Ensure the well-being and ensure quality of life of the worker are some of the main objectives around labor legislation. And one of the facts in which the CLT law protects employees with rules to be complied with by companies is with the work on sundays and holidays.
O work on sundays and holidays it is common in many establishments. However, the article 67 of CLT provides that the worker must have a weekly rest of 24 consecutive hours which must coincide with Sunday.
So, how is it possible for establishments to operate on weekends and holidays?
The point is that within the same law there are rules that allow the work on sundays and holidays. Standards that must be complied with and that work exceptionally for some sectors described in the decree 27048/1949.
For you to better understand this subject, we have prepared a special article on the subject to explain how the labor law works on Sundays and holidays. Check out!
Working on Sundays and holidays: what the law says
O work on sundays and holidays, in theory, is prohibited under the article 67 CLT, which provides for the employee's rights in relation to the matter. However, some companies are granted a permanent right to continue their services during the period in question:
Article 67 – Every employee will be guaranteed a weekly rest of 24 (twenty-four) consecutive hours, which, except for reasons of public convenience or imperative need for the service, must coincide with Sunday, in whole or in part.
Sole paragraph – In services that require work on Sundays, with the exception of theatrical casts, a relay schedule will be established, organized monthly and included in a table subject to inspection.
And in view of this mandatory rest, the company needed pay the day twice for those who exercise their functions to Sundays and holidays.
However, in November 2017, changes were made to the law by labor reform and the rule on working on Sundays and holidays has changed.
Thus requiring greater attention from the HR, since noncompliance with working law on Sundays and holidays may cause the company to pay fines or compensation. Therefore, it is essential that companies know everything on the subject so as not to make mistakes.
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What has changed with the new Labor Reform
In 2017, a new labor reform was approved which gave employees and employers greater chances of flexibility in relationships. And between the changes otworking on Sundays and holidays has also undergone changes.
Previously work on Sundays or holidays demanded from the company double payment of the working day. However, with the labor reform this rule has changed and the negotiation can now be done with annual leave, for example.
That is, employees who perform a function that requires them to be at the company on Sundays, necessarily need, be warned by a stopover system. Another possibility is offer a break on another day of the week.
Employee and company rights
And within the rights of employees in the work on sundays and holidays, according to the law and the labor reform itself, we can highlight three points:
- payment of holiday allowance;
- annual leave;
- entitled to one Sunday off per month.
We will explain below each of the points mentioned above and what are the legal responsibilities of the company for them in I work on Sundays and holidays. Look!
Holiday daily payment
A regra of the new labor reform hasn't exactly changed the rule that the holiday is a day of rest. And so one of the possibilities to reward employees for their work on that day is in the double payment for the day.
It is important to note that holidays are predetermined by state, federal and municipal legislation. This determination of remuneration for work on holidays is provided for in Article 9 of the Law No. 605/49.
Art. 9 – “In the activities in which it is not possible, due to the technical requirements of the companies, the suspension of work, on civil and religious holidays, the remuneration will be paid in double, unless the employer determines another day off” .
However, the new labor reform made this form of compensation more flexible allowing an agreement between employee / employer to compensate for work on the holiday.
Bank of hours
One of the negotiations that now allows an agreement between employee and employer is the legislation around work on Sundays and holidays.
If before the work on sundays and holidays was paid twice by the company for the day's work, currently the compensation it does not necessarily have to be financial. And in that case the annual leave appeared as a viable option.
Through it the company offers a working day, chosen by the employee, so that he compensates the time worked in the period. This agreement can be made through negotiation between employee and employer or by collective agreement previously closed.
Right to one Sunday off per month
The rules that revolve around the work on sunday requires the creation of a work schedule. With that if prevents the employee from working every Sunday afterwards.
O Article 386 of the CLT says the employee can work a maximum of two Sundays in a row. That is, in the month he needs to have at least 1 Sunday off.
Art. 386 – If there is work on Sundays, a biweekly relay schedule will be organized, which favors Sunday rest.
Therefore, it is essential that HR professionals and managers plan work on Sundays and holidays in an organized manner and within labor laws.
Companies that work on Sundays and holidays
Some companies they cannot end their activities on the weekend. Therefore, there is an agreement with activities considered essential for society and that are of public interest.
O decree 27048/1949 in article 7 describes the activities that, on a permanent basis, acquired the right for their collaborators work on Sundays and holidays, like hospitals, for example.
Among the sectors that have work on sundays and holidays they are:
- industry (bread making in general, distribution of energy and water, etc.);
- commerce (retailers, barber shops, hotels, markets);
- transport (port and road service);
- communication and Advertising (TV and Radio vehicles, newsstands);
- education and culture (library, museum, cinema);
- funeral services;
- Agriculture and Livestock.
The importance of the labor law on Sundays and holidays
Many companies have employees who performm work on Sundays and holidays and know the law, both on the part of the employee and the employer, it is essential in this case.
A labor error in the face of work on sundays and holidays can bring harsh fines and labor lawsuits against the company. Not only affecting the financial side, but your image on the market.
Be for to retain or attract new talent. And in order not to make mistakes it is essential that the professionals who take care of the sector know the law, but mainly keep updated in the face of labor changes that constantly appear.
Complying with the law is mandatory and respecting the employee's rights in work on sundays and holidays is part of that obligation.
If you don't already have a rule for work on Sundays and holidays standardize the scale and organize labor planning as soon as possible!
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