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Since The Labor Reform of 2017, The CLT Allows Splitting Vacation Into Up to Three Periods, But Only If There Is a Written Agreement With The Employer and Respecting Minimum Rules (14 + 5 + 5 Days).
According to lawyer Ricardo Azevedo, the updated CLT after the Labor Reform of 2017 brought more flexibility for workers by allowing vacation to be split into up to three periods. Previously, the maximum allowed was the division into two blocks, one of which had to be at least 10 consecutive days.
In practice, the new rule allows employees to better organize their breaks and align with family calendars or long holidays, but this division only applies if there is a written agreement with the employer. Without this formalization, vacation remains at 30 consecutive days or split into two periods.
How Does The 14 + 5 + 5 Days Rule Work?
The updated CLT establishes that, when splitting vacation into three periods, one of them must have at least 14 consecutive days and the others cannot be less than 5 days each. This format prevents the worker from having very short breaks, which would undermine the right to adequate rest.
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For example, a worker can take 14 days in December, 8 days during Carnival, and another 8 in July. This division provides more freedom to reconcile personal and family commitments and also allows for better enjoyment of extended holidays.
Agreement Needs to Be Formalized
It is important to emphasize that the splitting of vacation cannot be decided unilaterally. The company must agree, and the agreement must be made in writing. The law also prohibits the start of vacation from occurring in the two days preceding holidays or weekly paid rest, to avoid artificially reducing rest time.
According to Ricardo Azevedo, this care prevents labor conflicts and ensures that both the company and the employee are aware of the chosen division.
What Rights Remain Guaranteed?
Even with the division into up to three periods, the worker retains all rights provided for in the updated CLT. This includes receiving full compensation, the constitutional additional of 1/3 on the salary, and job security against dismissal during the vacation period.
Furthermore, there is the possibility of requesting an advance of up to 50% of the 13th salary during one of the vacation periods, but this choice can only be made once a year. The benefit remains valid regardless of how the vacation is organized.
Is It Worth Splitting Vacation?
According to experts, the answer depends on each case. The full 30-day break may be more advantageous for those planning a long trip, while splitting into three periods may be useful for those who prefer smaller breaks throughout the year.
What’s important is that the decision is planned together with the company and meets the worker’s needs, without undermining the right to rest guaranteed by the legislation.
The updated CLT has guaranteed since 2017 that the worker can split their vacation into up to three periods, following the rule of 14 + 5 + 5 days. This flexibility represents an advancement, but depends on a written agreement between employee and employer to be valid.
Do you think splitting vacation into up to three periods is really advantageous? Or do you prefer the 30 consecutive days off? Leave your opinion in the comments—we want to hear from those who have tried these options in practice.
Melhor os 30 dias de férias
Prefiro ferias de 20 dias, o fracionamento em 3 períodos impossibilita o abono pecuniário.
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