After two years without in-person parties due to the pandemic, many Brazilians are looking forward to the Carnival this year, which will take place between the 18th and 21st of February. But does anyone who works have the right to enjoy four days of partying without having to worry about clocking in and going to work?
One of the most anticipated dates for Brazilians is not consideredNational holiday, unless there are municipal or state laws that make the day off official. Which means that, during Carnival, companies are not obliged to release their employees, in addition to having the power to summon the professional to work without the need to pay hourly extra.
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However, as it is an event with great national and cultural appeal, employers and employees can make agreements during this period.
Workers' rights during Carnival
State or Municipal Holiday
In states where there is state or municipal law that considers the date as a holiday, revelers will be entitled to take time off. Rio de Janeiro is the only Brazilian state to consider the date as a holiday. Therefore, in this case, cariocas are entitled to time off and double pay for working hours.
Other cities and states consider Carnival as an optional event, as is the case of São Paulo, which declared an optional event for municipal employees on February 20th and 21st. On the 22nd, it will be an optional point until 12h.
It is important to emphasize that, for many categories, the decision not to work during the optional period is guided by collective agreements. Banks, for example, follow a resolution by the National Monetary Council, which does not consider business days for the purposes of banking operations, such as Monday and Tuesday of Carnival.
agreements and absences
It is usual for employers and employees to agree not to work on Carnival days. The most recurrent of these is the hour compensation agreement. In this case, one of the alternatives is to offer the employee the option of extending the working day for a few days a week to compensate for the hours not worked during the holiday period.
Now, in case the company chooses to keep the working hours during the holidays and the employee misses the work without justification, the day may be discounted, and it is also possible not to pay the rest day weekly. In some cases, the professional may also receive discounts on vacation, as well as on the basic food basket and other benefits.
Replacement of hours
During the Carnival period, the company that decides to dismiss employees on its own cannot deduct the day from the salary or demand compensation for hours.
In cities where Carnival is considered a municipal holiday, the worker also has the right to a rest day guaranteed by law. In this situation, if the employee needs to perform his duties, he must receive double the amounts.