Carnival is a holiday? Does the company have to take a break? understand how it works

The Carnival festivities started this past weekend accompanied by an atmosphere of euphoria, as it marks the first Carnival after two years without big parties because of the pandemic.

The main party period begins on Friday night (17th) and lasts until Ash Wednesday (22nd), with the official date of Carnival in 2023 being Tuesday, February 21st.

But, even though it is one of the most traditional festivals in the country and known worldwide, Carnival is not considered a national holiday. The revelry, in fact, is an optional point in the official calendar of the country, with the exception of states and cities that have the date as a holiday – state or municipal. This is the case of the state of Rio de Janeiro, for example.

Being an optional point, it is up to each company to decide whether employees will have time off or not. If they have to work normally, workers will be paid as if it were a working day.

According to lawyer Karolen Gualda Beber, specialist in the area of ​​Labor Law, this happens because the Union delegated, in 1995, the competence to define the date to the states and municipalities.

“Based on Law 9093/95, a holiday is the official date decreed in the national, state or municipal calendar. Thus, Carnival will only be a holiday if there is a state or municipal law that stipulates the date as a holiday, like in Rio de Janeiro, since it is not a national holiday”, he explains.

Can I ask for time off?

In cities where Carnival is effectively a legally established holiday, employees will have the day off. In the others, it is an optional point, and it is up to the employer to decide the time off for its employees.

What are the options?

Although the date is not considered a national holiday, the custom of taking Carnival off is rooted in our country. In this way, even in cities where it is not a holiday, companies can assess the possibilities of granting days off.

For this, there are some alternatives. The company may opt for employees to make early compensation for hours not worked; make future compensation through a compensation agreement or bank of hours; or it may even grant time off without the need for future compensation.

“But, if the company is headquartered where it is a public holiday and cannot renounce the working day, the remuneration will be doubled. Where Carnival is optional and there is an option to work, he will be paid twice as much if the compensation does not occur in the same week”, recalls the lawyer.

The specialist also draws attention to the fact that, before taking any of these measures, companies check the forecasts included in the collective norms of the categories.

And in the public sector?

In localities where the state or municipal government decrees an optional point at Carnival, public servants have time off, as long as the department in which they work is not working on certain days.

Does home office follow the same rules?

For employees who are working from home, in principle, the rules are the same. The only point of attention should be where the worker is. Henrique Soares Melo, partner in the labor area at NHM Advogados confirms that this is a new situation and there is still no legislation to discuss it.

“If the employee has been transferred to a place where it is a holiday and he is performing duties, he will have the day off. However, if he is in a location where it is a holiday, to visit family members, but the company is in a city where it is a business day, we are working with the understanding that the rule of the place where he came from must be followed hired,” he explains.

Is there overtime pay?

Overtime payment will only be made in states and municipalities where Carnival is legally considered a holiday. Otherwise, if the company decides that the employees work on the occasion, the working hours will be normal, without extra payments.

What if I miss work?

If the company chooses not to grant time off and the worker misses work without justification, he may be punished. In locations where it is not considered a holiday, the absence may be deducted from your salary or paid weekly breaks.

An unexcused absence does not have the potential to result in dismissal for cause. However, the employee may receive a warning, have the amount for the day of absence deducted from the salary or even be suspended for a few days.