Next Friday (15th), Brazil celebrates Republic Proclamation Day, a public holiday. The date provides an extra day of rest for workers and the possibility of an extended weekend for those who already have the weekend off.
Since 1949, November 15 has been a national holiday, regulated by Federal Law 662, signed by President Eurico Gaspar Dutra. (Understand the meaning and importance of this date)
However, not everyone benefits from it. Labor law allows certain sectors, considered essential, to operate on this holiday. (See details below.)
Note: Those required to work on the holiday have certain rights guaranteed, such as double pay or a compensatory day off.
G1 spoke with labor law experts to help you understand more about the topic.
Below, you will find answers to:
Can my boss require me to work on a holiday?
What are my rights?
Double pay or a day off? Who decides?
What if I skip work, even if I’m scheduled? Can I be dismissed for cause?
Are the rules different for permanent and temporary employees?
How does it work for intermittent workers?
What are the next holidays in 2024?
1. Can my boss require me to work on a holiday?
Yes. Although Article 70 of the Brazilian Labor Code (CLT) prohibits professional activities on national holidays, the law makes exceptions for services considered essential, such as industries, commerce, transportation, communication, funeral services, security-related activities, among others.
Additionally, the employer may require employees to work on holidays if a Collective Bargaining Agreement, a prearranged contract between employers and unions, exists.
2. What are my rights?
For those required to work on holidays, the law guarantees either double pay or compensatory time off on another day.
"If there’s a time bank, these working hours can also be credited in accordance with an individual or collective agreement," explains Ana Gabriela Burlamaqui, labor lawyer and partner at A. C Burlamaqui Consultants.
3. Double pay or time off? Who decides?
The type of compensation (either double pay or a compensatory day off) is typically decided in the agreement between the employer and the union.
In the absence of a Collective Bargaining Agreement, the decision can be negotiated between the employer and the employee. However, both parties must agree, and the chosen form of compensation must comply with the law.
"The employer cannot decide unilaterally. If there is an agreement or collective bargaining providing for compensatory time off, that rule prevails; otherwise, double pay for working on a holiday is mandatory," says Elisa Alonso, labor lawyer and partner at RCA Advogados.
4. What if I skip work, even if I’m scheduled? Can I be dismissed for cause?
It depends. Absence, in light of the employer’s requirement for attendance, may be viewed as insubordination, which is disobedience to a superior.
"But dismissal for cause generally does not result from a single incident but rather from repeated misconduct," says labor lawyer Ana Gabriela Burlamaqui.
Therefore, dismissal for cause generally follows a process that includes a series of written warnings and attempts to correct behavior.
If it’s a regular workday, the employee may face other administrative penalties, such as a deduction for the day missed, which will be considered an unexcused absence.
"Unjustified absence should be reprimanded, but for a dismissal for cause, factors such as recurrence, the impact on the company, and the employee’s role must be considered," adds labor lawyer Elisa Alonso.
5. Are the rules different for permanent and temporary employees?
The basic rules regarding working on holidays apply to both permanent and temporary employees, including the right to double pay or compensatory time off.
However, temporary workers may have specific preconditions.
6. How does it work for intermittent workers?
For workers hired under an intermittent work contract (a legal provision added to the CLT by the 2017 Labor Reform), holiday pay should be agreed upon at the time of hiring.
The intermittent work contract must specify the hourly rate, which should already include holiday or overtime pay.
Therefore, the intermittent worker will receive the agreed amount for days worked, including holidays, according to labor lawyer LuÃs Nicoli.
7. What are the next holidays in 2024?
The year 2024 has been notable for having few extended weekends. The next holiday is Black Awareness Day, on Wednesday, the 20th, which has now become a national holiday.
This change was approved by Congress last November and signed by President Luiz Inácio Lula da Silva. Previously, this date was not part of the national calendar or considered a national optional holiday, depending instead on municipal or state laws. After November, the next national holiday will be Christmas on December 25.
However, the date falls on a Wednesday, which may make it harder to extend the weekend.
Source: G1 Economy
Translated from the original by artificial intelligence.
コメント