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Even on National Holidays, Can Workers Be Called on May 1st? — Understand the Legal Rules, Mandatory Compensations, and Limits That Need to Be Respected
Today, May 1st, the anticipated Labor Day, many professionals rest. But there are those who continue to work, even with the holiday set forth in the Consolidation of Labor Laws (CLT).
This happens because the law allows exceptions in some sectors. The question is: what happens when the employee is called to work on this day?
When Working on Holidays Is Allowed
Working on holidays can indeed be authorized. But it must be provided for by law or in a collective agreement negotiated between unions and employers. This means that, for some sectors, working on Labor Day is legally possible.
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How Compensation Should Be
When there is work on a holiday, the employee is entitled to compensations. Payment can be made at double the rate or converted into another day off. The method of compensation depends on the collective agreement, meaning the choice depends on the presence or absence of provisions in the collective norm.
If there is an agreement between the parties, work on the holiday can even be included in a bank of hours.
If there is no specific collective norm, the employee and employer can decide together on the method of compensation.
Can Missing on a Holiday Result in Penalties?
If the employee is called and misses without justification, there may be penalties. However, a simple absence, by itself, does not lead directly to dismissal for just cause.
If the employee misses, they may have the day deducted from their salary and, depending on their previous behavior, may also receive a warning, be suspended, or even dismissed for just cause. However, this last measure should only occur when the absence is part of a pattern of previous absences.
Thus, it is important for the employee to carefully evaluate the situation before not attending work on a holiday, even on May 1st.
And What About Those Who Are Not Called?
For those who are not called, May 1st remains a regular holiday. Companies may still choose to grant time off on nearby days, like Friday, extending the break with the weekend.
But this practice, known as “bridging the holiday”, is not mandatory.
Working on Labor Day is an exception, but it is legal when authorized by collective norms or legislation.
Those who work should receive double pay or have another day off. And missing without reason can lead to consequences, even if not immediate.
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