What are the rules that govern statutory leave in Brazil?

Rules

1. The annual leave period depends on the employee’s start date because they can only take vacation days after completing 12 months of employment.

2. While all Brazilian employees are entitled to 30 calendar days per year, there’re some conditions to take into account. When the employee has unjustified absences from work, this situation can affect the number of vacation days:

   • < 5 days of absence = 30 calendar days
   • 6 < days of absence < 14 = 24 calendar days
   • 15 < days of absence < 23 = 18 calendar days
   • 24 < days of absence < 32 = 12 calendar days.

   This rule doesn't apply when the employee is on maternity leave, has a work accident, or is on preventive suspension.

3. Companies cannot offer something different as allowed by the law. Though, companies can offer more time off but these days cannot be called vacation.

4. The employee cannot start their vacations two days before the weekend or on a public day. This means that the employee cannot start their vacation on a Thursday or Friday. There's an exception for workers that have shifts on Saturday or Sunday, then they would not be able to schedule in the next mandatory rest day.

5. Employees can split their vacation days into a maximum of 3 periods:

   • One period should be at least 14 days
   • The other two periods should be at least 5 days.

   If the employee takes a partial vacation, they're still entitled to sell back the vacation period “abono pecuniario” and it must consider the total eligible days for payment, not the remaining.

6. When employees receive their vacation payment, we will upload the vacation proof document “Aviso de ferias” to the employee’s Documents tab at least 10 days before their vacation starts. Before the employee goes on vacation, they are required to download this document, sign it and upload it back to their Documents tab on Remote. This serves as proof that the employee took their vacation.

7. An employee’s vacation should be approved 30 days before the vacation start date. This should be indicated on the vacation proof document “Aviso de ferias” and on the employee’s profile “ficha de registro”.

8. Carry over of vacation days is not allowed in Brazil. The employee should take their vacation during the concession period, which is the 11 months following the acquisition period.

9. Employees can sell 1/3 of their vacation days (10 days), this called “abono pecuniario”. If requested, it must be paid with the last period of vacation days taken.

10. Collective vacation:

    1. This occurs when companies, instead of organizing a vacation for each employee, may arrange two periods of vacation per year. The employees can take their vacation before the acquisition period ends. In this case, the vacation period should be pro-rated and a new acquisition period will start.

    2. The employer can split the vacation in two periods of at least 10 days.

    3. If the employer decides to introduce collective vacation, this decision should be announced 15 days before the vacation start date. In this case, the employer should communicate this to the labor ministry and the union as well.

    4. Collective vacation is open to all employees.

11. Termination:

    1. Upon termination of the employment contract (whatever the cause) the employee will receive remuneration in addition to (as the case may be) payment for the acquired vacation period (pending vacation days).

    2. Upon termination of the employment contract after 12 months of service (except in the event of just cause), the employee shall be entitled to remuneration relating to the incomplete period of vacation, according to art. 130. This is in the proportion of 1/12 (one twelfth) per month of service or fraction longer than 14 days.

    3. The employee who is fired without just cause, or whose employment contract is extinguished in a predetermined period, before completing 12 months of service, will be entitled to remuneration for incomplete vacation taking into account the conditions above.