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The Irregular Division of Vacation, Without Observing the Limits Established by the CLT, Can Result in the Employer Being Condemned to Double Payment, Affecting FGTS, 13th Salary, and Even Retirement.
Vacation is seen as one of the main labor rights, guaranteed by article 7 of the Constitution and by the CLT (art. 129). More than just rest, they represent a moment of physical and mental recovery, as well as financial relief, since the worker receives their salary plus 1/3 constitutional.
However, in recent years, thousands of lawsuits have reached the courts because employers have started irregularly dividing vacation into smaller periods without observing the law. The result? The Justice system has determined that these cases generate double payment, with impacts on other rights such as FGTS, 13th salary, and even retirement.
What the CLT Says About Split Vacation
The CLT, in art. 134, is clear:
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- Vacation must be granted in a single period, unless there is an exception.
- After the Labor Reform of 2017, it became permissible to split into up to three periods, provided that one of them has at least 14 consecutive days.
- None of the periods can be less than 5 consecutive days.
- And, importantly: the split must be by mutual agreement between employee and employer.
In practice, many companies have ignored these rules, imposing splits without authorization or dividing vacation into periods shorter than allowed by law.
The Position of the TST and the Precedent That Ensures Double Payment
The Superior Labor Court (TST) has already consolidated an understanding in Precedent 450:
“Double payment of vacation remuneration, including the constitutional third, is due when, even if taken at the right time, the employer has failed to comply with the payment deadline provided for in art. 145 of the CLT.”
In other words, in addition to irregular splitting, even a delay in the payment of vacation remuneration already guarantees the worker the right to double payment.
In cases of illegal splitting, courts have applied the same logic, determining significant indemnities.
Concrete Cases That Reached Justice
- Labor Court of the 2nd Region (SP): a telemarketing company was ordered to pay double vacation because it divided periods without the employee’s consent. The amount exceeded R$ 18,000.
- Labor Court of the 15th Region (Campinas): employees in the food industry won a collective lawsuit as vacation was imposed in periods of only 3 days. The ruling forced the company to pay double for hundreds of workers.
- TST: confirmed that in cases of non-compliance with article 134 of the CLT, there is the right to double payment, even if the employee has taken the days off.
These precedents show that the Justice system is firm in protecting workers against abuse.
The Financial Impact for the Worker
Double payment can lead to significant amounts. Here’s a practical example:
- Base salary: R$ 3,000
- Normal value of vacation: R$ 3,000 + R$ 1,000 (1/3) = R$ 4,000
- If paid double: R$ 8,000
- In cases of consecutive years of irregularity, the arrears can exceed R$ 20,000 in individual lawsuits.
When considering the impact on the 13th salary, FGTS, and overtime, the value can be even higher.
How the Worker Can Act
- Check Vacation History: verify how vacation was granted in the last five years (prescriptive period).
- Check Payment Receipts: if there was a delay or undue splitting, proof already exists.
- Keep Conversations and Communications: emails, internal notices, or records can prove that the division was imposed.
- Consult a Lawyer or Union: to assess the feasibility of filing a labor lawsuit.
Many workers only discover they are entitled to double payment when consulting a specialist.
The Employers’ Side
For employers, the jurisprudence serves as a warning. Irregularly splitting vacation or delaying payments means facing double costs. Additionally, there is a risk of collective actions that can result in millions in indemnities.
Labor law specialists warn that respecting the law is cheaper than facing the Justice system.
The Weight of the Decision for the Future of Labor Relations
The protection of vacation shows that the Justice system does not see rest as a mere benefit but as an essential right to the health of the worker. Double payment is a way to punish companies that disrespect the law and ensure that the worker is not harmed.
With the digitization of processes and easier access to Justice, the trend is that more and more actions will be filed claiming improperly paid vacation, especially after the Labor Reform that relaxed the rules.
Irregularly Split Vacation Gives Money Back
The message from Justice is clear: vacation cannot be manipulated at the employer’s whim. Whenever there is illegal splitting or a delay in payment, the worker is entitled to receive double, with impacts on all other rights.
For many, this means indemnities in the thousands of reais and a victory against abusive practices that seek to turn rest into harm.
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