This question always arises at the end of the year… Is the 24th a holiday or optional? And the 25th? And the 31st? What about January 1st? Go uphill. According to the official federal government calendar released late last year, December 24 is considered an optional day after 1 p.m. Concretely, this means that, this Wednesday, civil servants will be released from service, without compromising their remuneration. Many professionals in the private sector will, however, still be able to work on this date, because the release decision varies according to each company. The 25th is a public holiday, yes. The last national truce of the year.
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On the 25th, even though it is a public holiday, some services can continue to operate normally. According to the law, professionals who must work on this date will be entitled to double salary or compensatory leave.
On New Year’s Eve, the official holiday is only January 1, celebrated as Universal Fraternization Day. December 31 is considered an optional day after 2 p.m. According to Brazilian legislation, the employer may or may not grant leave to employees on December 31. The CLT does not have specific articles guaranteeing end-of-year vacations, so the decision is up to employers.
Labor rights during workdays and optional holidays
December 31 – Optional item
Normal remuneration: If the company chooses to maintain activities on December 31, which is optional, the worker will receive the hours worked on a regular basis, without additional remuneration.
Overtime: Double payment will only be guaranteed if the employee exceeds his normal working hours at the optional point.
January 1 – New Year’s Eve
If the worker is called to work during the New Year holidays, he will have the following rights, in accordance with the legislation:
100% Additional: Receive double the amount of remuneration for the day worked (article 9 of Law 605/49).
Compensatory leave: Guarantee of leave on another day of the same week.
These rules also apply to other holidays, such as Christmas, if the worker works on those days. Always check the collective agreement or category agreement, as there may be regional or sectoral specificities.
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