Despite Carnival being one of the most traditional festivals in Brazil, the date is not considered a public holiday by the federal government.
With this, the worker can be called to work. However, he must be rewarded by the company. This explains André Luiz Freitas, a lawyer specializing in labor law.
“The employee will be entitled to a compensatory day off, or, if the company does not grant said day off, he must pay double that day worked”, explains the lawyer.
In addition, some states and municipalities have local laws that determine that Carnival is a holiday. Therefore, the employee must consult the legislation where he lives.
However, even if the local law does not say that the party is a rest day, certain companies even negotiate time off with their employees. Freitas explains that this is because Carnival is one of the most relevant cultural manifestations in Brazil.
“To resolve the issue, some companies grant days off during the period, and may later request compensation for the days granted. It is also important to point out that these granted days may be added to the bank of hours as negative hours, if the company adopts such a procedure”, he says.
However, the employee must be aware if the company requests his presence. This is because, if the worker is absent, the company can apply punishments, explains the lawyer.
“The employee may suffer disciplinary sanctions, including a salary discount and, depending on the functional history, even being dismissed for just cause”, he adds.
If the company takes a break
The lawyer argues that, if the company decides to release its employees during the revelry period, it cannot make salary discounts in relation to the days not worked.
On the other hand, the employing party must request compensation for hours not worked.
Still, André Luiz Freitas recalls that the worker can consult what are the collective agreements signed by the union of his category, for example.
“In addition to the legal norms, the employee must seek collective norms, such as conventions and collective agreements, of his professional category, signed through the union and check if there is any provision regarding the Carnival period”.
Facultative point
The optional point, which exempts the worker from working on a certain date, is an exclusive tool for the public sector. Thus, it does not apply to private companies.
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