In Holy Week, Friday is the only public holiday – 04/04/2023 – Market

Holy Week has arrived, but only Good Friday (7) is considered a national holiday. Whoever is thinking of amending with Thursday (6), or with Saturday and Sunday, needs to consult the company or check if there is a collective agreement or municipal holiday that allows this.

Otherwise, labor lawyers heard by the Sheet warn that the worker may even be dismissed for just cause in case of absence outside the holiday, depending on his/her history with the company.

As a rule, on Good Friday, work is prohibited in accordance with article 70 of the CLT (Consolidation of Labor Laws). However, in some categories there may be demands for work, especially in essential services such as hospitals, transport, public security, supermarkets and others.

In these situations, the employee who works on a holiday will be entitled to receive an additional payment of 100% proportional to the number of hours worked on the holiday or to have a compensatory day off.

“The company is the one who decides the best day for this day off and, of course, negotiation between the parties is always possible. Conversation is the best way, but it is important that there is always a document formalizing the agreement in writing”, explains Afonso Paciléo, president of AATSP (Association of Labor Lawyers of São Paulo).

Labor lawyer Larissa Salgado, from Silveiro Advogados, reinforces that employee and employer should be aware of whether the collective agreement for the category (between workers’ and employers’ unions) or the specific collective agreement for a company indicate the need to work on the holiday.

“If the agreement provides for the possibility of working on holidays, it is necessary to respect what was defined. And, in case of absence, the worker will have the day discounted and there will also be a discount for paid weekly rest”, he says. If the company adopts the hour bank regime, the employer may debit the hours related to this absence.

But what about Thursday?

In the case of this Thursday (6), the date is not considered a holiday and, therefore, is a normal working day. If the worker is absent, he will have the day of absence deducted from his salary and also the paid weekly rest, in addition to being able to be warned by the company. “He can even be fired for just cause if he already has other faults and was previously warned”, explains Larissa Salgado.

The day will only be considered a day off for the worker if there is a municipal decree considering the date as a holiday or if the collective agreement with the company or the collective agreement of the category determine this situation. “In these cases, the decree or the agreement is imposed”, says Paciléo.

Another possibility of the “amendment” on Thursday is the company deciding to release the professionals. The initiative can be defined with or without compensation for hours not worked. In both cases, it is important that the worker has a document formalizing the agreement.

“If the company gives the day off without asking for compensation, the worker does not need to compensate later. But the normal thing is for companies to ask the employee to compensate by working more on other days. It all depends on the agreement between company and employee”, highlights the president of AATSP.

Religious holiday

Although Good Friday is a religious date, the lawyers consulted claim that religion cannot be considered a justification for a possible absence on the eve of the holiday or in the following days.

Paciléo explains that there is this doubt, but that Brazilian law is clear in relation to this item. “There is nothing in the legislation to this effect. The worker can claim religious reasons, but there is already a Holy Friday holiday. There may even be a questioning in court, but the legislation does not have this provision”, he points out.

Lawyers also explain that the holiday rules and “amendments” also apply to those who are working from home. “It doesn’t change anything. If you work on a holiday, you are entitled to double pay or a compensatory day off. If you miss it, you may suffer the same penalties as those who are present”, says Paciléo.

National holidays

In addition to Good Friday, Brazil has eight more national holidays.

• January 1st (Sunday): Universal Fellowship

• April 21 (Friday): Tiradentes

• May 1st (Monday): Labor Day

• September 7 (Thursday): Independence of Brazil

• October 12 (Thursday): Nossa Senhora Aparecida

• November 2 (Thursday): All Souls

• November 15 (Wednesday): Proclamation of the Republic

• December 25 (Monday): Christmas