We all know that absences from work need to be justified, otherwise, unworked hours result in wage discounts. According to the labor laws, it is possible to present the declaration of attendance to obtain the allowance.
But do you know what a declaration of attendance is? We're just used to the medical certificate, aren't we? With that in mind, we have prepared this content for you to know this document and learn how to use it.
In this article, you will learn:
- What is a declaration of attendance and what is it for ?;
- What does the legislation say about the declaration of attendance?
- How should it be done?
- What is the difference between the declaration of attendance and the medical certificate?
Continue reading today's post to clarify all your doubts and be able to use the declaration of attendance correctly and intelligently. Come on?
What is a declaration of attendance and what is it for?
The declaration of attendance is a document that proves the attendance of the worker to a certain place. It is used to justify the temporary absence of workers from their face-to-face activities.
This statement usually contains the person's arrival and departure times to that particular location.
When this absence is justified by the declaration of attendance, the labor law provides for the allowance in some cases, avoiding discounts on wages.
Most of the time, people think that this proof of attendance is only for visits to the doctor. However, it can be used in various situations where the person needs to justify his temporary absence.
For the attendance certificate to be valid, the HR teams need to know the main situations in which this document can be presented and when the allowance is made.
This means that the employee cannot, on his own, create the document, as that would take away his credibility.
What does the legislation say about the declaration of attendance?
It is important to note that in the Labor Law there is no determination on the declaration of attendance. However, the regulations ensure that, in some situations, the employee can justify absences without prejudice.
According to what is described in article 473 of the CLT, the employee can leave work without prejudice to his remuneration for the following reasons:
- death of the spouse, ascendant, descendant, sibling or person who, declared in his Work and Social Security Card, lives under his economic dependence;
- by virtue of marriage;
- birth of a child during the first week;
- 1 day every 12 months of work due to voluntary blood donation duly proven;
- up to 2 consecutive days or not, for the purpose of enlisting voters, under the terms of the respective law;
- in the period of time in which you have to comply with the requirements of the Military Service;
- on the days when you are proven to be taking entrance exam exams to enter higher education;
- for as long as is necessary, when you have to appear in court;
- For as long as is necessary when, as a representative of a union entity, he is participating in an official meeting of an international organization of which Brazil is a member;
- accompany the wife or partner in consultations and complementary medical examinations during the pregnancy period;
- taking children up to 6 years old to medical appointments;
- in case of duly proven preventive cancer exams.
These rules are still based on Law 605/49, which deals with the weekly paid rest. According to article 6, paragraphs 1 and 2, properly proven illnesses are a justified reason for the employee's absence.
Check out the full article:
“§ 2º The disease will be proven by means of a doctor's certificate from the social security institution to which the employee is affiliated, and, failing this and successively, a doctor from the Social Service of Commerce or Industry; company doctor or designated by it; from a doctor in the service of federal, state or municipal representation in charge of matters of hygiene or public health; whether or not there are, in the locality where you work, a doctor of your choice. ”
Thus, when it comes to a disease, the employee must prove it with the presentation of the medical certificate and not just with the declaration of attendance. Do you know what the difference is between them? We explain in the topic below.
How should the declaration be made?
The employee is not obliged to inform when he will be absent. However, to maintain a good relationship with your employer, it is advisable to report the absence as far in advance as possible.
In this way, the absence of the professional can be programmed, without impacting the work of the rest of his team.
The employee can request the declaration of attendance, as long as it is within the situations highlighted above. So, when you return to work, you can introduce it to your company's human resources department.
HR will have a certain time to analyze the declaration and the employee's absence will be justified and even paid according to the reason for the absence.
What is the difference between the declaration of attendance and the medical certificate?
The main doubts of workers about the allowance for absences, are precisely what are the differences between attestation and declaration and whether the declaration of attendance serves as attestation. To answer these questions, it is necessary to understand what each of them is for.
While the declaration of attendance can be used to justify various types of employee absence, the medical certificate is only for health reasons.
In addition, the certificate must be issued by the doctor the employee attended in accordance with the determinations of the Federal Council of Medicine.
The medical certificate can allow different times of absence, which will be determined according to the situation in which the employee is. The main types of medical certificate are:
- by disease;
- for Work Accident;
- by Rest to the Pregnant Woman;
- Physical and Mental Health;
- for Interdiction Purposes;
- of Physical Fitness.
It is worth mentioning that the medical certificate, given by a health professional, is indisputable, while the declaration of attendance may justify the absence, but not always guarantee the payment of the absence.
Thus, we can define that the main difference between declaration of attendance and medical certificate is in the validity of the document.
As you can see, the declaration of attendance is essential to justify your absence from work. However, it is important to be careful and judicious when using it, after all, it may or may not guarantee the allowance of the fault. Therefore, before leaving, seek information from your organization's HR.
Many companies have an internal code that addresses the occasions when the declaration of attendance is valid. This way, you will know in advance under what circumstances the declaration can compensate for a fault or absence.
Still have any questions on the subject? Leave your comment below!