The acquisitive and concessive vacation period is the term, under the law, which determines the worker’s right to enjoy his 30 days of rest.
This article will address the main differences between the acquisitive and concessive vacation periods. What are the company’s responsibilities in the face of holidays? What does the law say? The content will present all the details of the law regarding the theme.
The role of the acquisitive and concessive period in the company
Employee right, vacations need to be well planned and organized by companies so that errors are minimized and possible labor processes do not occur.
To be entitled to vacation, the employee, under the law, must go through two mandatory periods. The acquisitive and concessive vacation period determines and bases the rights and obligations of the employee and the company in relation to the CLT regime.
Article 129 says that every employee has the right to take the vacation.
“Every employee will be entitled annually to the enjoyment of a vacation, without prejudice to remuneration” (Art. 129).
And the need to comply with the law in its smallest details often opens up the possibility of mistakes and errors, causing labor problems. The acquisitive and concessive vacation period is mandatory and managers and professionals of human Resources they must always be attentive to labor issues.
An error in these periods and the lack of understanding of the law can cause great losses to the company. It is essential that there are professionals who are aware of the changes in the law and the entire vacation scenario of each of the employees.
In order to resolve the main doubts regarding the acquisitive and concessive vacation period, we have prepared content that presents all the peculiarities of the law and the company’s obligations in relation to the employee’s vacation.
Holiday purchasing period
The acquisition period is the time that the employee needs to fulfill to enjoy his vacation. To acquire this right, the employee must work for twelve consecutive months. After the fulfillment of the twelve-month period, the concessive period becomes effective.
For example, if an employee was hired on November 1, 2018, on November 1, 2021, he fulfills the vesting period. From that moment on, he enters the concessional period and is already entitled to enjoy his holidays that can be negotiated with the company.
The concession period refers to the twelve months following the acquisition period. This is the period, established by law, in which the company has the obligation to grant the employee his vacation period.
If, on November 1, 2021, the employee completed the vacation acquisition period, the company has until November 1, 2021 to allow the employee to take a vacation. This twelve month period to negotiate, as explained above, is a direct from the company and gives more time to plan the employee’s departure.
What does the law say?
The acquisitive and concessive vacation period is based on the CLT law, which has changed with the labor reform 2017.
THE CLT law it is very clear in relation to vacations and some articles delimit the conditions in which it is employed as the responsibility of the company and the worker, especially when it comes to the acquisitive and concessive vacation period.
Art. 129. Every employee will be entitled annually to the enjoyment of a vacation, without prejudice to the remuneration.
Art. 130. After each period of 12 (twelve) months of validity of the employment contract, the employee will be entitled to vacation, in the following proportion:
I – 30 (thirty) consecutive days, when the service has not been absent more than 5 (five) times;
Il – 24 (twenty-four) consecutive days when there have been 6 (six) to 14 (fourteen) absences;
III – 18 (eighteen) consecutive days, when there have been 15 (fifteen) to 23 (twenty-three) absences;
IV – 12 (twelve) consecutive days, when there have been 24 (twenty-four) to 32 (thirty-two) absences.
- 1º It is forbidden to discount the employee’s absences from the holiday period;
- 2º The vacation period will be counted, for all purposes, as length of service.
Art. 134. [reforma trabalhista 2017]
Vacations will be granted by act of the employer, in a single period, within 12 (twelve) months after the date on which the employee acquired the right. (Wording given by Decree-Law No. 1,535, dated 4.13.1977).
New wording, effective 11/11/2017:
- 1º As long as the employee agrees, the vacation can be taken in up to three periods, one of which cannot be less than fourteen consecutive days and the others cannot be less than five consecutive days, each. (Wording given by Law No. 13,467, of July 13, 2017).
The new CLT law
THE new labor law implemented in 2017 brought several changes, which influenced the acquisitive and concessive vacation period. Check out some of the main changes in relation to holidays.
After the acquisitive and concessive vacation period, the employee was entitled to 30 days of vacation and could split in two times, but that has changed. Under the new law of 2017, the employee can negotiate with the company, and install it in three installments.
In this case, one of the vacation periods must be at least 14 days old, and the others must be at least 5 days old. For example, the employee can take 15 days in one period, another 10 days in another and another 5 days, completing the three periods.
Can I start the vacation before the holiday?
After the acquisitive and concessive period, the employee already has the right to negotiate his vacation with the employee, but there are rules. The new law prohibits employees’ holidays from starting two days before a holiday or on weekly rest days, which are usually Saturdays and Sundays.
How was the law for those over 50 and under 18?
In the old law of the CLT, after the acquisitive and concessive period, those over 50 and under 18 years old could not split their vacation. With the new law, they can split the vacation three times, that is, they have the same right as any employee.
How does the payment for fractional vacations work?
Vacation pay must be paid up to two days before the employee leaves for his or her rest period. If the company is late, the payment it can be done twice to the employee.
Article 145 determines and explains the company’s obligation under the law.
Art. 145 – The payment of vacation remuneration and, if applicable, the allowance referred to in art. 143 will be made up to 2 (two) days before the beginning of the respective period. (Wording given by Decree-Law No. 1,535, dated 4.13.1977).
Sole paragraph – The employee will give discharge of the payment, indicating the beginning and end of the vacation. (Included by Decree-Law No. 1,535, dated 4.13.1977 SECTION V).
What happens to those who work part time?
Those employees who work up to 5 hours a day could only take 18 on vacation, according to the old law, and now they have the same right as other workers. As of now, the new law gives the right to this employee to have 30 days of vacation.
The new law also allows employees to sell 10 days of their vacation to their employer.
A worker’s right
The acquisitive and concessive vacation period needs to be well planned by the company. Failure to comply with one of the CLT rules related to the topic, can bring serious losses and labor lawsuits to the company.
Vacations are a worker’s right and need to be very well planned by the employees. managers and by the human resources sector. Complying with the requirements of the law in the face of the acquisitive and concessive vacation period can minimize several labor errors.
The vacation theme may seem like a simple matter, but with several details inserted within the law, minimally understanding the rules is essential. Knowing the rights of the company during the acquisitive and concessive vacation period is an obligation to respect the worker rights.
Do you plan the employee’s vacation? Do you know what your company’s rights are? Have you measured the importance of knowing the law and its rules in the face of the acquisitive and concessive period?
Carry out a more organized vacation planning today, assume your responsibilities and follow the CLT law to avoid and minimize the chances of error.
Want to know more about the vacation theme? Click here and read the article “The 5 most common mistakes in holiday control”And learn how to better plan the vacations of your employees within the company.
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