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?

Sven, Do you know where I can find a legal definition of employee versus contractor? Thanks

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