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房地产市场新闻
类别
Lifestyle

Vacation entitlement: Find out everything

27 五月 2022
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Dicas Curiosidades
At the beach, in the snow, or in the countryside, it is essential to know your rights, as these moments are important to recharge your batteries.
Vacation entitlement: Find out everything
How many vacation days am I entitled to per year?
By law, workers are entitled to 22 working days of vacation per year, according to article 238 of the Labor Code.

Working days refer to those that are normally worked. There are two scenarios:
  • If you work a normal work week, from Monday to Friday, these are the days that count for the rest period. Weekends and holidays do not count as rest days.
  • On the other hand, if you work Saturdays and Sundays, the weekends will be considered for calculation purposes. In this scenario, holidays are left out.

How many days of vacation do I have in the year of admission?
If you have started a new job this year or are about to do so, you should ask yourself whether you will be entitled to vacation days in the hiring year. The question will be more "so how many vacation days do I have per month?"

According to Article 239 of the Labor Code, in the year of admission, workers are entitled to two working days for each month of contract duration, up to a limit of 20 days. However, they can only be taken six months after starting the contract.

For example, if you started work on the first day of March, by November you will already have 16 days to take. However, if you started working as of June 1st, and since the year ends before you complete six months of work, you can take them until June 30th of the following year.

Can I accumulate vacation from one year and take it the following year?
Based on article 240 of the Labor Code, even though these days must be taken in the calendar year in which they are due, it is possible to accumulate from one year to the next.

If there are days left over that you didn't take in one year, you can carry them over to the following year and take them until April 30th.

However, you should note that, regardless of the days you have from the previous year, the law states that you cannot take more than 30 days per year, unless the Collective Labor Agreement allows it. In other words, if you take the 22 days to which you are entitled, you can only enjoy another eight days from the previous year.

Falling ill during your vacation
If you become ill during this period, your leave will not start or will be suspended. This right is set forth in Article 244.

If you are unable to enjoy your vacation due to illness, you can choose to
  • Receiving the compensation corresponding to the unused period; or
  • Taking it until April 30th of the following year.

In either case, you are entitled to receive the respective allowance.

Working during vacations
According to article 247 of the Labor Code, you cannot engage in any other paid activity during this period. Unless you have done so previously and your employer authorizes it.

If you decide to work during this period without the company's consent, the company can demand the corresponding remuneration for these days and the subsidy.

If I miss a few days of work, will the rest period be deducted from my pay?
Since the rest period is not linked to attendance, the employer cannot deduct any vacation days from your absence. However, if you do not want this amount to be deducted from your salary, you may request to replace the absence by a rest day.

Vacation booking rules
According to the law, the leisure period must be determined by an agreement between employer and employee. You can take these days at different times, however, the law requires that you take a minimum of 10 consecutive working days.

The most desired periods should be divided proportionally, where possible, benefiting employees alternately. To do this, the employer should consider the calendar of the previous two years.

If the employee and employer cannot reach an agreement, the employer has the right to determine the rest period. However, it must respect some rules:
They cannot start on the employee's weekly rest day
  • The employer must hear the workers' committee or, in its absence, the inter-union committee or the union committee representing the worker concerned
  • In small, medium or large companies, the employer can only schedule the vacation period between May 1st and October 31st
  • In micro-companies (up to 9 employees), holiday periods can be scheduled at any time of the year.

Can couples who work together schedule vacation for the same time?
Spouses working in the same company or establishment, as well as people living in a consensual union or common economy, can take leisure days at the same time, except if there is serious prejudice to the employer.

Changing vacation dates after having scheduled them
In this case, it depends on the employer's availability. If both parties agree, you can change them after you have scheduled them. Or, as written above, in case of illness or other impediment that has prevented you from enjoying your rest period.

Can my employer change my vacation?
As long as it is based on essential requirements to the operation of the company, the employer can change or interrupt the rest period already scheduled, as per Article 243. This interruption gives the right to compensation for the losses caused by not taking the vacation in the stipulated period.

Can I renounce the rest days?
More or less. By law, you are obliged to take at least 20 days of vacation, according to Article 238 of the Labor Code. You can waive those in excess of that amount.

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