The licenses provided for in the CLT are an employee's right to be absent from his duties, for certain periods, without prejudice to his remuneration.
The professional can be absent in several cases, provided for by law, and the company needs to keep your payment in full. With compensated and justified absences, these leave provided for in the CLT can be paid and unpaid, depending on the case.
In view of the complexity of CLT law managers must always be aware of the employee's rights.
Failure to comply with one of the licenses foreseen in the CLT can lead to labor lawsuits and big fines. Damaging even the company's image in the market, for not respecting the rights of the employee.
And when it comes to licenses foreseen in the CLT the attention needs to be doubled since each action has its particularity. For this reason, we have created a guide with the licenses provided for in the CLT and its particularities.
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Paid leave
The paid leave is linked to the absence of the employee without any loss or suspension of his / her remuneration monthly and benefits.
In specific cases, of leave provided for in the CLT, there is a justification for the absence, which prevents salary cuts from being made during the absence. That wage reduction it can only occur if there has been a previous collective agreement on the topic.
Among the most common licenses foreseen in the CLT are:
- maternity leave;
- paternity leave;
- military service;
- death license;
- wedding.
Maternity leave
THE maternity leave is one of the licenses foreseen in the CLT that gives the woman the right to take a period of leave after the baby is born. The period varies between 4 and 6 months.
During this period, the employee has the right to continue receiving her salaries, as if she were working. It is worth mentioning that removal can begin 28 days or 1 day before birth.
Period that may vary according to the company's culture and the individuality of each pregnancy.
Paternity leave
Parents are also entitled to leave under the CLT, with the paternity leave. Years ago the law stipulated that he could be absent for 1 day, in the week of the child's birth.
However, article seventh of the 1988 constitution provides for an absence of up to 5 days. If the company is part of the Citizen Company Program this period can extend up to 20 days.
However, some rules need to be followed in this case. Firstly, the company needs to be part of the program, which will pay off tax-free.
And in the case of the employee, he cannot exercise paid activity in the period. In addition, the father needs to participate in some responsible parenting, such as the courses offered in the hospitals themselves.
Military service
Officials who are called up for military service have the right to leave for up to 90 days, with the guarantee that your position will be available on return.
In this case, the employee can choose to receive the benefits of military service or continue to receive their wages from the company. The organization may also have to supplement the remuneration if it opts for military service rights.
Of the licenses provided for in the CLT, this is provided for in the article 472 of the labor law. Check some of the details of the law in § 1 and § 5.
Article 472 OF CLT
The removal of the employee due to the requirements of military service or other public charge, will not constitute a reason for the change or termination of the employment contract by the employer.
1st. In order for the employee to have the right to return to the position from which he / she left due to the requirement of military service or public responsibility, it is essential that he / she notifies the employer of this intention, by telegram or registered letter, within a maximum period of thirty days. , counted from the date on which the respective write-off or termination of the charge to which it was obliged occurs. (Partly revoked by articles 60 and 61 of Law No. 4,375, dated 8/17/1964).
5th. During the first 90 (ninety) days of this leave, the employee will continue to perceive his remuneration. (Paragraphs 3, 4 and 5 added by article 10 of Decree-Law no. 3, of 27.01.1966).
Marriage License
Among the licenses provided for in the CLT is the marriage license. Under the law, workers who get married are entitled to three days of absence from work. This period will be counted after the marriage is officially made and the papers are signed.
This obligation on the part of the company with its employee is provided for in the article 473, in item 2.
Article 473 – The employee may stop attending the service without prejudice to his salary: (Wording given by Decree-Law No. 229, dated 2.28.1967)
II – up to 3 (three) consecutive days, due to marriage; (Item included by Decree-Law No. 229, dated 2.28.1967).
Death license
THE death license or disgusting license, as it is known, is also cited among the licenses provided for in the CLT. O article 473 in its item I talks about the permission of a absence of up to two days in the event of the death of a spouse or family, without prejudice to salary.
Check below the details of the CLT law regarding this matter.
Article 473 – The employee may stop attending the service without prejudice to his salary: (Wording given by Decree-Law No. 229, dated 2.28.1967).
I – up to 2 (two) consecutive days, in the event of the death of the spouse, ascendant, descendant, sibling or person who, declared in his / her work and social security card, lives under his / her economic dependence; (Item included by Decree-Law No. 229, dated 2.28.1967).
Unpaid leave
Unpaid leave refers to a period of absence from an employee for a long period of time, without remuneration and without contract is canceled.
There are several reasons that lead to unpaid leave, such as, for example, a training course abroad for a collaborator or personal problems.
Company and employee need to enter into an agreement and the contract is temporarily suspended, for two to five months normally.
The order is made through a document produced by the employee, in two copies, signed by the company and the professional himself.
During the period of removal, the company does not have to pay salaries and also suspends benefits to which the professional is entitled. Holidays and 13th salary they are paid in proportion to the months worked.
O article 476 is that it details this possibility of contract suspension. Therefore, this is also one of the licenses provided for in the CLT.
Article 476-A. The employment contract may be suspended, for a period of two to five months, for the participation of the current employee or professional qualification program offered by the employer, with a duration equivalent to the contractual suspension, subject to a convention or collective labor agreement and acquiescence. employee's formal notice, subject to the provisions of art. 471 of this Consolidation. (Included by Provisional Measure No. 2,164-41, of 2001).
Stay tuned for the licenses provided for in the CLT
The licenses provided for in the CLT allow and ensure the employee's right not to suffer losses when they are absent in specific cases.
Knowing the rights your team has under the law is one of the steps to avoid labor lawsuits.
Being aware of all the details of the licenses provided for in the CLT can safeguard the company when it faces shortages of the professional. Thus, it is possible that managers cover their employees, if absences are not justified.
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