Changing jobs involves dealing with contracts, dates, notice and final arrangements. In the meantime, there is a frequently asked question: what happens to the vacation days that have not yet been taken when the worker leaves a company?
According to , the answer depends on the departure date, the days already spent and the rights acquired until the end of the contract. Still, there is a basic rule: accumulated vacations are not lost simply because there is a change of job.
Expired vacations do not disappear
When the contract ends, the employee is entitled to receive the remuneration corresponding to accrued and unused vacation, as well as the respective vacation bonus. This rule is provided for in article 245 of the CLT, which regulates the effects of termination of the contract on the right to vacation.
In practice, if the worker had vacation days that had already expired and did not take them before leaving, these days must be included in the final settlement. This settlement may also include unpaid wages, proportional subsidies and other amounts owed. The company may allow the worker to use these days before actually leaving. If this does not happen, the vacation due and not taken must be paid.
There are also proportional figures for the year of departure
In addition to accrued vacations, the employee is entitled to proportional payments relating to the length of service provided in the year in which the contract ends. This rule is also contained in article 245 of the CLT. This means that, if the worker leaves in the middle of the year, only what was left unused from the previous year does not count. The part corresponding to the months worked in the year of termination also counts.
For example, if the contract expires in June, the worker may be entitled to accrued vacations that have not yet been taken and also to proportional vacations relating to the months worked that year.
Year of entry has its own rule
When a new job is started, vacation from the previous company does not pass to the new employer. The new employment relationship begins a new cycle of acquisition of rights. In the year of admission, the worker is entitled to two working days of vacation for each month of the contract, up to a limit of 20 working days. These days can, as a rule, be taken after six full months of execution of the contract.
If the calendar year ends before completing these six months, vacation can be taken until June 30th of the following year. This rule is particularly relevant for those starting a new job in the second half of the year.
What if I have already taken too much vacation?
The opposite can also happen. Some companies allow workers to take all their vacation days at the beginning of the year, even before this right is fully consolidated depending on the length of work in the current year.
If the contract ends in the meantime and the worker has taken more days than he was entitled to, the situation must be settled in the final accounts. In these cases, the company can reflect this excess in the final settlement, within the applicable legal limits. The essential thing is that the values are detailed and can be verified by the worker.
Vacation allowance also goes into the accounts
The vacation bonus accompanies the right to vacation. Therefore, when the contract is terminated, the employer must pay the bonus corresponding to the vacation accrued and not taken, as well as the proportional holiday bonus for the year of departure. In many cases, the final adjustment even includes the proportional Christmas bonus. These amounts must appear on the final receipt, clearly, so that the worker can understand what they are receiving.
According to Ekonomista, it is precisely at this stage that many doubts arise, because the final value depends on several factors: days already taken, termination date, remuneration, subsidies and any outstanding amounts.
Is it possible to take a vacation before leaving
The worker and the company can agree that vacation days are taken before the contract ends. This solution is common when there are unused days that have expired and when the organization can accommodate the absence.
For the worker, it can allow a break before starting the new job. For the company, it can reduce the amount to be paid in the final settlement. Even so, the enjoyment of vacation before leaving depends on coordination between the parties and the employer’s operational needs.
The new employer does not take over old vacations
Accumulated vacation belongs to the employment relationship in which it was generated. Therefore, when the worker changes company, the new employer does not inherit days enjoyed by the previous entity.
What must happen is for the old company to pay off the due and proportional rights at the time of departure. The new company applies the rules for the year of entry and then the general vacation rules in subsequent years. This distinction is important to avoid confusion. A worker can leave a company with unpaid vacation and, at the same time, start accruing new days at the next job.
What to do if you have doubts
If the worker has doubts about the days recorded or the amounts paid, they should start by consulting the pay slips, the vacation map and the contract termination document. When values are unclear or appear incorrect, you can ask the employer for clarification. If the doubt persists, the Working Conditions Authority can provide information on labor rights and receive reports of non-compliance.
In essence, changing jobs does not make accrued vacation go away. Expired and unused days must be used before leaving or paid in the final adjustment, together with the respective bonus and the proportional payments due for the work carried out in the year of termination.
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