Welcome to our blog! Today, we’ll discuss a fundamental right for every formal worker in Brazil: vacation. Understanding the rules about how and when vacations can be taken, payment, notice period, and restrictions on starting is crucial to ensure your rights and a well-deserved rest.
Vacation Rights and Qualifying Period
Every formal employee in Brazil has the right to 30 days of vacation for every 12 months worked. This 12-month period is called the “qualifying period”.
Example: If you started working on April 1, 2023, your qualifying period will be from April 1, 2023, to March 31, 2024. The vacation related to this period must be taken between April 1, 2024, and March 1, 2025. A new qualifying period will begin on March 31, 2025.
Vacation Scheduling
Although the right to vacation belongs to the worker, the company can set the vacation date. However, it is common for the company to consider the employee’s preferences whenever possible to reach an agreement.
Double Payment for Unused Vacation
It is important to pay attention to the deadline for taking vacation. If the employee does not take vacation within 11 months following the end of the qualifying period, the company is obligated to pay that vacation doubled.
The double payment is calculated based on the total value of the unused vacation, including the regular salary and the additional one-third.
Example: If your salary is R$ 3,000 and you are entitled to 30 days of vacation, you would normally receive R$ 4,000 (R$ 3,000 + R$ 1,000 additional one-third). If the vacation is not granted within the legal timeframe, the amount to be paid will be R$ 8,000.
Vacation Start Notice
To allow the employee to plan, the company must notify the employee of the vacation period at least 30 days in advance.
Vacation Payment
In addition to rest, vacation in Brazil brings an extra financial benefit:
- Remuneration: During vacation, the employee receives their regular salary plus an additional one-third.
- Payment Timing: Payment must be made at least two days before the vacation begins.
Rules for Starting Vacation
There is an important rule about when vacation cannot start: vacation cannot start within the two days preceding weekly rest or a holiday.
Example: If your weekly rest is on Sunday, your vacation cannot start on Friday or Saturday. If there is a holiday on Wednesday, vacation cannot start on Tuesday either. This rule ensures that weekly rest and holidays are not “incorporated” into vacation time.
Weekly rest is the employee’s right to a continuous 24-hour rest period, usually on Sundays, but it may be adjusted to other days of the week, with the guarantee of at least one Sunday off every seven weeks. This rest period is mandatory and paid.
Frequently Asked Questions:
- Is it allowed to start vacation on Monday after weekly rest, which was on Sunday? Yes.
- Is it allowed to start vacation on Friday, considering weekly rest will be on Sunday? No. In this case, vacation could only start on a Friday if the weekly rest was on Monday.
- What to do when vacation cannot start on the employee’s desired date due to the legal restriction mentioned above? Can an exception be made if the employee agrees? Unfortunately, this is not possible, even if the employee wishes so.
Vacation Flexibility
Vacation can be split into up to three periods, with one period lasting at least 14 consecutive days, while the other two, if any, must be at least 5 consecutive days each.
Selling Vacation Days
An employee may choose to sell one-third (1/3) of their vacation days. This means that instead of taking the full 30 days off, they would take 20 days off and receive payment for the 10 days worked. However, the company must also agree to buy these days.
We hope this explanation has helped you understand your rights and the rules regarding vacation in Brazil. If you have any further questions, we are here to help!