Lawyer Hermeson Costa
Vacation is a rest period granted to urban, rural, loose and domestic workers after 12 months of work performed. This right is constitutionally protected in his art. 7, XVII, as writing:
Art. 7. Are rights of urban and rural workers, among others that aim to improve their social condition:XVII – annual vacation with remuneration at least a third more than the normal salary;It is regulated by the Consolidation of Labor Laws (CLT) from Article 129. Some people even have the thought that the enjoyment of the holiday is necessarily required already in the 13th (thirteenth) month period of the employment contract, but not.
It is true that the worker will be entitled to holiday leave after twelve (12) months of the contract of employment, but not necessarily already in the 13th (thirteenth) month, the date of the enjoyment is decided by the employer and not the employee (see art. 136 of the Labor Code), but nothing prevents there is a consensus between the parties.
It is important to point out that the vacation you must first acquire the right, ie, laboring for 12 (twelve) months, so complete is the vesting period. The time gap to enjoy this right call of concessive period is the time of twelve (12) months after the vesting period. If the employee does not rest at this time will be entitled to compensation doubled pursuant to art. 137 of the Labor Code and summary 81 TST.
Vacation should be communicated to the employee in writing with at least thirty (30) days and payment must be made within two (2) days before the start of enjoyment, as stipulated in Articles 135 and 145 respectively both of the CLT.
It is common practice occurs the negotiation of “sales” of the holiday, in which you can convert ten (10) days in a cash payment to be added 1/3 constitutional. Such conduct is regulated by CLT in his art. 143, but limits negotiate a third of vacation and not in full.
Exceeded those general lines, it is worth clarifying that the holidays are not an absolute right, so the worker in certain situations may lose that right to partial or full.
Unjustified absences from work in the purchasing period of holiday has a direct relationship with the rest time, and may lose the right to partially vacation.
This situation has express provision in the Labor Code, specifically in its art. 130, which states that: There are other situations that occur in the course of the acquisition period is possible to lose the right in full holiday, thus regulated by art. 130 of the Labor Code, which are:Leave the job and is not reinstated within 60 days of their departure;• Stay on leave, with perception of wages for more than 30 days;• Leave to work with perception of salary, for more than 30 days due to partial or total paralysis of enterprise; and• You have noticed the Social Security benefits of work accident or sickness for more than 6 months, although discontinuous.Thus has the right vacation is not exercised absolutely having peculiar situations that directly interfere with the enjoyment of this benefit as important to the health of employees.