Hello everyone! In today’s article, we’ll go over the details of how collective vacations work: their rules, exceptions, restrictions, and how to apply them practically in your company.
What is Collective Vacation?
Collective vacation is a form of leave where the company decides to suspend its operations, so all employees or specific departments take vacation simultaneously. This practice is common during low-demand periods or for strategic planning, such as year-end holidays and long weekends.
General Rules
There are a few essential rules to follow for collective vacations to be carried out according to the law:
- Duration: Collective vacation can be granted in up to two periods throughout the year, but each period cannot be shorter than 10 days.
- Departments: It can be granted to the entire company or specific departments.
- Advance Notice: The company must notify the relevant labor union and the Ministry of Labor at least 15 days in advance. Employees should also be informed via an internal notice.
- Record in Digital Work Card: It is necessary to register collective vacation in the employee’s Digital Work Card, specifying the exact vacation period.
Exceptions and Restrictions
Although collective vacation can be a great option, it also has some restrictions and exceptions that need to be respected:
- Essential Departments: If your company has essential departments that cannot stop, they may not participate in collective vacation, which requires planning for schedules and compensation.
- Special Employment Contracts: Employees on specific contracts, such as temporary or probationary, must also be reviewed for compliance with legal requirements.
Benefits of Collective Vacation
So, why would a company choose collective vacation? Here are some of the main benefits:
- Cost Reduction: Especially in low-demand periods, like the end-of-year holidays, collective vacation can help reduce operational costs such as energy and human resources.
- Employee Motivation: Employees return more motivated and rested, which can positively impact productivity after their return.
- Management Ease: With everyone on vacation at the same time, managing absences and individual vacations becomes simpler.
Collective Vacation Payment
Payment must be made at least two days before the start of the collective vacation period, including the additional one-third on top of the salary.
Step-by-Step Implementation
Now let’s go through the step-by-step process for implementing collective vacation in practice:
- Internal Planning: First, define the best period for granting collective vacation, considering the calendar and work demand.
- Communication with Unions and Ministry of Labor: Give formal notice at least 15 days in advance, informing the union and Ministry of Labor about the intention to grant collective vacation.
- Employee Notice: Officially notify employees, clarifying the period, their rights, and how vacation payment and return will be managed.
- Internal Organization: Make necessary adjustments for essential departments, defining schedules or compensations for those who need to work during this period.
- Digital Work Card Registration: Be sure to correctly register each employee’s collective vacation in the Digital Work Card system.
Questions and Answers
- Can employees refuse to take collective vacation? Answer: No, the decision to grant collective vacation lies with the company, and employees must comply with the designated rest period. Refusal could be considered insubordination, as the company has the right to set this period according to its needs.
- Can companies of any size grant collective vacation? Answer: Yes, companies of any size can adopt collective vacation, provided they meet legal requirements such as advance notice and correct payment to employees.
- Do collective vacations interfere with the 13th salary? Answer: No, collective vacation is a labor right and does not affect the calculation or payment of the 13th salary.
- What about employees who haven’t completed a year of work and therefore don’t have enough days for vacation? Answer: For employees who haven’t completed the acquisition period, the company grants collective vacation proportional to the time worked until the start of the collective vacation. Extra days (not covered by vacation balance) are considered paid leave, compensated normally. For example, if an employee has worked only 4 months, they would be entitled to 10 days of proportional vacation. If the company grants a collective vacation period longer than the employee’s proportional entitlement, such as 15 days, the additional 5 days are considered paid leave and will be paid normally by the company.
Conclusion
So, collective vacation can be an excellent tool when well-planned. It can meet the company’s needs and enhance employee well-being, provided all rules and formalities are followed. If you need further clarification, we’re here to help!