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Millions of Brazilians around the country are eagerly awaiting Carnavalthat this year will be in March. However, unlike many think, the period is not considered national holidaywhich can cause several doubts about clearances during the revelry.
Generally, companies are not required to provide employees during the revelry. However, it is recommended be aware of with it municipal, state and collective norms for possible exceptions.
Like the days March 3 and 4as well as part of is 5 (Gray Wednesday) They are considered optional in the government calendar, only civil servants are dismissed at work during the dates. Other workers do not have special rights in the period.
A CNN prepared a guide with the main Questions about how clearances work during carnival.
Reproduction
Are companies required to take time off at Carnival?
As companies are not required to give their employees offsince carnival is not a national holiday, explains Marília Minicucci, lawyer and partner of the Chode Minicucci Lithtler.
However, there are alternatives for workers to enjoy the revelry if combined in advance.
“Although the carnival is not provided for by law, there is possible exceptions, when provided for in Collective Labor Agreement or Agreementsigned between the company and the employees ‘union, or between the employers’ union and the employees, respectively, ”he adds.
In addition, according to the expert, Some cities or states may have carnival as a holiday in their official calendars.
In Rio de Janeiro, for example, Carnival Tuesday is made official as a state holiday, through Law 5.243/2008.
Can employees ask for time off during the period?
It is possible that employees ask carnival clearance, but employers are not required to accept due to the absence of legal obligation.
An alternative, commonly accepted, is the Use of hours compensation or hours bank. In this case, Employees can compensate for days off during the carnival, with overtime performed before or after the period.
“This is only possible, however, for employees who have journey control, that is, those who do not occupy trust or perform external activities,” explains the lawyer.
What are the options for companies that want to take time off?
Also according to the expert, the employer has the right to grant paid clearances, if he wishes, however, if the company dispenses employees during the carnival, must guarantee the payment of salaries.
There is also the possibility of negotiating the compensation of these clearances with employees. In this situation, it is necessary to verify the terms of the individual hours bank, if any, and what the conditions and rules are established.
Does the rule change to those who work in the public sector?
Civil servants do not need to work during Carnival, as the period is considered optional point, according to the official calendar of the federal government.
States and municipalities usually follow the same rule-employees only need to work after 14h (Brasília time) of Ash Wednesday.
Is there extra time payment during the carnival?
Only if the carnival is foreseen as a holiday, in a collective norm of worked, or by law, the payment of overtime may be due.
Otherwise, employees working in the period will not be entitled to receive overtime.
What happens if it is missing at work during Carnival?
In the case of absences during the carnival revelry – without presentation of valid medical certificate – the worker may have the working day discounted, besides being subject to a disciplinary measure.
