Carnival is not considered a holiday, but companies can negotiate with workers. Photo: Disclosure
As Carnival approaches, a recurring question arises among workers: is it a holiday? The reality is that many people are still surprised to discover that Carnival is not officially recognized as a national holiday.
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Lawyer Camila Mendes, specialist in Labor Law at the firm Brum Kuster, Marques e Fragosos Advogadosexplains that, according to Brazilian legislation, Carnival is not considered a national holiday.
However, it is possible that the worker can enjoy the festivities at home. To this end, companies can enter into collective, individual or special agreements for compensation of hours or even release their employees spontaneously and free of charge for the worker.
Lawyer Camila Mendes explains the carnival break.
“It is the company’s decision whether or not to grant its employees time off during Carnival”, explains the lawyer.
If the company chooses to give its employees time off, it cannot deduct these days from their salary. This is ensured by labor legislation. It is also important to highlight that, currently, only in the state of Rio de Janeiro there is a law that recognizes Carnival as a holiday.
So, what can companies do to free up employees during the Carnival period?
• compensate hours through a collective or individual time bank agreement;
• compensate hours with a special compensation agreement;
• or offer the worker spontaneous and free release.
Furthermore, it is important to check whether the collective bargaining agreement includes a clause guaranteeing rest during the period. If there is no collective or hourly compensation agreement, work during this period must be normal and absence will cause harm to the employee.
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