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Changes In Labor Law Put Workers’ Legal Right To Vacation At Risk; See The ‘Errors’ That Lead To Total Or Partial Loss Of Benefit
30 Days Of Vacation Is One Of The Main Rights Of Workers With A Signed Employment Contract. However, the current labor law provides situations where this benefit can be reduced or even annulled, depending on the conduct of the employee or the company’s situation.
With stricter rules applied, four specific actions can jeopardize the right to paid leave. The following content explains clearly how the current labor law addresses this topic, based on what is stipulated in the Consolidation of Labor Laws (CLT).
Unjustified Absences Reduce Or Annul The Vacation Period
According to the labor law, a worker who accumulates unjustified absences may have their vacation period gradually reduced. The loss is progressive, depending on the number of absences during the 12-month acquisition period.
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The rule works as follows:
- Up to 5 absences: 30 days of vacation;
- From 6 to 14 absences: 24 days;
- From 15 to 23 absences: 18 days;
- From 24 to 32 absences: 12 days;
- Above 32 absences: total loss of vacation.
Additionally, the company must formally record these absences. If the worker exceeds the limit of 32 unjustified absences, they completely lose the right to rest during that annual cycle.
Paid Leaves And Work Stoppages Also Take The Right Away
Another situation provided in the labor law is the paid leave for more than 30 days. If the worker is dismissed with a salary paid during this period, they lose their right to vacation, as the legislation understands that the leave has already been granted indirectly.
The same applies to work stoppages with salary maintained for more than 30 days. In this case, even if the worker is available, the fact that the activity is suspended without performance of formal function nullifies the acquisition period.
These situations are being applied more rigorously in 2025, especially after updates to the internal inspection norms of the Ministry of Labor.
Removal By INSS For More Than Six Months Zeros The Acquisition Period
According to the CLT, anyone who is away for more than six months in the same 12-month period — due to illness or work accident — loses the cycle of vacation acquisition. In other words, upon returning, the employee will have to start the 12-month cycle again to guarantee a new right.
This item of the labor law is little known but has a significant impact in cases of leave for health treatment. Even if the leave is legitimate and with INSS benefit, the paid rest is reset.
This rule has been applied more frequently in recent years, causing confusion among workers who expected to retain their rights intact upon returning.
Vacation Sale Is Permitted, But Requires Attention To The Rules
Although the labor law allows the worker to sell up to 1/3 of their vacation (10 days), the procedure needs to follow clear rules. Communication must occur before the concession period, and the amount paid must include the additional 1/3 provided for in the Constitution.
For example, someone earning R$ 6,000 can receive:
- R$ 4,000 for vacation (20 days);
- R$ 2,000 for pecuniary bonus (10 days sold);
- R$ 2,000 for constitutional additional (1/3 on R$ 6,000);
Total: R$ 10,000 during the vacation period.
Selling vacation is a valid option, but the worker should consider the impact on physical and mental rest. It is essential to remember that the purpose of labor law is to ensure the recovery of the worker’s health.
Groups That Do Not Have The Right To Vacation Under The CLT
The labor law also specifies who is not covered by the vacation regime of the CLT. Excluded from this protection are:
- Self-employed and freelancers;
- Interns (governed by their own law);
- Workers with more than 32 unjustified absences;
- Dismissed for just cause before completing 12 months;
- Away for more than six months with INSS benefit.
These groups follow specific rules and do not accumulate vacation like workers employed under the CLT regime.
Have you ever had your vacation reduced or lost due to any of these situations? Do you think the labor law should be more flexible in these cases? Share your experience in the comments.
Gostaria de saber trabalho a 10 anos em uma fábrica e peguei apenas 3 férias .e quando falo no assunto meu patrão dia que não pode . não e obrigado por lei ele cumprir.?
Isso da recisão indireta pq se ele deixar vencer duas ele tem q te pagar 3. Então ele tem q te dar férias sim.
Cada dia mais vem tirando sorrateiramente os direitos conquistados oelos trabalhadores. Muito triste isso!!!😥😥😥
Mona, essa lei existe a anos já.
Pra quem vive sempre informado sabe que essa lei já existe a um bom tempo
Exatamente. Não é nenhuma novidade para mim.