Professionals hired under the CLT (Consolidation of Labor Laws) regime benefit from rights guaranteed by law during the Christmas and New Year holidays. The legislation determines the rules for collective leave, the amount of overtime, payment deadlines and guarantees the 13th salary.
The standards apply to permanent employees and temporary workers. Categories considered essential may be called upon to work on public holidays, as is the case for professionals in commerce, services, health, cleaning and communication.
Anyone who works over Christmas and New Year is entitled to compensatory time off or double overtime pay. The same rule applies to work on Sunday. These conditions may be modified when there is an agreement or collective agreement providing for other forms of remuneration, such as the bank of hours.
Who has the right to take time off at Christmas and New Year?
Elisa Alonso, labor lawyer and partner at RCA Advogados, explains that Christmas, celebrated on December 25, and New Year, on January 1, are national holidays provided for by law. As a general rule, any worker with a contract governed by the CLT is entitled to paid leave on these days, without prejudice to their salary.
This right is guaranteed to all formal employees, regardless of the position or function occupied, and must be respected even in the case of temporary employees.
“In activities which, by their nature, cannot be interrupted, such as health and safety services, work on these days is authorized and the specific rules of compensation or differentiated remuneration, normally provided for in collective agreements, must be respected,” specifies the expert.
What categories are required to work over Christmas and New Year?
Elisa clarifies that there is no exhaustive list of categories required to work on these dates, but legislation and practice authorize activities considered essential or cannot be interrupted. This is the case, for example, in health, security, transport, energy, telecommunications, hospitality, surveillance, continuous processing industries, commerce and services.
In these situations, work is authorized and it is up to the employer to respect the rules of remuneration or differentiated payment, in addition to the specific conditions established in category agreements or collective agreements. The lawyer specifies that these instruments can define, for example, scale criteria, compensatory leave, additional percentages and appeal limits for employees.
The expert explains that, when the employee works on a public holiday and does not benefit from compensatory leave on another day, the legislation provides that this work is paid twice.
The company may choose to grant leave on another day, provided that this compensation is formally valid, respecting legal requirements, such as: the existence of an agreement or a provision of a collective standard, compliance with working hours limits and the effective granting of compensatory rest.
Regarding Sunday, Elisa says that the main rule is to guarantee a weekly paid rest, preferably on that day. If the employee works on Sunday, he must be given another day of rest during the week and, if this does not happen, the work must also be paid double.
How do eve and public holiday changes work? Is it possible to have an agreement to take leave on these dates?
December 24 and 31 are not national holidays and therefore do not automatically entitle you to leave. On these dates, the company can require normal work, without double remuneration. However, the lawyer explains that several companies, out of generosity, have relaxed working hours or granted leave on these dates, as part of a policy of good coexistence and promoting the well-being of employees.
In addition, there are situations in which collective agreements or agreements expressly provide for the granting of leave or compensation for hours worked on those days.
Who is entitled to collective leave and how do they work?
Fernanda Corrêa, lawyer specializing in labor law, explains that vacation is a right for every worker, acquired after 12 months of employment contract. However, the type of leave is decided by the employer, who can choose to grant collective leave. In this case, the expert says that even workers hired less than 12 months ago are included.
During collective holidays, the company must notify the category union, the MTE (Ministry of Labor and Employment) and the employees, respecting a minimum period of 15 days before the start. They may be divided into a maximum of two annual periods, provided that neither is less than 10 calendar days.
What is the value of 13 and who has the right to receive it?
The 13th salary is a right guaranteed by law to all workers holding a formal contract governed by the CLT, whether they are urban, rural, domestic or casual employees.
Corrêa specifies that the amount corresponds to a full monthly salary or proportional to the time worked during the year. The calculation considers each month with more than 15 days of service as 1/12 of the annual salary.
Payment is made in two installments maximum: the first must have been paid before the end of November and the second before December 20. In 2025, with this date falling on a weekend, the deadline has been brought forward to this Friday (19th), ensuring full reception before the end of the year.
What happens when the company doesn’t pay on the 13th?
The expert specifies that, when a company does not pay the first or second installment of the 13th salary within the legal deadlines, this behavior constitutes a labor infraction, punishable by administrative fines applied by the MTE inspectorate. In addition, interest and a monetary correction are charged on the amount owed.
The worker can file a complaint through official channels or appeal to the Labor Court to receive the amount due. In certain cases, Corrêa specifies that it is even possible to request the indirect termination of the employment contract.
What can a worker do if they do not receive compensation for their work on a public holiday or Sunday?
Lawyer Elisa Alonso specifies that, if the employee works on a public holiday or a Sunday and does not benefit from compensatory leave or double pay, he or she can resort to administrative or legal means to regularize the situation. “In general, it is recommended that the first step is dialogue with the company or the human resources sector,” explains the expert.
If the problem persists, the worker can contact the union in the category which can guide, intervene and mediate in the negotiation. It is also possible to file a complaint with the MTE for inspection purposes.
As a last resort, if there is no solution, the worker can contact the Labor Court to request payment of the differences due, including the impacts on other funds, such as vacations, the 13th salary and the FGTS (Seniority Guarantee Fund).
What are the rights of temporary workers?
According to Corrêa, agency workers are entitled to all proportional end-of-year benefits, such as proportional leave and proportional 13th salary, since the formal employment relationship confers these rights.
If they have to work on a public holiday such as Christmas or New Year, employment law provides that in the absence of agreed compensatory leave, work carried out on that public holiday must be paid double. Alternatively, it can be compensated with leave on another day, in accordance with the general rules for working on public holidays.
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