Working on an early holiday: How is the payment of wages?

Your company will not stop on 05/25/2020? How is the payment of employee salaries?

First of all, it is worth remembering who determines how the working day of employees will work is the company itself.

According to labor legislation, as a rule, work on civil and religious holidays is prohibited, and the payment of wages for days worked as a paid weekly rest is mandatory.

However, in cases where it is not possible to “stop work” due to COVID-19, companies can summon workers on holidays, even during the state of public calamity.

The professional who works on the holiday is entitled to receive the day in double or a compensatory day off. Without prejudice to salary.

According to Law No. 605/49 “ ” in activities in which it is not possible, due to the technical requirements of companies, the suspension of work, on civil and religious holidays, the remuneration will be paid in double, unless the employer determines another day off”

It should be noted that the consolidation of labor laws (CLT) does not deal specifically with the theme of the holiday, since there is only a simple reference in Article 70, saying that holidays will be the subject of their own legislation, whose regulation occurred through law 605/1949, highlighted above.

Finally, it is necessary to respect all the benefits provided for in a collective agreement for a working day on a holiday, if the work actually happens.