Is Carnival a holiday? Can I have Monday off? Understand your employment rights

by time news

The carnival period this year runs until Wednesday, the 14th, but the date is not considered a national holiday. Therefore, any time off depends on local laws in each state. In Rio de Janeiro, Carnival is a public holiday.

Carnival Tuesday is a public holiday throughout the State of Rio de Janeiro, due to Law 5243/2008. Therefore, the employee is entitled to the day off on this day. By tradition, it is not customary to work on Carnival Monday, but there is no provision in law for this.

  • Makeup that resists summer, the block and extreme heat: Industry invests to deal with climate change
  • From the ‘farialimer’ to the reveler: How the Stanley Cup went from status symbol to carnival fever

In other states, Carnival Tuesday may not be a public holiday. But it’s worth checking whether the union for your professional activity has any collective agreement or convention in which the date is set as a day off.

What does the legislation say?

Although those who love Carnival plan to enjoy the festivities from Saturday until the morning of Ash Wednesday, companies are not obliged to give their workers four days off, nor are they laid off on Wednesday morning.

1 of 31
Viviane Rodrigues and Saulo Araújo decided to reproduce the unlikely meeting of reconciliation between sisters Shanna and Tamara Garcia — Photo: Maria Guimarães/Agência O Globo 2 of 31
Revelers dress up as reporters and camera operators for the Vem Cá Minha Flor block — Photo: Maria Guimarães/Agência O Globo Pular
Advertising 3 of 31
Group of revelers are inspired by the film “Dijantemente” as a costume for the “Exagerado” block — Photo: Maria Guimarães/Agência O Globo 4 of 31
Sargento Pimenta Block — Photo: Márcia Foletto Pular
Advertising 5 of 31
Confectioner Vera Soares and systems analyst César Teixeira, aged 60 and 72, in the Sargento Pimenta block — Photo: Mayra Castro/O Globo 6 of 31
Revelers dressed up as Neymar, Mc Cabelinho and Chico Moedas at Bloco Bangalafumenga — Photo: Bruno Kaiuca Skip
Advertising 7 of 31
Group makes reference to famous black women in Bloco Cordão do Boitatá — Photo: Beatriz Orle 8 of 31
Costume in honor of Father Júlio Lancelotti – Rebeca da Silva and Maria de Fátima, at Bloco Boi Tolo — Photo: Márcia Foletto Skip
Advertising 9 of 31
‘Jogo da bicha’: group dresses up in reference to the Globoplay series — Photo: Gabrielle Lopes 10 of 31
Friends dress up as characters from Xuxa’s life in the Terreirada block — Photo: Roberto Malfacini Skip
Advertising 11 of 31
Friends ask for peace in the war in the Middle East – Rio, 02/10/2024, Carnival 2024 / Bola Preta – Bola Preta Parade — Photo: Bruno Kaiuca/Agência O Globo 12 of 31
In the photo, a man in a costume symbolizing peace — Photo: Beatriz Orle Pular X de 31
Advertising 13 of 31
Is it Britney Spears? Folião draws attention with an allusion to an episode in which the singer danced with knives — Photo: Beatriz Orle/O Globo. 14 of 31
Friends go to the Céu na Terra block, in Santa Teresa, dressed as babies — Photo: Custodio Coimbra/Agência O GLOBO Skip
Advertising 15 of 31
Shein and Correios became the theme of a couple’s costume that references the boom in online shopping — Photo: Carlos Veviane 16 of 31
The Mad Hatter, from Alice in Wonderland, enjoys the festivities at Bloco Céu na Terra — Photo: Custódio Coimbra Skip
Advertising 17 of 31
Group of friends use accessories for afro hair and braids, and joke: “It has nothing to do with Pitel from BBB” — Photo: Agência O Globo 18 of 31
Revelers play at Bloco Prata Preta with an episode in which friends were trapped at Estação Net, in Botafogo — Photo: Lucíola Villela/Riotur Skip
Advertising 19 of 31
Opener and Brahma beer couple at Bloco Prata Preta — Photo: Lucíola Villela/Riotur 20 of 31
The excitement of revelers at Bloco Prata Preta — Photo: Lucíola Villela/Riotur Pular X de 31
Advertising 21 of 31
Revelers dress up as corn, in reference to the actress Larissa Manoela’s meme — Photo: Alex Ferro/Riotur 22 of 31
Federal deputy Chico Alencar (PSOL-RJ) is present in the Céu na Terra block — Photo: Custódio Coimbra/Agência O Globo Pular
Advertising 23 of 31
Revelers parade in Céu na Terra with a sign that had a caricature of Bolsonaro inside an hourglass — Custódio Coimbra/Agência O Globo 24 of 31
Van Gogh painting his self-portrait in the Suburban Madness block. — Photo: Fernando Maia/RioTur Pular X de 31
Advertising 25 of 31
Costumes with political criticism in Rio’s processions — Photo: Leila Youssef/Agência O Globo 26 of 31
Woman refers to the seizure of Jair Bolsonaro’s passport in a block in Rio — Photo: Livia Neder/Agência O Globo Pular X de 31
Advertising 27 of 31
Imitation of Jair Bolsonaro’s passport en masse — Photo: Reproduction 28 of 31
The Prata Preta Bloc paraded through the city’s Port Zone. — Photo: Beatriz Orle/Agência O Globo Pular
Advertising 29 of 31
Friends dress up as Xuxa and her Paquitas in the Vira-Lata block — Photo: Alex Ferro/Riotur 30 of 31
Prophet of Kindness costume at Bola Preta — Photo: Alex Ferro/Riotur Skip
Advertising 31 of 31
Revelers make reference to the episode in which people were trapped at Estação Net — Photo: Reproduction/Estação Net

Even in places where Carnival day is a public holiday, such as Rio de Janeiro, Belo Horizonte and Balneário Camboriú, the obligation to release workers is only valid for “Fat Tuesday”. On other days, granting time off is the employer’s choice, who may charge compensation for hours on other days.

  • For those who enjoy it on the couch: Tips for series to watch during carnival

Furthermore, labor lawyer and specialist in trade union law, Maria Lucia Benhame, points out that some services considered essential may continue to operate until Tuesday, due to Law 605/1949. Restaurants and bars, for example, fall under this category.

The employer, in turn, must guarantee the employee compensatory time off or double remuneration on the holiday day worked.

Zilma Aparecida da Silva Ribeiro, partner specializing in Labor Law at the firm Lopes Muniz Advogados, explains that the custom of only working after midday on Ash Wednesday is a practice of a religious nature and is therefore not foreseen in law:

— Although it is a practice adopted by some companies, there is no law obliging employers to give Wednesday morning off. If the employer decides to release employees from work before noon on Wednesday, they must notify them in advance. If the employer does not communicate anything, employees must begin their workday at the usual time.

It’s not worth ‘providing a certificate’

In places where Carnival days are considered optional, the day off is a free gift from the company, which may or may not be accepted. However, Rodrigo Leite Moreira, partner in the Labor area at Vieira Rezende Advogados, emphasizes that, in the absence of specific legislation, collective labor agreements and/or conventions are valid.

If the employee is requested during the festival days and does not show up, he or she may have his hours deducted from his salary or receive disciplinary punishment. The use of false certificates to avoid working, however, can create a bigger problem.

— It is important to highlight that any absences resulting from the presentation of false certificates can lead to dismissal for just cause (when the worker is sent away without the right to receive a fine of 40% of the amount deposited by the employer in the Guarantee Fund) — says Moreira.

  • February 9th, Carnival Friday
  • February 10th, Carnival Saturday
  • February 11th, Carnival Sunday
  • February 12th, Carnival Monday
  • February 13th, Carnival Tuesday (holiday in Rio de Janeiro)
  • February 14, Ash Wednesday

Is Ash Wednesday a public holiday?

Ash Wednesday is not a public holiday, but activities traditionally resume after noon.

Am I obliged to work at Carnival?

If the state where you live is not a public holiday, you may have to work during Carnival. In other states and cities, Carnival is not established by law as a holiday, and is optional.

Carnival dates in the coming years

  • Carnival 2025 – March 4, 2025
  • Carnival 2026 – February 17, 2026
  • Carnival 2027 – February 9, 2027
  • Carnival 2028 – February 29, 2028

When do national holidays fall in 2024?

  • March 29: Good Friday/Passion of Christ (Friday);
  • April 21: Tiradentes (Sunday);
  • May 1st: World Labor Day (Wednesday);
  • September 7: Independence of Brazil (Saturday);
  • October 12: Nossa Senhora Aparecida (Saturday);
  • November 2: All Souls’ Day (Saturday);
  • November 15: Proclamation of the Republic (Friday);
  • November 20: Black Consciousness (Wednesday)
  • December 25th: Christmas (Wednesday).

*Intern under the supervision of Luciana Rodrigues

You may also like

Leave a Comment