Five holiday questions

TheTaste, for many, is synonymous with the holidays, but do you know all about it? Alerta Emprego portal compiled, in a statement sent to news per minuteFive questions about rules and workers’ rights in relation to holidays. Check them out below:

1. Holiday days you are entitled to

“The employee is entitled to 22 working days off, which must be on weekdays, from Monday to Friday, excluding holidays.

However, these 22 business days may vary. In the year of admission to the company, professionals are entitled to two working days for each month of the contract term, which can be up to 20 days. In this sense, a professional can take this leave after six full months of work, and if the calendar year ends before this deadline, the leave can be taken until June 30 of the following year.

If the contract term is less than six months, the leave can be taken immediately before its termination, through an agreement between the professional and the employer.

2. Vacation with reward

“The right to leave is non-negotiable and cannot be substituted for other forms of compensation. However, a professional can choose to have only the 20 working days required by law, in which case work performed on appropriate days the remainder will be paid twice.
In addition, it is not permitted to exercise another professional job during the leave period, unless the employer is authorized to do so or if it is an activity already being carried out at the same time as the job being filled.”

3. Interruption of leave period

“The professional may have to interrupt his vacation in exceptional cases at the request of the organization, but only in cases of urgency related to the operation of the company. In this case, the employer can change the vacation days already scheduled through his team.

For this, the company needs to provide a justification, as well as to compensate the worker for any damage caused to him, such as a trip or accommodation already booked, provided that this is duly proven.”

4. The effect of sick leave on the right to leave

“If a professional falls ill during the leave period, he may be suspended, provided that the employer is informed of this circumstance and has evidence of the sick condition, through a sick leave or a medical certificate.

When the professional is laid off, he will be able to continue on vacation, if he still has days to enjoy. However, unused days may also be used at another time, by agreement between the parties. If this is not possible, it will be up to the employer to schedule these days.”

5. Accumulation of rest days

“Although vacations must be used in the calendar year to which they correspond, it is possible to accumulate days from year to year. However, such days must be taken up to April 30 of that year, on a date approved by the company.

However, there is only one situation in which company approval is not required – if a professional wishes to take vacations with a family member residing abroad, and thus can accumulate and enjoy days from the previous year without the need for an agreement. Even in this case, the deadline criterion remains.”

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