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While many companies still promise to register only after the trial period, the law requires signing the employment contract from the first day. A labor lawyer explains why this practice is illegal, which rights are being undermined, and how the worker can react without fear, seeking legal guidance, gathering evidence, and reporting recurring abuses.
In 2025, it is still common to hear from recruiters that registration will only come after three months, if performance is satisfactory. The rhetoric seems harmless, but it hides a practice that blatantly contradicts the CLT and leaves workers unprotected in essential points, such as social security, FGTS, and workplace accidents. What many do not know is that the law requires signing the employment contract from the first day of service, and not after an informal trial period.
On social media, labor lawyer Alexandre Ferreira, followed by over 1.6 million people, has turned this technical topic into accessible language. In short videos, he shows how companies still attempt to normalize the delay in registration, deny transportation vouchers, or distort the 12×36 work schedule to save at the expense of those who can afford the least, even with clear and established rules for decades.
What the Law Really Says About Signing Employment Contracts
According to the CLT, the registration of the employment relationship is not a choice of the company, but an obligation.
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Article 29 states that the company has up to five business days after the start of activities to record the contract in the Employment Card.
In practice, this means that there is no legal authorization to “wait three months to sign the employment contract.”
When registration is delayed, the worker lacks formal proof of the employment relationship, regular FGTS contributions, adequate social security coverage, and has more difficulty proving the length of service in a potential labor lawsuit.
The so-called “trial period without registration” is not a type of parallel contract: it is a legal risk for the company and a direct loss for the employee.
How Companies Turn Trial Periods Into Excuses to Undermine Rights
The most common narrative is simple: “let’s test for three months, then we’ll see if we sign the employment contract.”
In other situations, the discourse is that “everyone starts this way in the company” and that it is a normal market practice.
These justifications, however, find no support in the legislation.
By pushing formalization ahead, the employer buys time without fully assuming labor liabilities.
During this period, the worker already fulfills hours, goals, and orders like any other employee, but is left without official records, without FGTS deposits, and without the security of a recognized contract.
In case of dismissal, many times they leave without notice, without proper settlement, and without documents.
Transportation Vouchers, 12×36 Work Schedule, and Other Rights That Come With Registration
The problem is not limited to signing the employment contract. The same logic appears in other areas, such as transportation vouchers and the 12×36 work schedule.
The lawyer reminds us that transportation vouchers are guaranteed by law to urban and rural workers, regardless of the distance from home to the workplace.
Even so, it is not uncommon to hear the phrase “you live close, so you don’t need it.”
When the contract is not signed, the domino effect is evident: the employee often does not receive transportation vouchers, has no official deductions, does not appear on the payroll, and remains invisible to the official system.
In work schedule regimes like 12×36, other problems arise, such as disguised overtime and lack of formal written agreements.
The 12×36 work schedule requires provisions in an individual agreement, convention, or collective agreement, and was not designed to accommodate habitual overtime.
When the company adds additional shifts to the routine, without control and without adequate payment, the regime may be recharacterized and open up space for retroactive charges of additions, impacts on vacations, and the 13th salary.
Why Signing the Employment Contract From the First Day is Protection, Not Bureaucracy
From a legal standpoint, signing the employment contract early on is not a favor to the worker but the fulfillment of an obligation.
For the employee, this means immediate access to INSS, FGTS, counting time for retirement, coverage in case of accidents, and participation in benefits provided in internal regulations or collective agreements.
For the company, proper formalization reduces the risk of labor lawsuits with claims for recognition of employment relationships, administrative fines, and penalties for the absence of records.
Each day worked without recording becomes a potential liability, which can be charged years later with interest, adjustments, and impacts on other payments.
The central point, as emphasized by the lawyer’s content, is that the probationary contract does not eliminate the need for registration.
Even in the probationary modality, the employee must have their employment contract recorded, with clear start and end dates, compensation, and function.
Common Illegal Practices That Still Persist in the Market
Despite established legislation, some behaviors continue to resurface in reports from workers, lawsuits, and comments on social media. Among them, the following stand out:
Denying transportation vouchers on the grounds that the employee lives “too close”
Treating the first or second month of work as “trial” without registration or contract
Using the 12×36 work schedule to demand constant overtime, without additional pay or regular hour bank
Keeping payments “under the table” to reduce liabilities, failing to record the actual salary in the employment contract
These strategies can lead to individual lawsuits, investigations, and penalties resulting in the payment of salary differences, retroactive FGTS deposits, fines, and other penalties.
In the short term, it may seem like savings for the company. In the long term, it is a high legal risk.
What the Worker Can Do When the Company Refuses to Sign the Employment Contract
In practice, many workers accept the condition out of necessity, fear of losing the job, or lack of information.
Nevertheless, it is possible to act strategically to protect oneself. The recommendation from experts is:
Keep proof of presence, such as schedule messages, time records, emails, or screenshots of internal systems
Keep payment receipts, proof of Pix, bank statements, and any evidence that salary was paid regularly
Record conversations where managers admit that work started before signing the employment contract or that registration was delayed
Seek legal guidance, unions, or advocacy groups to understand the best way to formalize the complaint
Even when registration is not done, the time worked can be recognized judicially, with retroactive rights.
The employment relationship is defined by the reality of day-to-day work, not by what the company writes or fails to write in the contract.
Information as an Antidote to Old Practices
The case of the lawyer who went viral explaining why it is illegal to sign contracts only after three months shows how the internet has become an important space for labor clarification.
By detailing rules about registration, transportation vouchers, and the 12×36 work schedule, he exposes a persistent contradiction: the laws are clear, but many companies still rely on misinformation to save at the expense of workers.
Respecting registration from the first day is not just about fulfilling a formality.
It ensures that the professional has access to basic rights, predictability, and security, while the employer reduces legal risks and strengthens the trust relationship.
In a competitive market scenario and constant exposure, insisting on illegal practices tends to become increasingly costly.
What about you, have you ever experienced or know someone who has gone through a situation where the company promised to sign the employment contract only after three months of trial?
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