Every employee hired with a formal contract has the right to annual leave, without prejudice to their remuneration according to the article 129 of the CLT. However, there are still many doubts on the subject, especially when it comes to proportional vacations.
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They can happen for several reasons, among them when there is unfair dismissal, employee dismissal or termination of employment. It is important to know that employees who are in any of these situations, have their rights guaranteed in the CLT.
In order not to violate the law, disregarding the rights of the worker, it is essential that the company knows which cases in which this type of vacation must be paid, in addition to knowing what are the values that each employee must receive.
What are proportional vacations?
Proportional vacations are nothing more than a worker's right with respect to paid rest in situations of contract termination. They must be paid according to the amount related to the incomplete purchase period of the vacation, in the proportion of 1/12 per month of service or fraction greater than 14 days.
In what situations do proportional vacations take place?
Considering that the employee was hired with a formal contract, becoming entitled to vacation. It is necessary to consider some situations that may require proportional calculation. Are they:
- When the employee is dismissed without just cause, he resigns or his contract is breached;
- For cases where the employment contract has been in force for less than one year, the art. 147 of the CLT it also provides for the payment of proportional vacations when the employee is dismissed without just cause or upon the termination of a predetermined term contract (automatic termination of a fixed term contract);
- In addition to these situations, there is another possibility in which the company may need to carry out the proportional vacation calculation. When there are collective vacations, including professionals with less than a year of work.
All of these cases require the company to know how to carry out the account proportionately in order to avoid possible labor liabilities. Therefore, it is necessary to know what the balance of days should be considered or discounted from the calculation.
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How to perform the calculation?
To perform the calculation, you need to follow a practical step-by-step with all the items that need to be considered in the account. Check out what they are and avoid mistakes:
1. Check the amount of the monthly salary and the basis for the calculation
The first step in making the proportional vacation account is to check the professional's gross monthly salary. Then, it is necessary to calculate the average monthly remuneration of the last 12 months.
It may happen that the collective agreement of the workers' union requires the calculation to be carried out according to different periods. Therefore, the company must always consult the convention to avoid mistakes.
2. Proportional calculation
Vacations must be calculated in monthly installments. Every 12 months, the employee is entitled to 30 days of vacation. Thus, for each month completed in the company, 1/12 must be added to the account.
3. Number of vacation days
From the fraction obtained, the value must be multiplied by 30 to arrive at the proportional number of days.
For example: An employee who worked for 4 months, having the fraction 4/12. Your number of days will be 4/12 X 30 = 10 days
4. Adding the vacation allowance
A 1/3 holiday allowance can still be added to this amount, which is also considered in the proportional payment.
According to article 143 of the CLT, the employee is allowed to convert 1/3 of the vacation period to which he / she is entitled in pecuniary allowance, in the amount of remuneration that would be due on the corresponding days.
Thus, an example for the calculation would be: An employee who worked for 10 months with R $ 2,000 reais in gross salary should realize the account:
- 2,000 * 10 (period worked) / 12 months = R $ 1,666.00 (proportional vacation value);
- To this amount must be added 1/3 of vacation allowance = R $ 1666 + 1/3 (33%) = R $ 1666 + 555 = R $ 2,221;
- Thus, the total to be received from proportional vacations would be: R $ 2,221.
5. Cases in which there is a reduction in proportional vacations
There are reasons that can result in the reduction of the amount to be received for proportional vacations. The number of absences of the employee during the purchasing period is one of them.
The greater the number of missed days without justification, the shorter the vacation days the employee will be entitled to.
Calculating proportional vacations
In summary, to perform the proportional vacation calculation, it is necessary to use the formula:
- Salary 12 (number of months in the year) x time worked;
- The result + 1/3 (allowance) = Total proportional vacation.
Therefore, whenever an employee is dismissed from the company, it is necessary that HR performs the correct calculation of their proportional vacation with the other rights of the worker. This is essential to avoid labor liabilities of professionals who may feel injured at the end of their contract.
Thus, when performing the calculation, be sure to consider the series of points listed above. Make the payment according to the acquisition period in the proportion of 1/12 per month worked, always taking into account unjustified absences.