Every end of the year is the same. Companies try to reconcile recess, maintenance, reduced circulation and goals that insist on not closing alone. On the other hand, employees want predictability to rest, travel or simply stop. It is at this meeting that “creative” solutions regarding holidays emerge. And, with them, risks that usually only appear later.
Brazilian legislation even allows flexibility, but it is not unlimited. The starting point is simple: vacations exist to protect workers’ health. Therefore, the CLT allows fractionation, but requires minimum periods of effective rest.
In the case of individual holidays, it is possible to divide them into up to three periods, as long as one of them is at least 14 calendar days long and the others are not less than 5 days long. Collective holidays are even more restricted: they can be granted in up to two periods a year, and none of them can be less than 10 days long.
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This is where the classic December mistakes appear. One of the most common is the 10+10+10 model. It seems reasonable from an operational point of view, but it is not legally sustainable. If it is treated as a collective vacation, it exceeds the limit of two periods. If it is treated as an individual vacation, it does not guarantee a minimum period of 14 days. There is a risk of legal challenge and invalidation of the arrangement.
Another sensitive point is the attempt to create collective holidays with exceptions, keeping part of the sector “on duty”. The CLT requires that, to be considered collective, vacations reach all employees of the company or sector covered. When this does not happen, space is created for the mischaracterization of collective vacations, with consequences ranging from administrative fines to individual actions requesting the recognition of irregular vacations.
As I usually warn companies, collective vacations are not an informal recess. Specific adjustments made just to serve the operation rarely resist inspection or a labor complaint.
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This does not mean that the company’s hands are tied. In many cases, the safest solution is to admit that it is not a collective vacation, but a strategy to reduce circulation. In these scenarios, granting individual vacations to those who already have acquired rights can meet the operational need without forcing a legal institute that has its own rules.
The cash bonus, the sale of up to a third of the vacation, can also help close the account, as long as legal limits are respected. It is computed within the logic of fruition periods and, in some cases, requires union negotiation, especially when it involves collective vacations. Ignoring this detail is another recurring mistake.
The end of the year has arrived and the idea is not to fall into improvisation. Vacations require planning, communication, recording and meeting deadlines. When these points are treated as dispensable bureaucracy, rest becomes passive. And the cost appears when no one else is on vacation.
