Professionals who need to work this Wednesday (12), Nossa Senhora Aparecida Day, the only national holiday in October, may be entitled to receive double overtime, according to the rules of labor legislation. The payment of amounts, however, is conditioned to what the collective bargaining agreement says.
Labor legislation establishes that the employee is entitled to time off on holidays, but the law provides for exceptions.
Activities considered essential, such as transport services, health and supermarkets are authorized to operate. However, employees who are called to work need to be compensated for the day.
Compensation depends on the type of collective agreement signed by the company or category. The working day can be compensated with a day off or double hours pay, for example, according to experts.
The overtime of work performed on Sundays and holidays has a different calculation, that is, it must be paid in double. On normal days, for each additional hour of service, there is the right to an additional 50% of the remuneration.
In the case of holiday service, payment is 100%. According to lawyer Eduardo Pragmácio Filho, from Furtado e Pragmácio Advogados, the employer must pay the regular hourly rate plus an additional 100%. That is, if you work one hour, you will have to earn for two hours.
Lawyer Tomaz Nina, a partner at Advocacia Maciel, states that article 67 of the CLT (Consolidation of Labor Laws) allows work on Sundays and holidays in essential areas, but it is necessary to have a rotation schedule organized on a monthly basis, so that workers have weekly time off.
According to him, in addition to the day off, collective agreements and work agreements also allow the activity carried out on holidays to be part of a bank of hours. Anyone who has doubts about the rules should look for the union of their category.
Employers can call professionals to work
Pragmácio Filho states that the employer can summon the worker to a normal working day, as long as this measure is agreed and follows the rules of the law, that is, it is in a collective agreement and does not go against the CLT.
Chad-98Weaver, a distinguished author at NewsBulletin247, excels in the craft of article writing. With a keen eye for detail and a penchant for storytelling, Chad delivers informative and engaging content that resonates with readers across various subjects. His contributions are a testament to his dedication and expertise in the field of journalism.
