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Many people think that today is a holiday, but is it really? Learn the difference between a holiday and an optional day off, find out if your day off is mandatory or depends on the company, understand who is entitled to double pay and avoid surprises in your salary!
Many people are still unsure whether Tuesday (4) is a holiday or not. Since banks and schools are closed, the perception is that the date is a day off. However, both Monday (3) and Tuesday (4) are not part of the national holiday calendar. According to the Ministry of Management and Innovation, they are considered optional holidays, meaning the day off is not mandatory. But what does this mean in practice? Let's understand better.
What is a holiday and what is an optional holiday?
The difference between a holiday and a public holiday is essential to understanding workers' rights. According to lawyer Aloísio Costa Junior, a specialist in labor law, a holiday is a day defined by law to celebrate important events in the culture and history of each location. During a holiday, the general rule is that work should not occur unless it is essential for the company. In this case, the employer must grant compensatory time off or pay double pay.
However, the optional holiday is not provided for by law. This means that companies are free to decide whether to give employees time off or to continue working as normal. If the employer chooses to release the employee, they cannot deduct this time off from their salary.
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Is Carnival a holiday or an optional holiday?
One of the biggest questions workers have is about Carnival. Despite the popular idea that it is a long weekend, Carnival is not a national holiday. What happens is that some states and municipalities declare the date a local holiday, while in others it is just an optional holiday.
In places where Carnival is a holiday, the worker has the right the day off. If you are called to work, you should receive double pay or be given compensatory time off in the same week. In cities where it is optional, it is up to the company to decide whether or not to release employees. In some cases, an agreement to compensate for working hours may be established.
What happens if the worker is called to work?
According to the R7 portal, if the date is an official holiday and the worker is called to work, he is entitled to double pay or compensatory time off.
If Carnival is only an optional holiday, there is no obligation to pay extra. However, compensation can be made through a time bank, as long as it is agreed in advance.
If a worker is absent without justification on a date that is not a holiday, he or she may suffer penalties such as:
Salary discount, verbal or written warning, suspension in cases of repeat offenses and dismissal for just cause if there is continued non-compliance with company rules
How can companies manage time off?
Even where Carnival is not a holiday, many companies prefer to give their employees time off. To do this, there are a few strategies:
- Advance compensation for hours not worked.
- Time bank, so that the worker can make up the time later.
- Time off without the need for compensation, as a benefit to the employee.
If the company does not give prior notice about the need compensation, the time off will be considered paid, at no cost to the employee.
Cities where Carnival is a holiday
The worker has the right to time off.
If you are called to work, you must receive double pay or compensatory time off until the following week.
Payment may be regulated by union agreements or collective agreements.
Cities where Carnival is an optional holiday
The recess depends on the company's decision.
There may be a requirement for future compensation for time off.
If the company does not require compensation, the time off is paid.
Workers who are absent without permission may be subject to punishment.
Workers' rights and duties
Carnival is not a national holiday.
If there is no holiday in the city, it is considered a normal working day.
The optional point does not oblige private businesses to grant time off.
Where Carnival is a holiday, workers are entitled to time off or double pay.
Companies can establish a time bank to compensate for time off.
Unexcused absences may result in warnings or discounts.
