Working on holidays: Rights, duties and working hours management

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Who doesn't like a holiday to relax and take a break from the hustle and bustle of everyday work, right? Brazil is the seventh country with the most holidays in the world, and many people usually take a break when these days off fall on Tuesdays or Thursdays.

However, even if your industry doesn't require you to work on weekends and holidays, you've probably noticed how many people do. They are usually workers in general commerce, food, entertainment, leisure, security and health, who continue to work on these days, often on shifts and in shifts.

And here the big question that arises for many professionals is: am I obliged to work on a holiday ? Let's see what the law tells us about workers' rights and the obligations of companies in these cases, as well as how to take a balanced approach so that there is no harm to either the companies or the workers.

In this context, we will also explore how shift management can be a key ally chile whatsapp list in ensuring efficient operation during holidays and weekends, meeting the needs of everyone involved. Let's go!

Rights and obligations at work on public holidays
The CLT is not very specific when talking about work on holidays. Its Art. 70 only tells us that work is prohibited on national and religious holidays.

However, the situations described in Articles 68 and 69 are considered exceptions, which only contain some rules that deal with work on Sundays, which should only be carried out in cases where activities that, due to their nature or public convenience, must be carried out on this day of the week.

Law 605/1949 addresses the issue of working on holidays and admits that there are certain activities that cannot be stopped due to technical impositions. Let's see what it says in articles 8 and 9:

Art. 8 Except in cases where the execution of the service is imposed by the technical requirements of the companies, work on public and religious holidays is prohibited, although employees are guaranteed the respective remuneration, in compliance with the provisions of articles 6 and 7 of this law.

Art. 9º In activities where it is not possible, due to the technical requirements of the companies, to suspend work on civil and religious holidays, remuneration will be paid double, unless the employer determines another day off.

In other words, if an employee is called to work on a holiday, he or she must receive double the amount for the day's work or may receive another day of paid rest .

It is up to the employee to agree with his/her superior on a day available for the change, which may even be extended to the weekend. The important thing is that this change is made in the same week, in order to comply with the 24 hours of paid weekly rest provided for in Law 605/49.

There is no legal provision regarding the number of days worked or off on Sundays and holidays, but it is recommended that the day off should be one Sunday every maximum period of 3 weeks.

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What happens when the holiday falls on a Sunday?
Any holiday worked that is not compensated must be paid double, as is the case with Sundays. Therefore, we say that overtime worked on Sundays and holidays is paid with an additional 100% .

On the other hand, if an employee works in a company that is included in the list of activities required by law or collective agreements and is absent from work without justification, even on a holiday, he or she may receive a warning. And if he or she already has a history of other warnings and suspensions, he or she may be dismissed for just cause.

Internal policies and collective agreements on working on public holidays
Unions, both employees' and employers', remain authorized to negotiate and regulate the matter in a manner different from the ordinance.

Both companies and employees must pay special attention to collective agreements. This is because they can be made internally by the company and accepted by the majority of employees.

But remember that if everything is not prepared specifically within the law, the company will run the risk of being reported and having to pay compensation to its employees.

Flexible approach, recognition and incentives for working on holidays
Working on Sundays and holidays isn’t always fun. Imagine your whole family getting together on Christmas Eve and you’re working? It’s not easy, is it?

So, in the case of companies that need their employees on Sundays and holidays , which in principle would be a day of rest with the family, a more humanitarian approach should be used and the employee should be shown the importance of their presence in the workplace.

Recognition through incentives is also very welcome. Providing, for example, a healthy meal, a gift, or even a reward are things that please the employee and end up making their work on these dates a little lighter.