Labor holidays make up the rights of Brazilian workers and are provided for in the constitution. Refers to a period of paid rest that must be granted annually to all registered employees.
They are often looked forward to by workers. Those are the 30 days when you can disconnect from your obligations and dedicate time and energy to your leisure time.
However, many people still have their doubts about work holidays. We will understand better how it works, who is entitled and what types of vacations are possible to be taken.
What are Labor Vacations?
After 12 months of consecutive work, Brazilian workers can enjoy their labor holidays. This is a rest period provided for by law, and which ensures the remuneration of professionals.
However, it is necessary to go through this purchasing period, that is, minimum registration time so that the holidays are actually activated and can be requested.
It is possible to read the official text regarding this right in the Consolidation of Labor Laws (CLT), in Decree-Law No. 1,535, of April 15, 1977 and in Law No. 13,467 / 17 (Labor Reform). Holidays are, however, provided for by law, and must be granted by the employer with the risk of a fine for non-compliance.
Who is entitled to Holidays?
All formal workers, that is, those who have a formal contract, are entitled to labor leave for each 12-month work cycle.
After this period, the employer has a further 12 months to grant the right, which must be negotiated between the parties to define what is the best period for removal of this professional.
It is important to clarify, however, that after 12 months of work, even if the professional does not immediately take a vacation, a new purchasing period begins to be counted for the following vacations.
Therefore, the employer must grant the right to rest before a new cycle is completed and before a new vacation period is accumulated without payment.
Types of Labor Vacations
Not everyone knows, but there are different types of work vacations. Although they are similar in many ways, they have their particularities that must be understood. Look at that.Overdue holidays: are those that are paid after the acquisition period, that is, after the completion of 12 months of work;
- Proportional vacations: before 12 months of work are completed, however, vacations are now counted. In this case, we are talking about proportional vacations, which are not enough to enjoy the right, but which already count for the worker;
- Collective vacations: they are granted to all professionals in a company or in a specific department at the same time.
- Double vacation: companies that do not comply with the law and do not grant the right after 12 months and before the completion of a new year are obliged to indemnify twice the worker for the absence of his rest.
When to ask for Labor Holidays?
The worker can schedule his vacation in advance. It is important to talk to the supervisor or the HR department to determine the best time to rest.
As soon as the professional does 1 year of work he can already request the vacation. Then your rest month will be determined in advance so that you can organize yourself to make better use of the period.
We remind you, however, that as provided by law, the employer determines the vacation period.
Therefore, even if there is dialogue and negotiation, it will be the boss who decides what is the best month for the employee to leave his activities.
What amount received on vacation
The biggest question of people is “How much will I receive on a work vacation?”. There is a calculation that can be done to find this out.
It is important to monitor and know what the entitlement is. So you can question HR if there is a problem with payment, or you can plan better to use your extra money.
The calculation is as follows:
For each day of vacation, you receive the amount equivalent to one day of work plus an additional ⅓.
Let’s consider someone who receives R $ 3,000.00 / month and intends to take 15 days of vacation:
- Daily value of work: 3,000 / 30 = R $ 100.00 per day.
- Multiplied by the vacation days: 100 x 15 = R $ 1.500,00.
- ⅓ of the value of the vacation: R $ 1,500 / 3 = R $ 500.00.
- The total amount for 15 days of vacation is: R $ 1,500 + R $ 500 = R $ 2,000.00
The INSS discount, equivalent to 8%, will still be charged on this amount. The remainder will be what the employee will actually have available for his enjoyment during paid rest.
Labor holidays are a right and need to be fulfilled. Therefore, workers and employers must pay attention to ensure that the right is properly granted, avoiding fines and headaches.