Portuguese 
English 
Spanish 
3 min of reading 
0 comments 
Even After Employee Requests Not to Register to Keep Bolsa Família, Court Condemns Company and Confirms: Registration Is Mandatory and Does Not Depend on Agreement Between the Parties.
The Labor Court decided that no company can fail to register an employee, even if the worker himself requests not to have a signed work record. The ruling, issued by the 2nd Labor Court of Imperatriz (MA) on October 21, 2025, reinforces that the employment relationship is a legal obligation, not a choice between employer and employee. The case involved a woman hired as a store attendant, who worked without a registered employment record. After the employment relationship ended, she sued the company seeking recognition of the relationship and payment of labor rights.
During the defense, the company admitted that the worker provided services but claimed it did not register her at the request of the employee, who wanted to continue receiving the Bolsa Família benefit.
Judge Says That Registration Is a Legal and Irrevocable Obligation
The judge Nelson Robson Costa de Souza, responsible for the case, was unequivocal: even with a request from the worker, the company is obligated to register the employee.
-
For the first time in history, millions of Brazilians will receive the 13th salary of 2026 without any Income Tax deductions — and the amount can arrive in full in their accounts.
-
Millions of Brazilians will have to work more in 2026: the score to retire has risen to 93 and 103, the minimum age has increased, and those who planned to retire this year may be in for a surprise.
-
Paternity leave increases from 5 to 20 days with Law 15.371/2026, which also created paternity pay through INSS and guaranteed job stability for fathers for up to 30 days after the end of the leave.
-
The new law No. 15,377, sanctioned by Lula and published in the Official Gazette of the Union on April 6, guarantees 3 days off for workers to undergo medical examinations.
In the decision, the magistrate stated that the Article 29 of the CLT (Consolidation of Labor Laws) establishes that registration is a public order requirement, irrevocable by the parties. In other words, there is no valid agreement that allows a worker to act without a formal link.
According to the judge:
“The excuse presented by the defendant, therefore, has no legal basis to absolve it of its responsibility, as it concerns a matter of public order, irrevocable by the parties.”
The court recognized the employment relationship between the parties, proving all elements of the link: personal nature, onerous nature, subordination, and non-eventuality.
Company Condemned and Required to Register the Employment Record
The decision ordered the company to register the employee within ten days, under the penalty of daily fines of R$ 100, limited to R$ 1,000, if it does not comply with the order. In addition, the ruling provides for the payment of the labor rights corresponding to the period of work without registration.
The ruling is still subject to appeal, but reinforces a firm understanding from the Labor Court: no agreement between employer and employee can waive basic rights, especially the registration in the employment record, which is essential for access to Social Security, FGTS, and other legal guarantees.
Why the Case Draws Attention
The case highlights a common situation in Brazil: workers who, out of fear of losing social benefits, accept to work informally.
However, the court emphasized that the correct approach would be to regularize the link and report income to the Unified Registry, for a possible reassessment of the Bolsa Família and not to keep the worker without rights.
The decision serves as a warning for employers and employees: the registration in the employment record is a legal obligation, and its absence can lead to fines, indemnifications, and labor lawsuits even when the request comes from the worker.
-
Uma pessoa reagiu a isso.