“The right to vacation is an inalienable right of the worker, aimed at providing physical and psychological recovery, personal availability, integration into family life, and social and cultural participation, and cannot be replaced by any compensation, economic or otherwise.”
The right to vacation is not conditioned by attendance or the actual delivery of service. As it is a worker’s right, the employer cannot obstruct the taking of vacations, under penalty of committing a labor offense. Therefore, according to labor legislation, the worker is entitled to a minimum vacation period of 22 working days, from Monday to Friday, excluding holidays.
It is important to highlight that the worker is legally obliged to take a minimum period of 10 consecutive working days of vacation. However, they may waive taking vacation days that exceed 20 working days.
As such, except in special cases such as vacations in the year of admission and vacations in the year of termination of the employment contract, the worker will be entitled to a minimum vacation period of 22 working days.
The employer should promote the taking of vacations.”
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Dantas Rodrigues has been a lawyer since 1993 and a partner at Dantas Rodrigues & Associados. He has also been a professor of Law at Higher Polytechnic Education since 1995.
