Understand how it works and what rights the worker has in the year-end recess

The end of the year has arrived and with it also comes that expectation of the year-end recess. Although it is not an obligation for companies, these days off at Christmas and New Year are a common practice in the job market.

According to labor lawyer Henrique Melo, the year-end break is an internal agreement: there is nothing in the legislation that obliges the company to provide these days off.

According to Melo, the term “recess” is borrowed from the government. Servers have a recess defined and published every year by the government. In the official regime, these employees need to compensate these hours for the government later.

In traditional companies, the expert explains that this recess granted constitutes a break, and is very different from collective vacations. See below:

Is there a day limit for this break?

Not. As there is no legal provision, the recess is granted by mere liberality of the employer, with no minimum or maximum duration limit, explains lawyer Antônio Pereira Neto.

The employer’s only obligation, if it grants time off, is to inform employees of the start and end date of time off.

Are they considered vacations?

Not. Neto explains that this period is not related to vacations, paid rest or collective vacations.

This happens especially because it is a voluntary stoppage. Vacations are mandatory, and every formal worker is entitled to them.

Can these days be deducted from vacation days? Or salary?

According to the lawyers, deductions from vacation days or from the employee’s salary are not allowed. As it is a spontaneous concession, it cannot harm the worker in any possible way.

“The days of recess — days granted by the employer by liberality and not by legal requirement — cannot be deducted from the salary, nor can they be confused with vacation days, which are obligatory,” says Antônio.

Can the employer ask for replacement of the period?

The employer is not allowed to request the replacement of the period with an increase in the workload.

Can the employee deny the day off?

According to Henrique, the employee who does not want to accept the day off can continue working, but only in case of time off, not on vacation. In this case, it is not an option for the employee to remain idle.

There can be no loss or retaliation by the company if the employee is not interested in taking advantage of this day off.

Is recess the same thing as collective vacation?

Not. Recess is a break and has no provision in law. Collective holidays, on the other hand, are provided for in the CLT. Understand the difference between them:

Recess

• It’s a break, there’s no provision in law;
• It is a voluntary decision by the company;
• It is more flexible than collective vacations, and can last as many days as the company wishes;
• The year-end recess period cannot be deducted from the worker;
• It is not necessary to communicate the granting of recess to any official body or union.

collective holidays

• They are fully regulated, and are provided for in article 139 of the CLT;
• They may be taken in two annual periods, none of them less than 10 (ten) consecutive days;
• The vacation period will be deducted from the employee’s vacation;
• They include those who were hired less than a year ago and, according to labor law, would still not be entitled to individual vacations;
• The company must communicate at least 15 days in advance to the Ministry of Labor and the union about the start and end date of the collective vacation, as well as the payment within two days before the start date, under penalty of double payment .

* Under the supervision of Thâmara Kaoru