Right to vacation: know your rights and how to exercise them!

On vacation, some like to travel, others like to be able to enjoy their home and be worry-free, or visit friends they haven't seen for a long time.

Regardless of what you want to do in your free time, this is a right for all workers, and even much expected by them.

But do you know how this right works in practice?

What are my rights related to vacation?

According to CLT, the consolidation of labor laws, in article 7, which deals with the rights of urban and rural workers, the right to annual and paid leave for urban and rural workers is guaranteed.

This right and benefit It has existed since 1943 and was established by the CLT, and from 1988 onwards, workers not only had the right to vacation, but also a remuneration of ⅓ of their salary.

In Brazil, the vacation period to which workers are entitled is 30 calendar days. This period can be divided into up to three parts, one of which must be at least 14 consecutive days.

Furthermore, the vacation period must be given to the employee within a period of 12 months from the date on which the employee acquired the right, i.e., when he was hired.

Who is entitled to vacation?

The right to vacation is normally granted to salaried workers, who have an employment relationship with a company or employer. 

And those who have this right are workers who are under the CLT regime in Brazil and public employees as well.

For part-time workers, this will depend on the company and the number of hours worked, the same thing goes for temporary workers.

For self-employed workers and freelancers, holidays are generally not granted as they are not formal employees.

Is PJ entitled to vacation?

In Brazil, the number of workers in the PJ regime, that is, in the legal entity regime, is growing. They work independently or as service providers to companies, and technically do not have this right;

At least they do not have paid rest according to CLT labor legislation in our country.

But depending on the company and the agreement made with the professional, it is possible for a worker under a PJ regime to have vacation, but all conditions such as number of days and remuneration will depend on the agreement made.

Remuneration and allowance

When a worker takes his vacation, he is entitled to receive his normal remuneration, that is, the amount corresponding to the salary he would receive if he were working normally during that period.

In addition to the normal salary, the remuneration for this period includes some other elements that make up the worker's remuneration, such as additional payments, bonuses, commissions and overtime.

It is important to highlight that the remuneration for the period must be paid up to two days before the start of the rest period.

The allowance is known as a constitutional third, a right guaranteed by law to workers who take advantage of their vacations.

The bonus corresponds to 1/3 (one third) of the total amount of vacation pay. For example, if holiday pay is R$ 3,000, the allowance will be R$ 1,000 (1/3 of R$ 3,000).