Do you know when you are allowed to miss work without having your salary deducted?

We know that missing work is something that makes everyone a bit apprehensive, afraid of missing work and being looked down upon, at the risk of having their salary jeopardized. It is important to fulfill your obligations, but there are certain cases where showing up for work does not depend solely on the employee's will. And that's why we're going to check it out next. what are the situations that do not penalize the employee, in accordance with labor legislation.

Cases where the employee should not be penalized for missing work

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The CLT - Consolidation of Labor Laws, the Brazilian legislation, established 16 situations, where the absence of the worker in his job, should not be penalized, which means that it cannot be considered a fault or cause damage to the monthly salary of that employee.

Here are 5 of those occasions:

  1. According to article 131 of the CLT, it must be paid by the company, without any type of discount on the that employee's salary, absence during compulsory licensing, due to maternity or abortion. A compulsory license is one required by law.
  2. In addition to what we mentioned above, article 131 of the CLT also ensures payment to the employee during suspension preventive detention, so that he can respond to an investigation, or in case of preventive detention, provided that he is not condemned.
  3. The company will not be able to penalize the employee who suffers from health conditions, such as tendinitis in the wrist region and carpal tunnel, which are often classified as RSI (repetitive strain injury) and/or Dort (musculoskeletal disorders work-related), in addition to serious illnesses such as depression, Covid-19 and cancer, among others attested by the National Institute of Social Security. And in addition to accidents at work, which lead to the removal of the employee, they should not lead to a decrease in salary. Missing work for health reasons is paid by the company itself for a period of up to 15 days, supported by a medical certificate. After that time, it is necessary to apply for sickness benefit, a benefit granted by the INSS.
  4. If there are days when there is no work at the company, regardless of the reason, the employee should not be deducted from his salary.
  5. In the Consolidation of Labor Laws, the absences listed in article 473 are also considered justified. That one of them is the removal of two consecutive days in case of death of the spouse, father and mother, children and grandchildren, brother or any another person who is economically dependent on the employee, as long as the condition is declared in his/her Employment and Social Security Card Social
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