Companies that accept vacation sales will be fined, as this is something that goes against the CLT
Several companies make use of the illegal practice of holiday sales, which goes against Article 134 of the Consolidation of Labor Laws (CLT). The article deals with the right to vacation after the period of 12 months of service provision. Many employees end up not having the notion that selling vacations is an illegal practice, which is why, according to lawyer André Leonardo Couto, from ALC Advogados, even though he is an indispensable employee, companies should give him the right to rest and enjoy the 30 days of rest.
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Lawyer's explanation of the vacation sale
Companies cannot interrupt the employee's rest period provided for in article 143 of the CLT without bearing the costs of this action, according to the law professional.
“The purpose of vacations is to rest and repair the worker's physical and mental health, that is, a legal rule linked to the right to health. Thus, during the off-duty period, no interruption can be made, whether by phone, email, messaging apps or any other way. The employer may have a question and need to get in touch, but it is worth remembering that, in this case, the employee can apply for double vacation payment, not only for the days of interruption, but with the right to double payment for the total vacation period object of the interruption”, he explains.
According to the specialist, during the period of work via home office, there is no flexibility on vacation, because the rules of Provisional Measure 927 no longer remain. The sale of vacations is not legal and only 10 days of vacation can be converted into allowance according to article 143 of the CLT, complements the lawyer.
“In view of the fact that MP 927 was not converted into law, the rules provided for in the CLT, in Articles 129 and following remain. As for the sale of vacations, I reiterate that such a situation is completely illegal. What is allowed is only the conversion of 10 days of vacation into a bonus and, also, on the initiative of the employee, as authorized by Article 143 of the CLT”, highlights André Leonardo Couto.
Information highlighted by the employment lawyer
The employee can stay without taking vacations for up to 12 months and that the rest period cannot be advanced by companies under any circumstances, highlights the lawyer. He also recalls that this also applies to cases of positions of trust, such as managers and supervisors.
“The maximum period for taking vacations is up to 12 months after the date on which the employee acquired the right. As for the issue of advancing vacations for the employee, in my understanding, 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 with regard to vacations. In other words, the rule is the same for everyone, with no distinction of category of workers”, concludes the specialist in Labor Law.
