Article 473 of the CLT: what does the law say about justified absences?

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Article 473 of the CLT: what does the law say about justified absences?

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Justified absences are regulated by Article 473 of the CLT and occur in extraordinary situations in which the working day must not be discounted.

Justified absences are included in the Article 473 of the CLT (Consolidation of labor laws), but the complexity and breadth of the theme generate many discussions.

For example: what are the reasons considered justified and how to proceed in each case? That is the purpose of this article: to clarify your doubts about Article 473 of the CLT!

To know what the current legislation highlights for this type of situation, read on with this post! We are sure that it will contribute to the HR routine be less troubled and that the professionals act in the most correct way!

To be on top of what the law says is to be aware of the fines that your company may receive. Download this free material on How to Avoid Fines in the Company and be one step ahead of the competition. Answer the form and receive:

What are justified absences?

Justified absences are regulated by Article 473 of the CLT and occur in extraordinary situations in which the working day must not be discounted.

This, in itself, should already be a terrain to be explored carefully. And for two reasons:

  1. they are matters covered by the law and, if not complied with, can cause many problems for the company;
  2. and because they are good practices that maintain good relations with employees.

However, there are many aspects around Article 473 of the CLT that put managers, professionals and HR in shock. How many days is a collaborator entitled, for example, due to their upcoming wedding?

The example above is a case of justified absence and which is included in the Consolidation of Labor Laws. In other words: it is a subject that yields a lot for HR professionals.

To make it easier, let’s understand what are the situations that, by art. 473 of the CLT, are justified!

What does Article 473 of the CLT say about justified absences?

Before questioning one or another absence as a deficit for the performance evaluation of a collaborator, how about finding out if there were justified absences?

According to Art. 473 of the CLT, the following hypotheses fall within the absences that cannot be deducted by the employer from the working day:

Hypotheses

  • ascendant, dependents, siblings, spouse or individuals who live under the professional’s economic dependence – a period of up to consecutive days of absence;
  • employee’s wedding – period of up to 3 consecutive days of absence;
  • birth of children – period of 5 days of paternity leave for the father (the mother, in turn, falls within the period of maternity leave, according to the Article 392 of the CLT);
  • voluntary blood donation – period of 1 day of absence, being able to be used every 12 months of work, only;
  • with the objective of establishing himself as a voter – a period of up to 2 days (consecutive or not) of absence;
  • compliance with requirements for enlistment in the Military Service – the period required for the professional to comply with the requirements;
  • entrance exam exams in higher education institutions – period of absence only on exam days;
  • cases in which the professional has to appear in court – for the necessary time;
  • in situations of representation of a union entity – for the necessary time;
  • medical consultations and complementary exams (during the wife or partner’s gestation period) – a period of up to 2 days of absence;
  • leave due to illness or due to accidents at work – period of up to 15 consecutive days;
  • accompany children up to six years of age to a medical appointment – for the day of the appointment, only.

Stay tuned, this can create stress at work

There are many situations that fit the question of justified foul, right? And, believe me, this kind of question tends to be enough to create stress at work.

Sometimes, because the employee thinks that he is in his right not to have the work day deducted from the sheet dand payment. Sometimes, because the HR professional does not fully understand what Art. 473 of the CLT says.

In both cases, the solution is to have all the information at the tip of the tongue to guide employees before, during and after these justified absences.

What about unexcused absences?

When the employee has no justification – from the situations highlighted above – for his absence from the workday, the issue must be investigated.

This is because, in general, they generate a deficit in remuneration according to the weekly paid rest. For the law 605 of 1949, from CLT, the professional is only entitled to remuneration when the weekly workday has been completely completed.

Thus, if someone misses work on a Friday – and without justification – the company can deduct the relative salary: on Friday and also on Sunday, if the rest day is this due to the company’s working hours .

Pay attention also to what the Article 351 of the CLT on unjustified absences: the company has the right to dismiss with just cause an employee who has been absent, without justification, for 5 consecutive days or 10 interpolated.

So that the situation does not extend into immediate losses in the remuneration of an employee, there are alternatives. One of them is the negotiation so that the worker renounces the days of vacation expired to replace the days of absence.

Thus, the remuneration is maintained, but the total vacation period will be reduced due to this negotiation. It is worth noting that this can only be done through a professional’s declaration of intent communicating his will to the employer.

How to proceed to justify absences?

Finally, one more addendum to what Article 473 of the CLT says: all the above mentioned situations of justified absence must be proven.

In other words: through the presentation of certificates or documentation that proves the situation that motivated the employee to miss the day’s work.

For HR, this is also important so that the absenteeism index is under continuous monitoring. This number is an indicator that shows employers the number of absences – justified or not – and that can say a lot to HR.

Sometimes, absences are excessively unjustified and, therefore, it is important to analyze the causes for this. Otherwise, these absences impact the company’s productivity, revenue and profitability.

To find out more about this – and how Art. 473 of the CLT relates to this index -, we invite you to read our article as well: Absenteeism in companies: what are the risks and how to reduce this impact?

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