How does the right to time off work? Is the employee obliged to work on Sundays or holidays?

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Trabalhismo

Published on Jun 15, 2021
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Contribute to the channel with any donation amount via PIX. The keys are (31) 98755-0566 and [email protected] Guys, in the videos I provide information so you can know if there is something wrong, or not, in your work. However, I cannot analyze all the individual cases in the comments left here on YouTube. Only in a private conversation is it possible to analyze the details of the case to give a responsible opinion on what is wrong and what can be done for each worker. Therefore, if you are interested in analyzing a specific case, contact me on WhatsApp (31) 98755-0566 or by email: [email protected] or formally consult another lawyer who is also a specialist in Labor Law. Please reciprocate my work by helping the channel grow so I can inform more people, subscribe to the channel and share the videos with your acquaintances. The right to time off is sacred! However, sometimes some workers are required to work even on Sundays and holidays. In this video, I explain how this works. Learn your rights and don't let anyone fool you anymore! In this link, you will access the list of activities that are authorized to operate on Sundays and holidays: https://www.in.gov.br/en/web/dou/-/po... Every employee is entitled to one full day of rest per week. Therefore, within the 7 days of each week, at least 1 of them must be a day off. Despite being a day of rest, the salary for this day must also be paid. We call this Paid Weekly Rest because it is a day of rest that repeats every week. Another name that can also be used is Paid Weekly Rest (DSR). In addition to this rest, there are also holidays. A holiday is also a day of paid rest. Regarding weekly rest, our Federal Constitution and the CLT determine that this rest must PREFERABLY happen on Sunday. On the other hand, as for holidays, there is no fixed day of the week on which the holiday must occur. In weeks that have a holiday, the employee will be entitled to two paid days off, one on the holiday itself and another preferably on Sunday. There are some sectors of activity that Brazilian law declares as indispensable and authorizes that such activities do not stop operating on Sundays or holidays. Therefore, the rule is that the employee is only required to work on Sundays and holidays if he or she is linked to one of the activities that the law authorizes to operate on Sundays and holidays. In other words, activities that are not authorized to operate on Sundays and holidays cannot force their employees to work either. In general, office activities CANNOT operate on Sundays and holidays, that is, administrative activities. Other examples of activities that cannot operate on Sundays and holidays are bank branches, educational institutions such as schools, colleges and college preparatory courses. Please note that if the activity in which you work is not authorized to operate on Sundays and holidays, the employer cannot force you to work on those days. In this case, your absence on Sundays and holidays cannot be punished as if it were an unjustified absence; on the contrary, your absence will be justified by law. Consequently, you will not be subject to any salary deductions. An employer who insists on requiring employees to work even without authorization to operate on Sundays and holidays must be reported to the labor inspectorate and the workers' union and may also be sued in labor court to prevent him from continuing to violate the rights of his employees. WHAT ARE THE RIGHTS OF THOSE WHO WORK ON SUNDAYS AND HOLIDAYS? Employees have the right to demand that their employer disclose the monthly work schedule so that all employees know exactly which Sundays they will be expected to work and which will be their days off. This is an obligation of the employer as provided for in the CLT. Furthermore, employees who are scheduled to work on Sundays or public holidays are entitled to another day off during the week as compensation. For example, if a public holiday falls on Wednesday and the employee is scheduled to work, he or she should be given the day off on Tuesday or Thursday, for example. If this day off is not granted, the employee is entitled to receive DOUBLE the salary for the Sunday or public holiday that he or she worked. It is also important to know that employees cannot work 7 consecutive days. Remember, one of every 7 days that make up a week must be a day off. Therefore, the monthly work schedule is required to give the employee a day off each week of the month. If the employee works seven days in a row, without any days off, his or her employer will be required to pay him or her DOUBLE the amount paid for the seventh day worked.

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