October / 2018
The Labor Reform, which has been in force for almost a year, has brought about important changes in the Consolidation of Labor Laws (CLT), one of the main changes on the periods of vacation leave.
Prior to the reform, holidays were, as a general rule, granted for a period of 30 calendar days, and only in exceptional cases was there a possibility of bipartition, one period of not less than 10 days. Under 18 and over 50 years old employees could not split their vacation.
With the new wording of article 134 of the CLT, the worker is given greater freedom, since the period can be divided into up to three opportunities, one of which must be 14 days and the remaining two not less than five days each.
As for employees under 18 and over 50 years old, the special provision was revoked, the workers of any age have ensured the same right to install the holiday.
With respect to the monetary payment (sale of a third of the period) and collective vacations, the legislation did not bring changes, maintaining the requirements previously practiced.
It is appropriate to remember that the employer still has the directive power for determining the period of the vacation, but, as far as the division is concerned, a mutual understanding between the parties is possible, and the periods may be negotiated year by year.
In this sense, as a form of protection and guarantee to the employee, the legal text expressly prohibited the beginning of the period in the two days prior to a paid holiday or weekly rest day.
The intention of the Legislator for flexibility is therefore perceived, in an attempt to give the worker greater freedom to take advantage of his rest period, as well as to promote the reconciliation of interests between employer and employee, well-being and productivity.
Vernalha, Di Lascio, Mesquita & Associados is at the disposal of its clients for more information on the subject.