Want to know more about working on Christmas and New Year's? Then you're in the right place. In this video, labor lawyer Elmar Eugênio clarifies all doubts about the obligation to work on holidays, and much more information, as described in the chapters below: 0:00 Start WATCH ALSO: Can I miss WORK ON HOLIDAYS?* • Can I miss WORK ON HOLIDAYS? Am I OBLIGED to WORK ON HOLIDAYS?* • Am I OBLIGED to WORK ON HOLIDAYS? GROUPS: WHATSAPP - https://chat.whatsapp.com/E7W8ka7bYbf... TELEGRAM - https://t.me/compensee #workonholiday #holidays #laborlaw #laborlaw #laborlawyer -------------------------------------------------- Learn more about this labor law and others here: https://www.advogadoempalmas.com.br/m... -------------------------------------------------- Follow our social networks: Facebook: / advogadotrabalhistaeprevidenciario Instagram: / elmareugenioadvocacia Website: https://www.elmareugenio.adv.br/ Website: https://www.advogadoempalmas.com.br/ Well, due to the end of the year dates, it is very common for companies to grant collective vacations, or even to determine different work schedules so that workers can rest on Christmas Eve and New Year's Eve. So, are employees required to work on Christmas and New Year's Day? As a general rule, working on Sundays and holidays is prohibited. However, the CLT itself provides an exception, allowing some companies to operate on these dates because they provide essential or highly useful services. Right off the bat, this article of the CLT has already solved most of the riddle. In general, work is not permitted on holidays, including Christmas and New Year's Day. It is not that simple, as there are exceptions. In the case of retail workers in general, article 6-A of Law 10.101/2000 allows work on holidays, as long as it is provided for in a collective agreement. The vast majority of collective bargaining agreements for retail workers normally prohibit work on December 25 and January 1, that is, Christmas and New Year's Day. The exceptions in this sector are for activities considered essential or of great public utility, such as gas stations, pharmacies, among others. Therefore, it is always necessary to check what the Collective Agreement for the employee's category states. However, there are also exceptions regarding those employees who work on a rotating shift basis in certain sectors of the company, whose activities cannot stop, not even on those days. If an employee scheduled to work on Christmas and New Year's Day is absent, the absence may be deducted from their salary, as well as receiving sanctions such as warnings, suspensions or even dismissal for just cause, depending on the specific case. In general, all employees with a formal employment contract have the right to take time off on holidays. If, for some legal reason, they are called to work, they must be adequately compensated for it. However, the logic of holidays for those who work on a 12×36 schedule is a little different. If the holiday falls on the day they have 36 hours off, they will continue their rest as normal. However, if the date of the holiday falls on their workday, the employee is not entitled to the day off or to double pay. Therefore, any employee who works a 12x36 shift and is scheduled to work on Christmas or New Year's Day will not be entitled to double pay for the hours worked, nor to another day off. This understanding was already applied by some labor judges, but it became the rule after the 2017 labor reform, as described in the sole paragraph of art. 59-A of the CLT. IS THE EMPLOYEE OBLIGED TO WORK ON CHRISTMAS EVE AND NEW YEAR'S DAY? As for Christmas Eve and New Year's Day, bridge days, that is, the days immediately before or after, are normal working days, so if the company chooses to work normally on these dates, there will be nothing to be done. WHAT ARE THE RIGHTS OF EMPLOYEES WHO WORK ON HOLIDAYS? Since these are public holidays, employees who work on Christmas or New Year's Day, or both, must receive an additional 100% of the value of the day worked, as established in article 9 of Law 605/49. If the employee is called to work on a public holiday, the employer must grant compensatory time off for each public holiday worked within the next 7 days, that is, the following week. If the employee worked on Christmas and New Year's Day, he or she will be entitled to two days off within the following week.