Compulsory holidays: see how it works and what the rules are!

Férias compulsórias

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After 12 months of work, one of the most anticipated moments by employees is the possibility of taking a vacation, isn't it? After all, according to art. 129 of the CLT, every employee is entitled to vacation, without prejudice to remuneration.

However, what many don't know is that companies can impose compulsory vacations on their employees. Especially in times of economic crisis, like the current one, when keeping all employees active becomes unfeasible. Therefore, compulsory pandemic vacations have become commonplace.

But, after all, what does this term mean? Although it is a very common practice, many people still have doubts about how compulsory vacations work. With that in mind, we prepared this content for you to better understand the subject, let's go?

In this post, you will check:

  • What are compulsory vacations and how do they work in practice?
  • How was the compulsory vacation in the pandemic?
  • What are the advantages and disadvantages of compulsory vacations?
  • How to control compulsory vacations?
  • How are compulsory vacations paid?

What are compulsory vacations?

Compulsory vacations are vacations in which an employee does not have the power to decide what his/her paid rest period will be. In practice, this means that who will choose the days when the employee will be absent is his employer.

No wonder that the meaning of the word compulsory is precisely that: to possess the capacity to oblige, impose. Therefore, we can say that compulsory vacations happen out of obligation, not of their own free will.

But after all, is this allowed by law? Can the company force a person to go on vacation against their will? Check out the rules for this situation below.

How does it work in practice?

Compulsory vacations have a set of rules that must be followed by companies.

There are some exceptions that must be followed: students under the age of 18, employees of the same family who work together and employees with award vacations cannot be required to go on vacation.

If an employee has an award vacation to take, it is necessary for the organization to respect the agreement made in a collective convention.

For 18-year-old students, the company needs to reconcile the vacation period with that employee's school vacation.

Meanwhile, employees of the same family can enjoy paid rest in the same period, according to art 136. However, this is allowed as long as the company is not harmed by their absence.

What does the law say about mandatory vacations?

As we said before, article 129 of the CLT guarantees that the employee is entitled to 30 days of paid rest for every 12 months worked. However, the same law makes it clear that the employer does have the right to define the period of paid rest for its employees.

To better understand, check out how this standard is described:

“Every employee will be entitled to a vacation period annually, without prejudice to remuneration.”

Now, about compulsory vacations, art. 136 of the CLT complements:

“The vacation period will be the one that best consults the employer's interests.”

In this way, the organization can impose the best period for its employees to enjoy the right to vacation. Even with the labor reform, it is possible that vacations are divided into up to three periods, provided there is an agreement between the parties.

In addition, one of the vacation periods must be at least 14 days old, while the other two must be at least 5 days old. This rule is provided for in art 134, § 1 of Law No. 13,467 which says:

Provided the employee agrees, the vacation may be taken in up to three periods, one of which cannot be less than fourteen calendar days and the others cannot be less than five calendar days, each. (Wording given by Law No. 13,467, of 2017).

Do you know how the right to vacation became after the labor reform? We suggest a further reading of this article here to delve into the subject.

How was the compulsory vacation in the pandemic?

Although it is a right of companies, many of them only use compulsory vacations in difficult situations, such as when it is necessary to overcome an economic crisis and layoffs. This issue has been on the rise for the past two years and many organizations have had to resort to compulsory vacations in the pandemic.

To face the coronavirus crisis, the government created the Provisional Measure No. 927, had valid until July 2021 and directly affected the granting of vacations. This measure allowed companies to anticipate individual vacations and collective vacations, notifying the employee at least 48 hours in advance for the start of the vacation.

However, it is important to pay attention to the term of the provisional measure, which is no longer valid in 2021. Therefore, companies need to go back to following the rules established by the CLT.

What are the advantages and disadvantages of compulsory vacations?

In many situations, such as the social isolation and closing of trade imposed by COVID-19, compulsory vacations are advantageous for companies.

However, it is always preferable to maintain a balance with employees. After all, in this situation, they will not be heard and will need to adapt to the period imposed by the company.

Compulsory vacations can often discourage employees, directly impacting productivity and high rates of turnover. That's why it's important to give your team a voice and give importance to their wants and needs.

Better understand the advantages and disadvantages of this practice:

Advantages of compulsory vacations

For those organizations that opt ​​for this model, we can highlight some business benefits. Are they:

  • full control over employee absences;
  • ability to reduce operating costs in times of crisis;
  • facility to determine collective vacations during festive periods;
  • avoid mishaps among employees due to competition between the best vacation times.

Disadvantages of compulsory vacations

As we started the subject before, not everything is positive when opting for compulsory vacations. It entails a number of disadvantages, such as:

How to control compulsory vacations?

In general, it is important that the organization has an efficient management of the vacation of all employees so as not to suffer from any labor liability in the future. But how is it possible to keep track of all the rest periods of each employee?

It is crucial to have an overview of all employees' vacation information. Preferably, it is important to use a unified management system capable of displaying all data in one place.

In addition to having good automated management software, the organization can implement some internal measures that will help with control. Are they:

  • have a clear and objective vacation policy;
  • have good control over payment terms;
  • set deadlines in advance for employees to request the periods they prefer to take vacations;
  • plan which employees will be responsible for making up for the absence of teammates so that the work does not become outdated;
  • hire temporary employees or interns when necessary;
  • have an overview of all absences for the year to define the best vacation strategies.

How are compulsory vacations paid?

Compensation for compulsory vacations is done in the same way as any other paid rest. This means that the employee must receive payment within 48 hours before leaving work.

Thus, he must receive the full salary amount, plus the additional 1/3 of salary, minus discounts.

When the organization does not pay vacations correctly, it may suffer penalties. She may be required to pay double under art. 145 of the CLT.

Check it out in full:

Art. 145 – The payment of vacation pay and, if applicable, the allowance referred to in art. 143 will be made up to 2 (two) days before the start of the respective period.

As you can see, compulsory vacations are a strategy that companies can use to take greater control of their staff and face crises, reducing operating expenses. However, it must be a decision made intelligently. It is important to listen to employees and give them the opportunity to suggest the best dates for their rest, in this way, the workers' motivation is not affected.

Still have any questions about the topic? Leave your comment below! And don't miss out on HR Consultant, with it, your company can effectively control employees' vacations!

Conclusion

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. Our HR consultant in London can assist you if you live in London. Suppose you live further afield thats not an issue! Visit our HR Consultants Near Me page to find the best consultancy nearest to you.
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