Have you ever heard of marriage license or gala license? This is a right provided for by the labor legislation and which guarantees a few days off to the worker.
Although not well known, failure to comply with this standard can cause problems for the company.
But, how does this license work and how do I register it? That’s what we’re going to talk about in this post. Follow us!
What is marriage license?
The marriage license or gala leave allows the employee to take three consecutive days off from work, starting on the first business day after the wedding. This license is provided for in Article 473 of the CLT.
There are some important details depending on the day the event takes place: if it happens on the weekend, it starts counting on Monday right after the wedding. The first day of leave must fall on a day when there is a working day.
What is generally practiced is to talk to the employee who is getting married and make an agreement that benefits both parties.
For example, he can get married on a Friday and as much as the law says he can be absent for three consecutive days, he would actually rest only one day out of the ordinary, right? Therefore, analyze the situation, always try to keep employees informed about their rights so that they too can be programmed and prioritize direct and honest communication between company and teams.
Thus, relations are not affected and you guarantee that employees will be able to access their rights, without further inconvenience to both parties.
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What are the consequences of not issuing a marriage license?
The company cannot refuse to give those days off to the employee. If this occurs, the employee has the right to seek the Regional Superintendence of Labor and Employment or the Union and request an intermediation of the request.
If there is still no consent, that employee can request an indirect termination (characterized by a serious misconduct by the employer) or file a labor claim with the right to compensation.
HR is responsible for facilitating the process through a smooth dialogue and ensuring compliance with the law without prejudice to the company.
Scenarios for the application of the gala license
If the employee gets married on a Saturday or Sunday, he is entitled to take the second, Tuesday and Wednesday off.
Wedding on a Friday
As the license provides that days off are taken on working days, it is advisable to release three consecutive days that would be worked for rest.
Wedding during the holidays
If the worker decides to perform the wedding during the holidays, he / she loses the right to the gala leave, and must return to activities as soon as the holidays are over.
It is worth remembering that the clearances released by this license cannot be “broken” – that is, they must be used in three consecutive business days after the wedding.
The days of leave may also vary according to the profession exercised by the worker, according to the rules regulated by the responsible Union. If in doubt, contact the agency to clarify which situation the employee fits into.
Many people do not know about this license. We then gathered additional details about this right:
- The days off are not discounted from holidays and count as a leave entirely independent of them.
- It is possible to amend the vacation with the marriage license. For this, the employee can schedule the vacation to start the next day after the leave ends.
- When an employee decides to get married while on vacation, he is not entitled to leave.
- You cannot deny the license. If the employee got married, you have to give the leave. Even if this isn’t his first wedding.
- The granting of a gala license is independent of the employee’s gender or sexual option. As long as there is proof of a legal marriage, the benefit must be released.
How to register the marriage license?
The registration of this type of leave is very simple: just mark at the point of the employee that he got married these days. Payment remains the same: consider days as paid leave.
The employee must present his Marriage Certificate to the company as soon as he returns to work and thus prove that he was actually entitled to leave.
He is not obliged to give notice in advance – by law he can simply be absent these days, appear soon afterwards with a Marriage Certificate and everything is resolved – but it is always recommended to leave everything on clean plates to maintain a good relationship between both parties.
Step by step to register the marriage license
If possible, try to establish a policy in the company to regularize the request of the Gala License.
You can set these orders to be sent by the employee 30 days in advance, so that the company is able to schedule itself and the team leader can cover the absence of that worker.
But we must remember that this is an optional maneuver, just for the better functioning of the company.
Registration of the gala license is very simple:
- Ask for a copy of the marriage certificate as soon as the employee returns to work;
- Attach this copy to the frequency bulletin or time sheet;
- When making the payroll, do not forget to pay those absent days so that there is no discount on the salary.
Many employees are not aware of the right to a gala license and may even forget to make this request, but it is up to HR to make clear the benefits of employees and make room for a transparent dialogue in order to resolve all doubts.
This information can be transmitted with the rules and principles of the company, at the time of hiring. A good strategy is to provide a manual with rules of conduct that includes employee rights, including leave.
Now that you know more about the marriage license and, mainly, that it is a simple concession right, you can better monitor these assignments in your company, avoiding problems with labor lawsuits.
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