http://www.gringoes.com/forum This is an XML content feed of; Gringoes.com : Visas and Documentation : Can an employer say you are a contractor for tax? Copyright (c) 2006 Web Wiz Forums - All Rights Reserved. Sat, 25 May 2013 15:06:32 +0000 Sat, 09 Jun 2012 19:23:30 +0000 http://blogs.law.harvard.edu/tech/rss Web Wiz Forums 8.05a 360 www.gringoes.com/forum/RSS_post_feed.asp?TID=15618 http://www.gringoes.com/forum/Title_image http://www.gringoes.com/forum http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182487#182487 Author: Mineiro_Alemão
Subject: 15618
Posted: 09 June 2012 at 19:23

Originally posted by Brazilrio My friend is a teacher at an international school on a work visa provided by the school. Her Brazilian contract says she can only work for that school. ...

That´s correct, not only the contract but also the WORK VISA, wich is connected to the employer. In case she wants to change to another school, she´ll needs the authorization from the MTE. In fact the new school has to do the same process like the first, when they applied for the work visa.
If the application from the new school is aprooved there will be issued a new work authorization connected to the new school.

That´s the goal of the work visa, I guess in every country in the world. If the visa wouldn´t be connected to the specific employer, what´s the sence of a work visa at all ????

About the taxes such as INSS and FGTS she should check, I don´t think the school is correct, shee´s an employee, like Brazilian teachers as well, proof is the work visa, so they HAVE to pay taxes.




Edited by Mineiro_Alemão - 09 June 2012 at 19:25]]> Sat, 09 Jun 2012 19:23:30 +0000 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182487#182487 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182448#182448 Author: sven
Subject: 15618
Posted: 09 June 2012 at 09:43

Employee you can find in CLT, art 2:
- prestação de serviço
- pessoalidade
- subordinação
- salário

So, if she can't work for others, gets orders from the school, can't send someone else to teach and makes money, she's an employee.]]> Sat, 09 Jun 2012 09:43:21 +0000 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182448#182448 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182432#182432 Author: Brazilrio
Subject: 15618
Posted: 08 June 2012 at 18:49

Sven, Do you know where I can find a legal definition of employee versus contractor? Thanks
]]> Fri, 08 Jun 2012 18:49:22 +0000 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182432#182432 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182406#182406 Author: sven
Subject: 15618
Posted: 08 June 2012 at 00:53

Sure shes an employee. Nice lawsuit when she leaves....]]> Fri, 08 Jun 2012 00:53:50 +0000 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182406#182406 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182401#182401 Author: Brazilrio
Subject: 15618
Posted: 07 June 2012 at 23:02

My friend is a teacher at an international school on a work visa provided by the school. Her Brazilian contract says she can only work for that school. However the contract also says that she is a contractor responsible for all her own taxes, and the school does not pay any taxes. Is this legal? Surely she is an employee? The school can't just get out of all the taxes in this way, can it?]]> Thu, 07 Jun 2012 23:02:23 +0000 http://www.gringoes.com/forum/forum_posts.asp?TID=15618&PID=182401#182401