This Thursday (8), Corpus Christi takes place, a Christian date dedicated to the sacrament of the Eucharist. Unlike other Catholic events, this is not a national holiday, as it is not provided for by federal law and, therefore, does not guarantee time off.”It is a municipal holiday. Only where the law is in force, will workers be able to take time off”, explains Fernanda Darós, partner in the labor area at Silveiro Advogados.
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The cities in question are: São Paulo (SP), Belo Horizonte (MG), Curitiba (PR) and Porto Alegre (RS). However, according to the specialist, companies that want to adopt the holiday on the 8th can release their employees. In this line, some adopt the holiday and the following Friday becomes an optional point.
“If the boss does not release the employee, the absence without justification can lead to penalties, such as a salary deduction, for example”, adds Fernanda. The rule applies to the workplace, not the company’s headquarters city.
“National holidays are expressly provided for in Law nº 10.607/2002, but the federal, state and municipal governments can declare the day in question a holiday, as happens in Goiânia, for example, or an optional point in public offices, and this makes that many private companies consider taking the time off”, explains Rafael Lara Martins, partner at Lara Martins Advogados.
He adds that, if the employee fails to provide his services in locations where a holiday has not been instituted, the hours may be deducted from the payroll, as well as, if he so wishes, reflect in the deduction of paid weekly rest to what the employee would have right, since these are unexcused absences.
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