The Carnival festivities begin this weekend accompanied by an atmosphere of euphoria, with great festivities in several states in Brazil.
The main period of the festival begins this Friday (9) evening and continues until Ash Wednesday (14), with the official date of Carnival in 2024 being Tuesday, February 13.
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 festivities, in fact, are an optional item on the country's official calendar, with the exception of states and cities that have the date as a public holiday – state or municipal. This is the case of the state of Rio de Janeiro, for example.
As this is optional, 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, a specialist in the field 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 9,093/95, a holiday is the official date declared in the national, state or municipal calendar. Therefore, Carnival will only be a holiday if there is a state or municipal law that stipulates the date as a holiday, as 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 optional, and it is up to the employer to decide how much time off their employees should take.
What are the options?
Even though the date is not considered a national holiday, the custom of taking time off during Carnival is rooted in our country. This way, even in cities where it is not a public holiday, companies can evaluate the possibilities of granting time off on these days.
For this, there are some alternatives. The company can choose for employees to compensate in advance for hours not worked; make future compensation through a compensation agreement or time bank; or you can even grant time off without the need for future compensation.
“But, if the company is based where it is a public holiday and cannot give up working hours, the remuneration will be doubled. Where Carnival is an optional event and there is the option to work, it will be paid double if compensation does not occur in the same week”, recalls the lawyer.
The expert also draws attention to the fact that before taking any of these measures, companies should check the forecasts also included in the collective standards of the categories.
And in the public sector?
In places where the state or municipal government decrees an optional period during Carnival, public servants have time off, as long as the department in which they work does not work 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 that discusses 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 city where it is a public holiday, because he is visiting family, but the company is in a city where it is a business day, we are working with the understanding that the rules of the place where he was 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 employees work on that occasion, the working day 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 or she may be punished. In locations where it is not considered a holiday, the absence may be deducted from your salary or paid weekly rest.
An unjustified absence does not have the potential to result in dismissal for just cause. However, the employee may receive a warning, have the value for the day of absence deducted from their salary or even be suspended for a few days.
Source: CNN Brasil
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