Why can't I schedule my vacation start date on a Friday or a holiday? Understand the rules

When trying to schedule your first day of vacation on a Friday, you might be in for a surprise: most workers can't start their rest period on this day of the week. Experts explain that the reason is Article 134 of the Consolidated Labor Laws (CLT).

According to paragraph 3 of Article 134 of the CLT, vacations can only begin two days before the paid day off. Therefore, those who don't work Saturdays and Sundays can only schedule their vacations for Monday, Tuesday, or Wednesday. "You always have to observe two days before the paid weekly rest period," says Peterson Vilela Muta, a labor lawyer.

"The goal is to prevent the worker's rest period from starting on days when they would normally not work, ensuring that the rest is fully and continuously used," explains labor lawyer Juliana Monteiro.

This rule applies to both the day before regular rest days and holidays. "This is a way to benefit employees by ensuring they have a full vacation period, without it being reduced by a holiday or day off," explains attorney Peterson Vilela Muta.

A similar situation occurs with student workers, for whom the law stipulates that vacation time coincide with school recess, as a way to ensure full rest.

Exceptions: Who can go on vacation on Friday?

Collective bargaining agreements between employees and employers currently supersede the Consolidation of Labor Laws (CLT). Thus, exceptions to the Friday vacation rule arise. "This is common in sectors such as retail, healthcare, hospitality, and security, where shift work or work shifts is common," explains Monteiro.

If the employee works six days a week or another schedule that includes Saturday and Sunday, the general rule does not apply. “If the employee works on the weekend, the vacation period must be observed with the same rule, that is, it cannot start two days before a possible holiday or day of paid weekly rest, precisely so that the employee is not harmed during the period intended for his rest,” says Muta.

Source: Isto é Dinheiro