With the new law sanctioned by President Lula, the national holiday celebrates Afro-Brazilian culture and guarantees specific rights to workers. Find out how this change affects your routine and your rights.
If you love a holiday, here's some good news: Black Awareness Day, celebrated on November 20, is now a national holiday! The change was sanctioned by President Lula in 2023, and will come into effect this year. In addition to celebrating the fight against racism and the appreciation of Afro-Brazilian culture, the date now guarantees specific rights to workers. If you're wondering how this affects your work routine or what to do if you're scheduled to work on a holiday, keep reading. We'll explain everything about this new feature and the labor rights related to the national holiday on November 20.
What is Black Awareness Day and why did it become a national holiday?
Black Awareness Day is dedicated to the memory of Zumbi dos Palmares, one of the greatest symbols of black resistance in Brazil. Before being recognized as a national holiday, the date was considered optional, meaning each city or state could decide whether or not to give the day off. With the new law sanctioned by President Lula, the national holiday on November 20th is now mandatory throughout Brazil.
This decision represents an important step in the appreciation of Afro-Brazilian culture and in the fight for racial equality. From now on, companies and public agencies need to adapt to guarantee workers' rights during this date.
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Is working during the holiday allowed?
Many people wonder whether they can be required to work during a national holiday. The answer is: it depends on the sector. According to the Consolidation of Labor Laws (CLT), essential activities, such as health, safety, transportation and communication, can operate normally on holidays.
In addition, companies that sign Collective Bargaining Agreements with Unions can assign employees, as long as they respect the rights provided, such as double pay or compensatory leave.
What if you get cast?
If you are called to work on a holiday, don't worry, because there are clear rules for this:
- Double pay: If you work on a holiday and do not receive compensatory time off, you are entitled to earn double your daily amount;
- Overtime on holidays: If, in addition to regular working hours, you work overtime, this must be paid with an additional amount of at least 50% on the normal hourly rate.
Labor rights on national holidays
Let's give a practical example: imagine that your salary is R$2.000 and you work 22 days a month. The daily value of your work is about R$91. If you are scheduled on a holiday and do not have compensatory time off, you should receive double, that is, R$182 for that day. If you work overtime, the hourly rate will also be adjusted with the additional amount.
The employer may offer a compensatory leave for days worked during holidays. This compensation is an alternative to double pay and must be agreed between the parties. In many cases, the decision is made based on Collective Labor Agreements.
What happens if you are absent?
If you are scheduled to work on a holiday and fail to show up, the consequences can vary. In general, absence can be considered insubordination, which paves the way for disciplinary measures, including warnings and even dismissal for cause, depending on the severity and frequency of the absences.
However, dismissal for cause is not immediately enforced. The employer must follow a process, issuing warnings and seeking to correct the behavior before taking this more severe measure.
Upcoming national holidays in 2024?
With the new holiday on November 20, the 2024 calendar gains another guaranteed day off. Check out the upcoming national holidays:
- December 25, 2024 (Wednesday) – Christmas
With the approval of the holiday on November 20, many Brazilians are already looking at possible amendments to make better use of their days off.
The importance of the holiday on November 20th
Creating a national holiday on Black Awareness Day is more than just an extra day off on the calendar. It is a way to recognize the historical struggle of the black population in Brazil and to value their culture and contributions. Palmares zombie, a symbol of this resistance, reminds us of the importance of reflecting on racism and promoting equality.
In addition, the holiday provides a moment of learning and celebration in several cities, with cultural events, debates and tributes.
Enjoy the holiday and know your rights
The holiday on November 20, sanctioned by President Lula, is an important achievement for all Brazilians. It not only celebrates resistance and Afro-Brazilian culture, but also guarantees new labor rights. If you are scheduled to work, be aware of the rules regarding compensation or compensatory time off.
Take advantage of this time to rest or take part in celebrations, and remember: knowing your rights is essential to ensuring that they are respected. Now just mark your calendar and plan your next holiday!