How Many Days Can an Employee Work Without Taking Time Off?

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Trabalhismo

Published on May 1, 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 make 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. We know that employees are entitled to one day off per week and that this day off must be paid, that is, even if the employee is not working, he or she must receive payment of the salary for that day off. The day off must occur every week and must be at least one day. That is why it is called paid weekly rest. Rest because it is a day off from work, weekly because it must occur every week and paid because the employee does not stop receiving the salary for the day he or she was off. Normally, days off are granted on Sundays, but there are companies that operate on Sundays and, therefore, need to schedule employees to work on those days. In this case, the day off must be granted before Sunday, on some other day of the week. Note that it is not permitted for an employee to be scheduled to work an entire week, including Sunday, and only have the day off the following week (that is, they cannot work more than 6 days in a row). If this happens, the employee will not have the weekly day off, that is, the day off will not be during the week. Rest must be repeated every week, which is why it is called weekly rest. In other words, it is not right to work an entire week without having any time off, and it is also not right to “compensate” for the lack of time off one week by adding time off the following week, even if two days off are granted the following week. Did you think it was complicated to understand? Don’t worry. I will tell you the rule in the simplest way possible: an employee can NEVER, ever, work more than 6 days in a row. Because anyone who works more than 6 days in a row goes an entire week without a day off within the week. This is the understanding that prevails in the Labor Court and derives from the text of our Federal Constitution, which is our main law in the country. Pay attention here to another tip: it does not matter on which day the week starts counting, it can be Monday, Thursday or any other day. It should be considered that the employee’s week begins on the first day he works after the day off. For example, if a person has a day off on a Tuesday, their week starts on Wednesday, so they can work a maximum of Wednesday, Thursday, Friday, Saturday, Sunday, and Monday. On Tuesday, they must be given the day off because otherwise they will have worked 7 consecutive days, which is prohibited. Another possibility is for the employer to grant the day off in advance. For example, if a person works Wednesday, Thursday, Friday, Saturday, and Sunday, and then has a day off on Monday, they would have only worked 5 consecutive days. After this day off, the worker's week will start counting again, this time starting on Tuesday. Another very important piece of information is that in order to prevent employees from going an entire week (7 consecutive days) without having a day off, the CLT determines that companies that require work on Sundays are required to prepare and publish a monthly schedule, showing which days the employee will work and which days they will have a day off. Folks, paid weekly rest exists to reduce the fatigue accumulated over the course of a work week. This is why it is a very important measure to protect the health and safety of workers and this measure cannot be disregarded. Look, this time off is “given” to workers, but it is not for free and it is not out of anyone’s kindness; it is a strategy to prevent excessive wear and tear on workers, which can lead to illnesses and accidents at work. Behind this benefit is the intention of preserving the worker’s ability to work, in order to be able to work for longer and with less expense with sick employees and employees who, due to fatigue, end up causing accidents. If the company does not grant the time off, that is, forces the employee to work more than 6 consecutive days, it may be fined by the Labor Inspectorate and the employee will be entitled to receive double the value of the time off (this is equivalent to the value of two days of work).

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