Nossa Senhora Aparecida: see employee rights – 10/12/2023 – Market

On the Nossa Senhora Aparecida holiday, when Children’s Day is also celebrated, rest is guaranteed for professionals who are not part of essential services and work with a formal contract. If called to work this Thursday (12), there must be compensatory time off or double pay.

The Friday (13th) after the holiday is considered a normal working day and may be an optional day depending on the location — or become a day off depending on the collective agreement between workers and the company.

Fernanda Borges Darós, labor lawyer at Silveiro Advogados, states that the employer may require work on holidays for reasons of force majeure, performance and completion of services that cannot be postponed or that would cause harm to the employee’s service or function.

“The CLT [Consolidação das Leis do Trabalho] provides for the possibility of exchanging the holiday for another day off, if the worker is called to work on the day of rest, if the company’s convention or collective agreement contains a clause on the subject”, she says.

Only workers considered essential work on the holiday, including professionals from the following sectors:

• Industry
• Commerce 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, telemarketing, lottery and civil construction

In non-essential services, double compensation for the day worked is mandatory and it is recommended that workers respond to the call.

Regarding holiday amendments, it is only considered time off if the company grants the date as a day of rest or establishes compensation through an individual or collective time bank.

Larissa Salgado, a lawyer specializing in labor law, states that the employer cannot deduct the holiday amendment from the employee’s salary if they have granted the day off.

“If there is no justification for absence or dismissal on the day of amendment, the employee will have the day deducted from pay and risk penalties, such as disciplinary warning, suspension, and even dismissal for just cause, in case of repeat offense”, she says.

Salgado explains that there is no difference in treatment for workers working remotely on holidays and in the amendment.

“The home office employee is available to the employer during those working hours”, he says.

NATIONAL HOLIDAYS 2023

• January 1st (Sunday): New Year
• April 7th (Friday): Good Friday
• April 21st (Friday): Tiradentes
• May 1st (Monday): Labor Day
• June 8 (Thursday): Corpus Christi
• September 7th (Thursday): Independence of Brazil
• October 12th (Thursday): Our Lady of Aparecida
• November 2 (Thursday): All Souls’ Day
• November 15 (Wednesday): Proclamation of the Republic
• December 25th (Monday): Christmas