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Understand What The CLT Says About Anticipated Vacation And In Which Cases This Is Permitted By Law
The question about taking a vacation before completing 12 months of work is common among professionals with formal employment. According to Brazilian legislation, this right exists, but it depends on specific conditions and the way the company conducts the contractual regime.
According to the CLT (Consolidation of Labor Laws), the worker acquires the right to 30 days of vacation only after 12 months of employment, a period known as acquisition period. However, there are exceptions that allow for the anticipation of the break, as long as it complies with what the legislation provides.
What Does The Law Say About Vacation Before 1 Year?
Article 134 of the CLT states that the worker can only enjoy vacation after completing one year of service. This is the minimum time required for the right to be consolidated. However, the company can grant vacation before this deadline, through individual or collective agreement, which is known as anticipated vacation.
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This model is common in situations such as collective vacation, company calendar adjustments, or the worker’s own need. Even in this case, payment must follow the CLT rules: the vacation salary must be paid up to two days before the break starts, with a third added to the amount.
Did The Labor Reform Change Any Rule?
Yes. With the Labor Reform of 2017, vacation can be divided into up to three periods, provided that one of them has at least 14 consecutive days and the others are not less than 5 days each. This flexibility allows for better organization for both the company and the employee.
Additionally, the worker can sell up to 10 days of vacation, converting part of the break into additional remuneration. The company, in turn, must notify at least 30 days in advance about the beginning of the vacation, which still applies even in the case of anticipation.
What Are The Rights Guaranteed To The CLT Worker?
In addition to vacation, the CLT employment regime guarantees a series of legal benefits, including:
- 13th Salary
- FGTS
- INSS Contribution
- Parental Leave
- Unemployment Insurance
- Job Security in Case of Pregnancy or Workplace Accident
These rights reinforce the importance of understanding what is provided by law before accepting or requesting anticipated vacation.
Have you taken vacation before completing 12 months of work? Do you believe that anticipation can be beneficial or disrupt the company’s routine? Share your experience in the comments; your opinion can help other workers plan better.
