The possibility of exercising professional activity during vacation periods or absence of work is a frequent issue, but whose answer depends on the specific legal framework. The legislation does not treat all cases in the same way, and it is necessary to analyze the rules applicable to each situation.
The Labor Code is clear about work during the holidays: the worker should not provide service to another entity during this period. This rule exists to ensure that vacation fulfill its main purpose, which is to allow the physical and mental recovery of the worker. As Leal Beloved states, the holidays serve to “rest the body and regeneration of the mind.”
However, there are exceptions. If the worker already exercised a secondary activity before starting the holidays, either on his own or to another entity, he can continue to perform it. In addition, if the main employer expressly authorizes work during this period, the restriction ceases to apply. If a worker violates this rule without permission, he may face disciplinary sanctions and have to return both the vacation’s salary and the respective subsidy.
In the case of the medical low, the law assumes that a worker unable to his usual function is not in a position to perform another work. Thus, performing any activity during this period can be interpreted as an indication that the low was obtained fraudulently. If it is proved that the worker has made false statements, he may lose the right to sickness subsidy and be dismissed with just cause.
However, when disability results from an accident at work, the situation may be different. If the incapacity is temporary and partial, there may be margin to perform certain functions compatible with this condition. If it is absolute, the prohibition of working remains.
According to, with regard to licenses, the logic is similar. For example, parental license exists so that parents can follow the first months of the child’s life. If a worker chooses not to enjoy this time, he may return to work, but if he decides to do another professional activity without communicating this decision, he will be violating the rules. Social Security states that parental allowance cannot be accumulated with work income, except in specific cases, such as the enjoyment of the corresponding initial or extended parental license.
If a worker works during the parental license without complying with the legal requirements, he may lose the subsidy and be the subject of a disciplinary proceedings, which may culminate in the dismissal with just cause.
Regarding license without remuneration, the possibility of working will depend on the terms in which it was granted. If the license is obtained by agreement and there is authorization to perform another activity, there is no legal impediment. However, if the license was requested unilaterally, with the declared purpose of allowing studies or other specific justification, and the worker decides to use it to work without authorization, may be accused of acting in bad faith and facing disciplinary sanctions.
Regardless of the case, any legal consequence for the worker requires the employer to clearly prove that there was an infringement. This process can be complex as it is up to the employer to gather sufficient evidence to justify any sanctions.
Working during rest periods or absence of employment is subject to specific rules and, in many cases, depends on the authorization of the employer. Infringement of these norms can have serious consequences, from the loss of benefits to dismissal.
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