Many people are always waiting for a national holiday, or even the weekend, so that they can take at least one day off. In these cases, employees who need to work will be entitled to receive double the amount of overtime. This is because the employee has no obligation to act, unless there has been an agreement between both parties so that neither of them is, in a certain way, harmed.
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Formal workers, that is, those who work within the CLT regime, receive certain protection on account of labor legislation. The code shows that, when the employee works on national holidays, he earns the right to receive double overtime. However, what is defined through a collective work agreement is valid, in short, the agreement that was made between the union that is the representative of the modality and also the employers.
Even though our legislation frees workers from their activities on national holidays, some classes are considered essential, and because of that there is this exception of work in holiday. Some examples are cases in the area of health, industry, commerce, transport, energy and funeral homes, among other categories that are also considered essential.
This rule is valid not only for national holidays, but also for Sundays, when the employee is asked to work on the only day of the week that would be dedicated to rest. For people who work in essential sectors, the CLT says that it is necessary to have a monthly rotation and also in an organized manner, allowing workers to receive their due vacations or Sundays off.
Let's give an example here: let's say we have five Sundays in a month, in which the worker in an essential category receives the right to have one or even two of these Sundays off. The amount of time off needs to be discussed directly with the employer, whether for Sundays or holidays.
During normal working hours, workers already have their bonus amount to be received when they work overtime. Overtime is considered when working between periods that exceed the stipulated hours. For example, if you were hired to work 8 hours a day, but you need to work for about 10 hours, you should be compensated for the extra time you work.
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