In today’s globalized world, many Brazilians find exciting work opportunities aboard ships in international waters. However, when labor issues arise, it’s crucial to understand your legal options and how the Brazilian justice system can play a significant role in these cases.

For many Brazilians hired by foreign companies to work on ships in international waters, specific conditions can create a solid foundation for pursuing their labor rights within the Brazilian jurisdiction. If you fall into one or more of the following situations, it may be possible to initiate a labor lawsuit in Brazil to claim unpaid benefits during the contract’s term, especially if Brazilian legislation is more favorable, as is typically the case:

Pre-contracting in Brazil: If you were pre-contracted in Brazil, it means your employment relationship was already established before boarding the ship, creating a legal connection to Brazil.

Recruitment process in Brazil: If you went through a recruitment process to join the company in Brazil, this stage of recruitment can be considered an essential part of your employment contract.

Medical examination in Brazil: Undergoing a pre-employment medical examination in Brazil may indicate that the company officially recognized your employment relationship there.

Work in Brazilian waters: Even if you only performed part of your work in Brazilian waters, this local presence could strengthen your connection to the Brazilian jurisdiction.

These elements can be crucial in determining the jurisdiction and application of Brazilian labor laws in your case. However, a comprehensive analysis of the contract details and the specific situation is essential.

If there is a decision that Brazilian jurisdiction and Brazilian labor laws applies, there can be great benefit for employees, and the cruise company can be definitely held enforceable to pay debts even if established abroad.

In our law firm, we not only consider cases we handle but also examine relevant legal precedents to ensure you receive the best possible guidance in your case. With our extensive experience in similar cases, we are well-equipped to help you understand how these factors may be relevant to your labor rights, even when employed by a foreign company.

It’s important to emphasize that careful verification is fundamental to the success of the case, involving studying the specific contract terms, the applicable laws for both the employer and the vessel, and considering similar cases that have already been decided.

It’s worth noting that Brazilian labor justice is founded on the principle of the “true reality of facts.” This means that when considering cases involving Brazilian workers abroad, Brazilian courts are committed to seeking the complete truth, regardless of how the contract was formalized. This can provide additional protection to workers facing complex labor issues.

Given these legal nuances, it is highly recommended that you seek guidance from an attorney specialized in international labor law. Count on the experience and knowledge of the Botinha e Cabral law firm to help protect your labor rights in work on ships in international waters. Our dedicated team can assist you in understanding your rights, assessing your situation, and guiding you through the legal process, ensuring that your voice is heard, and your rights are respected.

In complex cases like this, experience and appropriate legal knowledge can make a significant difference. Do not hesitate to get in touch with us to obtain the necessary guidance and protect your labor rights.

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