Is Labor Day a holiday or an optional point? Understand – 04/26/2023 – Market

The 1st of May, Labor Day, will be celebrated next Monday. The date is a national holiday and, according to the CLT (Consolidation of Labor Laws), guarantees workers a break. However, there are categories authorized to function normally, in particular those considered essential.

Those who work on this day, however, are entitled to receive double overtime, according to the rules of labor legislation. The payment of amounts is conditioned to what the collective labor agreement says.

According to specialists, the category worker authorized to work who does not appear on the holiday is at risk of receiving a warning for absence or suspension by the employer..

Article 70 of the CLT prohibits working hours on civil and religious holidays, except for services considered essential and with permanent authorization to do so, such as:

• Industry;
• Trade and retail;
• Transport;
• Communications and advertising;
• funeral services;
• Agriculture, livestock and mining;
• Health and social services;
• Financial activities and related services;
• Services such as security, call center, lottery units and civil construction.

In this case, the worker receives a 100% bonus proportional to the day worked —that is, he or she earns twice as much for working on public holidays— or is entitled to a compensatory day off, according to his/her preference.

For 12X36 shifts, where you work 12 hours, with the following 36 hours off, the CLT says that the employee does not have the right to double remuneration or compensatory leave, but the judicial understanding is that everyone should receive 100%. The final rule and the right to payment will depend, however, on what the agreement or collective agreement says.

“Working and getting paid for that day is a right”, says lawyer Maurício Pepe De Lion, from Felsberg Advogados.

On holidays that are on Monday, right after the weekend, even if there is no working hours and the professional takes three days off, there is the right to the paid weekend.

Overtime work performed on Sundays and holidays has a different calculation, that is, it must be paid twice as much. On normal days, when the professional works overtime, he must receive, for each additional hour of service, 50% of the remuneration.

A WORKER CAN GO TO COURT IF NOT COMPENSATED

The worker who does not have any type of compensation after working on a holiday, such as double overtime, time off or a bank of hours, can seek the Labor Court. According to experts, this is a violation of labor legislation.

For that, you need proof. Among those that are valid in court are the time cards that indicated that the employee worked on that specific holiday and did not have double pay and compensatory time off.

Testimonials from colleagues may also be used as a witness in an eventual lawsuit, in addition to photographs and other documents that may prove non-compliance with legislation. The orientation, however, is to negotiate.

However, negotiation is the best way to resolve the impasse.