Understanding Brazilian Labor Law: Vacation Rights and Obligations

What is a Vacation Cash Payment (Abono Pecuniário)?

A vacation cash payment, also known as abono pecuniário, corresponds to the conversion of one-third (1/3) of the vacation period into money. This conversion must be requested by the employee up to fifteen (15) days before the expiration of their acquisition period.

Which Employees Are Entitled to Concurrent Vacations?

Certain employees have the right to take their vacations simultaneously:

• Student employees under the age of eighteen (18) are entitled to align their vacations with school holidays.
• Family members working in the same establishment may take leave concurrently, provided it does not disrupt service operations.

Is it Possible to Split Individual and Collective Vacations? Please Substantiate Your Answer.

Yes, both individual and collective vacations can be divided into up to two periods, provided that neither period is shorter than ten (10) calendar days. This is stipulated in Articles 134, § 1, and 139, § 1 of the labor legislation. However, for employees under eighteen (18) or over fifty (50) years of age, vacation must be granted in a single, continuous period.

What is the Acquisition Period? And the Concession Period?

The Acquisition Period (or Vesting Period) is the twelve-month period, starting from the commencement of the employment contract, during which the employee accrues the right to vacation.

The Concession Period corresponds to the twelve months immediately following the acquisition period, during which the employer must grant, and the employee must take, their vacation. Each acquisition period is followed by a corresponding concession period.

What are the Requirements for an Employee to Be Entitled to Remunerated Weekly Rest?

There are two primary requirements for an employee to be entitled to remunerated weekly rest (RSR): consistent attendance and punctuality during the week preceding the rest period. Failure to meet these requirements, such as through unjustified absences, may result in the loss of remuneration for the weekly rest period.

What is the Consequence for an Employer Who Fails to Grant Vacation Within the Concession Period? What is the Consequence for an Employee Who Has Unjustified Absences During the Acquisition Period?

If an employer fails to grant vacation within the concession period, the immediate consequence is that they are liable to pay double the vacation remuneration for the period not granted. The document does not provide information regarding the consequence for an employee with unjustified absences during the acquisition period, specifically concerning normal day and part-time schemes.

What is the Deadline for the Employer to Notify Employees of Individual and Collective Vacations? Please Justify Your Answer.

For individual vacations, the employer must notify the employee at least thirty (30) days in advance.

For collective vacations, the employer must notify the Ministry of Labor and Employment (MTE) and the union within fifteen (15) days prior to the start of the vacation period. Additionally, all affected employees must be informed within the same timeframe.

What is the Deadline for the Employer to Pay Individual and Collective Vacations? Please Substantiate Your Answer.

Payment for both individual and collective vacations must be made up to two (2) days before the start of the vacation period.