Business & Non-Business Days
In Business & Non-Business Days What are the non-working holidays?
They are those days in which there is an obligation not to work, as long as it is established by law or a collective agreement.
Examples:
– March 1 of the presidential inauguration every 5 years (Decree-Law 10,396 declares it as a holiday)
(Decrees 92/985 and 120/985 declare it as a non-working holiday and the right to double pay if you work -therefore payment-)
– Day of the national census (by Decrees 227/975 and 462/985, each of the respective censuses was declared a non-working holiday) (Law 13,032 declared it a holiday and Decree-Law 14,378 a paid holiday).
The fact of being declared a non-working holiday does not mean that this is a paid holiday.
The only normative declaration that assigns a non-working character to a holiday does not entail the obligation of its payment unless it states that it is remunerated.
Is there an obligation to work?
It is understood that the worker is not obliged to attend work on non-working days.
In these cases, the law establishes that the holiday has the characteristic of being non-working,
trying to prohibit work and that the worker rests effectively that day.
For this reason, it is assimilated to the situation of working on a weekly rest day, in which without the consent of the worker,
the obligation or imposition of going to work is not allowed (art. 9 of Law 7,318).
Non-Business Days are often confused with paid holidays, although it should be clarified that they are not the same thing.
2) What are the paid holidays?
The paid holiday is the day on which the law or a collective agreement qualifies it as paid.
In general, and applicable to all activities, they are regulated by art. 18 of Law No. 12,590: “every worker will receive remuneration as if he were working; and in case of working he will receive double pay” ( January 1, May 1, July 18, August 25 and December 25).
Is there a ban on working on paid holidays?
It is not prohibited to work but a special remuneration is imposed in case of doing so.
When you want to establish the obligation of rest, the legislator declares the holiday as non-working.
But when he simply declares it paid, he does not prohibit work on that day, but rather makes it difficult by forcing double payment of wages.
For this reason, it is understood that in principle, there is an obligation to go to work on paid holidays if the employer so decides,
as long as the law or the collective agreement does not declare the paid holiday also as a non-working holiday.
