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Companies That Allow Vacation Sales Will Be Fined, As It Goes Against the CLT
Various companies engage in the illegal practice of vacation sales, which violates Article 134 of the Consolidation of Labor Laws (CLT). The article pertains to the right to vacation after a period of 12 months of service. Many employees are often unaware that selling vacation is an illegal practice; therefore, according to attorney André Leonardo Couto from ALC Advogados, even if an employee is indispensable, companies must grant them the right to rest and enjoy the 30 days of time off.
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Lawyer’s Explanation on Vacation Sales
Companies cannot interrupt an employee’s rest period as provided in Article 143 of the CLT without incurring the costs of such action, according to the legal professional.
“The purpose of vacations is for the rest and physical and mental recovery of the worker, meaning a legal norm associated with the right to health. Thus, during the vacation period, no interruptions can occur, whether by phone, email, messaging apps, or any other means. The employer may have a question and need to reach out, but it is important to remember that in this case, the employee can claim double payment for the vacations, not only for the days of interruption but entitling them to double payment for the total vacation period subject to interruption,” he explains.
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According to the specialist, during the work-from-home period, there is no flexibility with vacations, especially since the rules of Provisional Measure 927 are no longer in effect. Selling vacations is illegal, and only 10 days of vacation can be converted into a monetary bonus according to Article 143 of the CLT, the lawyer adds.
“Since Provisional Measure 927 was not converted into law, the rules set forth in the CLT, in Articles 129 and subsequent ones, remain in force. Concerning vacation sales, I reiterate that this situation is entirely illegal. What is permitted is only the conversion of 10 days of vacation into a monetary bonus and, moreover, at the employee’s initiative, as authorized by Article 143 of the CLT,” emphasizes André Leonardo Couto.
Information Highlighted by the Labor Lawyer
The employee can go without taking vacation for up to 12 months, and the rest period cannot be advanced by companies under any circumstances, the lawyer emphasizes. He also points out that this applies to positions of trust, such as managers and supervisors.
“The maximum period for taking vacations is up to 12 months following the date when the employee acquired the right. Regarding the issue of advancing vacations for the employee, in my view, vacations can only be advanced in the form of collective vacations. Other than that, they can never be advanced. In the case of positions of trust, such as managers and supervisors, there is no flexibility concerning vacations. That is, the rule is the same for everyone, with no distinction between categories of workers,” concludes the labor law specialist.
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