National Holidays and Workers' Rights: Know What Changes on Commemorative Dates

On various dates throughout the year, such as Christmas, Black Awareness Day, Labor Day and religious holidays, Brazilian workers have specific rights defined by the Consolidation of Labor Laws (CLT).

The next one, Black Consciousness Day, will be celebrated throughout Brazil on November 20, a Wednesday, and for the first time, the date will be a national holiday. The celebration pays homage to Zumbi dos Palmares and reinforces the importance of the fight against racism and for racial equality in the country.

The date was already considered a holiday in several states, but, sanctioned by Law 14.759/2023, signed by President Luiz Inácio Lula da Silva in December 2023, it is now considered a holiday throughout Brazil.

Who is entitled to time off on public holidays?

The Consolidation of Labor Laws (CLT) determines that, on national and state holidays, most workers under this regime are entitled to paid time off.

However, there are exceptions for workers in sectors considered “essential”, such as health, transportation, commerce and hospitality, who can be called in to work on this date, with compensation provided for by law.

Rights of those who work on public holidays

• Double pay: The CLT stipulates that if you work on a public holiday, you are entitled to double pay for the daily value of your working day or compensatory time off. The choice between double pay or time off is usually established by individual agreement or Collective Bargaining Agreement.

• Compensatory timeoff: In essential sectors, it is common for professionals to work on a roster basis, which allows for compensation on subsequent days. Doctors, nurses, hotel and supermarket employees, for example, can receive this compensation in the form of time off on another day or an additional 100% in pay for the working day.

Agreements and negotiation between worker and employer

The rights of essential workers must be negotiated sensibly between employer and employee, avoiding conflicts and ensuring the correct application of labor rights. In many cases, it is necessary to reach an agreement that balances the operational needs of companies and the rights of workers in order to avoid conflicts and ensure that labor rights are respected.

Example of Rights by Commemorative Date

To illustrate, check out how some holidays affect working hours:

• Christmas (December 25): A national holiday guaranteed by the CLT, work on this day must be compensated as provided by law. In addition, Christmas Eve (December 24) is an optional holiday after 2pm, and it is the employer's decision whether or not to release employees.

• New Year's Eve (January 1): Another national holiday that follows the same rules for compensating work on public holidays. It is a date when many essential services operate to ensure the well-being of the population.

• Labor Day (May 1st): A commemorative date dedicated to workers, Labor Day is a national holiday and guarantees time off for most sectors. Any work done on this day must be paid double or compensated.

Excerpt from the CLT on working on public holidays

Article 70 of the CLT explains that work carried out on public holidays and Sundays is considered extraordinary, except in specific and urgent functions or regimes, with prior agreement between the parties, such as surveillance, medical care, transportation and food at workplaces.

Knowing your rights during public holidays is essential to ensuring a fair and balanced working relationship. For those who work in essential services or are subject to rostering on public holidays, it is always important to check with the company how compensation will be made to ensure adequate pay or time off on another day.