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See if worker is entitled to time off on match day of the Brazilian team

The Qatar World Cup starts on the 20th of November and Brazil will have its first game on the 24th, a Thursday. In their first three clashes, the games of the team led by coach Tite fall on weekdays, that is, during the working hours of many Brazilians.

In addition, if Brazil advances from the group stage, other games must take place on weekdays. Given this, fans are already starting to plan how to reconcile games with work. Some believe that the days of the Brazilian team’s performance are considered optional day off or even holidays.

According to labor lawyer Henrique Melo, game days are “normal” work days. “If nothing is done, if nothing is discussed, the employees, as a rule, have to continue working normally there during game hours,” he said.

with agreement

The specialist recalls that agreements can be closed between companies and their employees. In this way, workers could guarantee time off during the national team games and compensate for the hours not worked in the future, as well as guarantee a differentiated schedule and compensate for the rest of the hours.

“What is recommended is that companies and employees establish, in advance, with clear communication, what the compensation rule will be so that employees can then watch the games. On days when the games are at 4 pm, for example, employees can finish work earlier – around 2 or 3 pm -, and then leave those hours that were not worked that day for later compensation”, explains Henrique Melo.

In addition, companies will be able to provide a suitable place for employees to watch the games at the company. The negotiation between employer and employee does not need to be carried out with the participation of the union.

“The labor reform even provides for the possibility of an individual hour bank agreement being made, directly between the company and the employees. In this case, compensation must be made within 6 months. If the collective agreement imposes a different rule or if the company itself already has a collective agreement with the union, this compensation can be within up to 1 year”.

The specialist recalls that the same rules apply to employees who are working from home.

No agreement

If the company and employees do not reach an agreement, the match day in Brazil will be considered a normal working day.

Henrique Melo explains that workers who are absent, in a context where an agreement has not been closed, may have the day of absence discounted by the company. The company may even issue a warning to the employee who was unjustifiably absent.

In addition, if employees are not allowed to watch games during working hours and the order is disobeyed, a warning may also be issued.

Upon receiving three warnings, the employee may be dismissed for just cause by the employer.

Employees who go to work under the influence of alcohol may also be dismissed for just cause, provided that a case of possible drunkenness and not alcoholism is proven, when there is dependence on alcohol consumption.

Source: CNN Brasil

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