Tiradentes: see who works this holiday – 04/20/2023 – Market

Workers who are not part of essential services do not work on the Tiradentes holiday, this Friday (21). The CLT (Consolidation of Labor Laws) guarantees the right to leave on this date for those who have a formal contract, or compensation if there is an expedient.

The worker who does not show up after committing to work on the holiday is at risk of receiving a warning for absence or suspension by the employer, according to labor lawyers consulted by the Sheet.

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.

On holidays that fall on a Friday, such as Tiradentes, even if there is no working hours, the worker is entitled to a paid weekend.

For 12×36 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 time off.

However, depending on collective conventions and agreements between employees and employer, or the rules and norms of the category’s union, the right to compensation may vary.

Larissa Salgado, a labor lawyer at Silveiro Advogados, explains that there is a legal basis for an employee under the 12×36 regime to be entitled to 100% of the period worked on public holidays.

“The understanding of the TST (Superior Labor Court) is that companies have to pay double the holidays worked in the 12×36 regime, even if the CLT does not exactly have this understanding”, he says.

For self-employed service providers, CLT rules do not apply, as they are considered self-employed workers, in which the working hours depend on what was agreed with the contractor.

Despite this, Afonso Paciléo, president of AATSP (Association of Labor Lawyers of São Paulo) says that, if an employment relationship is subsequently proven, the professional can file a labor action to receive the rights related to the formal contract, including rest on holidays, which can be reversed in cash payment.

“Many [contratos de] legal entity are nothing more than employment contracts camouflaged as a service provision contract. So, in the future, if this person who had a PJ contract pleads in the Labor Court for the employment relationship, he can indeed apply for this issue of holidays “, she says.

NATIONAL HOLIDAYS

In addition to Tiradentes, Brazil has seven 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