrid work as a separate arrangement. It falls under the telework rules, especially after Law No. 14,442/2022. The model is permitted as long as it is formalized in an employment contract or contract addendum. Verbal agreements or email exchanges are not enough.

What the contract must include

The contract or addendum should specify, at a minimum:

• The work arrangement (fully remote or hybrid) and the schedule of on-site and remote days

• The activities that will be performed off-site

• Responsibility for equipment, infrastructure, and expense reimbursement

• The method of time tracking, when applicable

• Rules on information security and ergonomics

Time tracking: the highest-risk area

If the contract provides for time tracking, all rules on overtime, breaks, and premiums apply, including on remote days. Telework paid by output or task can exempt an employee from time tracking, but only when it is clearly agreed and the employee has genuine autonomy over their own schedule. Applying this exception without those requirements is a frequent source of labor liability.

What the data shows about the current market

According to Great Place to Work (GPTW), in 2025 around 51% of Brazilian companies operated fully on-site, 41% were hybrid, and 9% were remote. Even so, 65% of workers say they would consider changing jobs if forced back to the office. Major employers such as Nubank moved from a primarily remote model to a hybrid one starting in 2026. Experts note that sectors like technology and consulting tend to keep more flexibility, while banking, retail, and manufacturing lean toward on-site work.

HR checklist

• Formalize the hybrid arrangement in a contract or addendum, including the days and rules for alternating locations

• Define and document time tracking, including on remote days

• Establish who provides and who pays for equipment, internet, and utilities

• Brief managers on after-hours contact and the right to disconnect

• Review the policy periodically as the company's work model evolves

Conclusion

Hybrid work remains a strategic tool for attracting and retaining talent. But flexibility without formalization becomes a risk: untracked working hours and undefined cost allocation are easy targets in labor claims. Companies that document the model from the start gain legal certainty and predictability in managing their teams, a particularly important point for foreign companies running a Brazilian subsidiary from a distance.

Source: GPTW, Flash App, Lopes Bahia, and LiveCareer | Adaptation and review: DBS Partner Team

DBS Partner helps companies structure contracts, time tracking, and payroll for hybrid and flexible work models, with legal certainty and full compliance. Get in touch with our team and find out how we can support your company's HR operations. Email us at dbs@dbspartner.com.br.