by Edson Mazieiro, Murray Advogados, Brazil

The hiring of offshore workers presents specific legal challenges that do not always receive the attention they deserve from companies. The issue encompasses both employees working on vessels operating exclusively within Brazilian territorial waters and those serving on ships, offshore platforms, and other vessels engaged in international operations.

In both scenarios, disputes frequently arise regarding working hours, rest periods, rotational schedules, overtime compensation, and onboard working conditions. The unique nature of offshore activities often makes it difficult to effectively monitor working hours and to produce adequate evidence in the event of labor claims.

In international operations, additional issues emerge concerning the law governing the employment relationship and the jurisdiction of the Brazilian Labor Courts to adjudicate certain disputes. It is not uncommon for employees hired to work abroad to seek the recognition of labor rights before Brazilian courts, giving rise to complex litigation and potentially significant liabilities for the companies involved.

Another relevant aspect concerns the identification of the parties responsible for labor obligations. Depending on the operational structure, labor claims may involve not only the direct employer but also affiliated companies within the same corporate group, service recipients, and other entities connected to the business activity.

Considering this scenario, the implementation of appropriate labor compliance policies, effective working-hours controls, consistent record-keeping, and periodic reviews of the contractual arrangements used in offshore operations become essential measures to mitigate risks and enhance legal certainty.

Preventive measures help avoid complex litigation and reduce exposure to labor liabilities of substantial economic value.