2023 will be the year of the amended holiday; see how to negotiate your time off

In contrast to 2022, when only four holidays had amendments and three fell on the weekend, this year there will be five amendments and only one festive date will not give a day off.

The worker is entitled to rest on at least one day of the week and on holidays, in accordance with Brazilian law. Jobs that require activity on these days, considered essential categories such as those in areas related to health and entertainment, must reward the employee with time off or double pay.

Understand below the rights of workers and how to negotiate with the employer the 2023 holiday amendments.

How is the 2023 calendar?

This year, only Easter and New Year’s Day, January 1st, fall on the weekend. Among the rest, the Proclamation of the Republic, on November 15, is the only holiday on a Wednesday — that is, without amendment with the weekend.

*Facultative point

It is the right of workers to have a weekly paid rest of 24 hours, preferably on Sundays, and to be off on holidays.

“Services that require work on Sundays require a shift schedule”, says Renato Sabino, judge of the 62nd Labor Court of São Paulo.

Normally, there is confusion about the optional point — the case of Carnival and Corpus Christi. This appeal does not decree holidays, it is an administrative act that exempts public servants from work at municipal, state or federal levels, depending on the federative entity responsible for the decision.

There is also the possibility for municipalities to declare a holiday on optional days – which usually happens with Carnival, for example. Even if there is no decree, it is common for even private companies to release employees, due to the tradition of the date.

In the case of amendments with the weekend that allow bridges (such as the holidays that fall on Tuesday and Thursday), the most common is to use the bank of hours to release employees on Monday or Friday.

How does work pay on days off work?

An employer who needs employees on rest days or holidays has two options: give them compensatory time off or pay double for that day’s work.

That is, if the employee earns R$ 100 per day, the remuneration for his day of work on a public holiday will be R$ 200. This rule, however, does not apply to any overtime hours on the day off, which will be remunerated as weekday: with an additional 50%. In some cases, overtime on holidays is also paid double when there is a collective agreement negotiated by the unions.

If the employer does not want to pay these amounts, it is necessary to give compensatory time off for the day worked. It is important to remember that this break needs to be 24 hours and cannot be diluted in more than one day, as with overtime.

The holiday compensation rule must be provided for in negotiation between employees and employers.

The norms that define the rights of professionals who have a formal contract are in article 67 of the CLT (Consolidation of Labor Laws), which determines weekly paid rest of 24 hours a week, preferably on Sundays or part of it.

The exception is in the essential categories, which may have a different rule. There is a list of 122 categories authorized to work on Sundays and holidays, as per the federal government decree published in November 2021.

None of this applies to anyone providing services as a PC.

“All labor rights are intended for employees, those who have a formal contract”, says Sabino. “PCs are independent companies providing services to other independent companies. There’s no way for one to command the other. When there’s a fraud, it’s something else.”

If working as an employee, the worker can seek recognition that he is an employee and ask for his rights, according to the judge.

How to negotiate with the boss?

Many companies already have a procedure ready from other years. For workers at smaller or newer companies who don’t have a track record to draw on, you need to act early and together.

Companies with more than 200 employees need to have a representative, who must be the person to negotiate with the manager or HR, depending on the hierarchy of the organization. Minors can elect an interlocutor to speak with the guardian.

“I always recommend making collective agreements, together with leadership and HR, and thinking about forecasting holidays and how compensation will be”, says psychologist Maria Claudia Martins, a specialist in people management. The ideal, she says, is to go with the solution: propose that each team works in a period, for example.

“Today’s generation prioritizes leisure and moments with family. Companies need to adapt to this”, he says.