Brazil: why confirm a former employee's job?
Every Brazilian employer already records the date of admission in the CTPS and keeps a register of each employee with the data on their admission and the duration of the work. Confirming the same facts takes a minute and helps the person into their next job. certo asks on their behalf, with their explicit consent.
Law as of 26 October 2026 · Lei nº 13.709/2018 (LGPD) and Decreto-Lei nº 5.452/1943 (CLT), compiled texts on Planalto as they stood on 26 October 2026
In short
- The facts are already on paper. The employer records the date of admission in the employment record booklet, the CTPS, and makes entries there when the contract ends (CLT art. 29). Those are the facts we ask about.
- They are in the register you must keep. Every employer keeps a register of every employee with the data on their admission and the duration of the work (CLT art. 41).
- It helps the person who worked for you. A record confirmed by a former employer is what the next employer trusts. Answering takes about a minute and needs no account.
- certo asks on their behalf, with their explicit consent. The LGPD allows personal data to be processed with the consent of the data subject (art. 7, I), given in writing or by another means that shows their will (art. 8). The person started this check themselves, for these facts and no others.
- You do not have to answer. No Brazilian law obliges an employer to answer certo. Declining is fine.
The Consolidation of Labour Laws (CLT)
Decreto-Lei nº 5.452/1943. Quoted from the compiled text on Planalto, in the wording now in force (the page also shows superseded wordings, struck through).
Art. 29: what the employer records in the CTPS
O empregador terá o prazo de 5 (cinco) dias úteis para anotar na CTPS, em relação aos trabalhadores que admitir, a data de admissão, a remuneração e as condições especiais, se houver, …
In English: the employer has five working days to record in the CTPS, for each worker it hires, the date of admission, the pay and any special conditions. Entries are also made when the contract ends (§ 2, c), and the employer's electronic records in the digital CTPS count as these entries (§ 7). We ask about dates and the job, never about pay.
Art. 41: the register of employees
Além da qualificação civil ou profissional de cada trabalhador, deverão ser anotados todos os dados relativos à sua admissão no emprego, duração e efetividade do trabalho, …
In English: besides each worker's civil or professional details, the employer must record all data on their admission, the duration and actual performance of the work, and more. Your records already hold the facts we ask about.
Art. 29 § 4: no entries against the employee
É vedado ao empregador efetuar anotações desabonadoras à conduta do empregado em sua Carteira de Trabalho e Previdência Social.
In English: the employer may not make entries in the CTPS that discredit the employee's conduct. certo asks for no opinion of the person, so your answer holds nothing of the kind.
Art. 373-A: what is never asked
The CLT forbids refusing employment because of sex, age, colour, family situation or pregnancy, and requiring any certificate or test of sterility or pregnancy on hiring (art. 373-A, II and IV). certo never asks you about any of these, nor about health, beliefs or a criminal record.
We found no provision of the CLT that obliges an employer to confirm a former employee's job to a third party.
Personal data
The Lei Geral de Proteção de Dados Pessoais (LGPD), Lei nº 13.709/2018, applies to your HR records.
Art. 7, I: consent
O tratamento de dados pessoais somente poderá ser realizado nas seguintes hipóteses: I - mediante o fornecimento de consentimento pelo titular;
In English: personal data may be processed only in the listed cases, the first being with the consent of the data subject. The LGPD defines consent as a free, informed and unambiguous statement by which the data subject agrees to processing for a specific purpose (art. 5, XII). The person's request names your organisation, certo and each fact.
Art. 8: form and proof of consent
O consentimento previsto no inciso I do art. 7º desta Lei deverá ser fornecido por escrito ou por outro meio que demonstre a manifestação de vontade do titular.
Cabe ao controlador o ônus da prova de que o consentimento foi obtido em conformidade com o disposto nesta Lei.
In English: consent must be given in writing or by another means that shows the data subject's will, and the controller bears the burden of proving it was obtained lawfully. The person gave it from their own signed-in certo account. certo records which account asked, when, and for which facts. Write to support@certo.bio and we send you the record for your request.
Art. 6, III: necessity
Processing is limited to the minimum needed for its purpose. You confirm or leave unticked only the facts listed. Add nothing else: anything beyond them is not covered by the person's consent.
What this means for your answer
- Tick only what your HR, payroll or personnel records show.
- Not sure it is the same person? Press "We can't find a matching record". Never confirm a record you are not sure is theirs.
- Your policy is not to answer? Press "We do not answer these requests". The record shows your organisation declined, and nobody else there is asked.
Sources
- Lei nº 13.709, de 14 de agosto de 2018, LGPD, compiled text (Planalto, Presidência da República)
- Decreto-Lei nº 5.452, de 1º de maio de 1943, CLT, compiled text (Planalto, Presidência da República)
This page is not legal advice. It reflects the law as it stood on 26 October 2026.