See the rights of those who work on Good Friday – 03/28/2024 – Market

On the Good Friday holiday, rest is guaranteed for professionals who are not part of categories considered essential and work with a formal contract. If called to work this Friday (29), the professional must have compensatory time off or double pay.

With the revocation of ordinance 3,665 of 2023, which regulates working hours on holidays, the rules on remuneration and time off defined by the government of Jair Bolsonaro (PL) are those in force.

New ordinance would be published on March 1st, but was suspended for 90 days. The postponed measure allowed work on holidays in commerce only if there was a collective agreement, collective convention or provision in municipal law. If there is no new suspension, a new measure will come into force on June 1st.

Larissa Maschio Escuder, labor lawyer at Jorge Advogados, states that the employer can require work on holidays for reasons of force majeure and the performance and completion of services that cannot be postponed or that cause harm to the employee’s service or function.

“Considering ordinance 671/2021 and the CLT [Consolidação das Leis do Trabalho]if the employee is scheduled to work on a holiday, he or she will be entitled to receive compensatory time off or double pay for the day worked.”

Escuder also says that the rules set out in the collective agreements of the unions of each category must be observed and that, as it is a holiday, the employee must not have a salary or time bank deduction.

With the exception of workers in essential activities, there is the possibility of justified refusal to work on holidays, if provided for in an agreement or collective convention, without the company making any deduction from the employee’s salary.

However, if there is provision for working on holidays in the individual contract, refusal is not possible.

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.

There is no difference in treatment for workers working remotely in the case of holidays or when amending them. The home office employee is available to the employer during those working hours.

See the 2024 NATIONAL HOLIDAYS

• March 29: Good Friday (Friday)
• April 21: Tiradentes (Sunday)
• May 1st: Labor Day (Wednesday)
• May 30: Corpus Christi (Thursday)
• September 7: Independence of Brazil (Saturday)
• October 12th: Our Lady of Aparecida Day (Saturday)
• November 2: All Souls’ Day (Saturday)
• November 15: Proclamation of the Republic (Friday)
• December 25th: Christmas (Wednesday)