Career
Holidays: what are they, who is entitled to them and how to calculate them?
The vacation bonus takes into account the salary, a benefit and some taxes! Find out how to calculate the value of this payment by reading our text on the subject.
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See what benefits you are entitled to in addition to the rest period
Vacation time is one of the most anticipated times for many workers! But did you know that, in addition to a period free from work, this also entitles you to other benefits?
Therefore, there are a series of factors that someone should pay attention to when pausing work. For example: the date, additional salary and time.
In this article we will help you discover all your rights and understand how a worker's rest period works.
Therefore, continue reading if you want to answer your questions and find out how to charge for your benefits!
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What are holidays and how do they work?
Vacation is a period in which the employee rests and continues to receive his salary without working! However, there are some conditions for a person to receive this benefit.
An employee is entitled to 30 days of rest after spending 1 year working in the same company.
At the same time, the employee must also receive an additional amount in their salary when they go on vacation. We will explain this benefit in more detail in the next topics of this article.
Finally, there are special conditions on holidays for those under 18. In this case, these must coincide with the school recess period.
What does the CLT say about vacations?
The law that determines how a worker's vacations should take place is present in article 7 of the Federal Constitution.
This states that it is a person's right to receive 30 days of rest after working for a year in the same company.
At the same time, during this period an employee must also receive an increase of one third of the salary in his payment.
The CLT also defines that a break from work cannot begin two days before a holiday or rest day, and that the employee must be notified 30 days in advance about their vacation.
Finally, it is worth mentioning that the 30 days can be divided into up to 3 periods, as long as one of them is more than 14 days long.
Who is entitled to vacation?
People with a formal contract are entitled to vacation after working for 12 months in the same company.
However, some factors can reduce a worker's rest period! For example: unjustified absences and some types of leave.
In the next topic we will detail how the reduction of days works for people who missed work. So, continue reading.
How should vacation payments be made?
During holidays, a worker must receive his salary with a bonus of one third of the total amount.
However, payment will be proportional to the number of days a worker took on vacation. For example, if you choose a 15-day rest, you will receive half the amount.
Finally, it is worth mentioning that, in all cases, the money must be deposited up to 2 days before the rest.
There is also the possibility that a professional may choose to sell part of their rest days to the company and return to work sooner.
In this case, the details must be agreed with the company's HR.
How long does the company have to provide vacations?
When an employee completes 1 year of work at a company, the employer has up to one year to give this professional a vacation.
If the employee does not have their rest during this period, what is popularly known as expired vacation occurs.
In this case, the company is obliged to pay double the amount that would be paid during employee rest.
How to calculate vacations?
To calculate the amount you will receive on vacation, you need to take into account factors other than your salary and the one-third increase.
Firstly, to know the amount you will receive, add the value of your salary with the third of it. Then, it will be necessary to deduct the INSS rate. Finally, also subtract the Income Tax rate.
We emphasize that the value of INSS and IR varies according to the average salary of each employee. So, do some research to find out which range you fit into.
What is the impact of absences on vacation?
As stated before, the CLT determines that absences can reduce a worker's vacation.
For example: people who missed up to 5 days without justification do not have any losses. However, anyone who missed between 6 and 14 days will only have 24 days of rest.
At the same time, people who did not go to work between 15 and 23 days will rest for only 18 days, and those who missed work between 24 and 32 times will take only 12 days off.
How can I check the payment of this labor benefit?
As you may have noticed, the calculation for holiday pay is a little complicated. However, it is not impossible to do this operation alone.
Therefore, to start checking your payment, look for which IR and INSS bracket you fall into, according to your salary.
Then, do the math according to what was described in the topic about calculating vacations and see if there was any difference in the amount you received.
Finally, don't forget that some benefits, such as hazard pay, can make this payment even higher.
If you don't know if you can receive this additional benefit, read our complete guide on the subject below. We can help you find out about all the benefits you are entitled to.
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