You probably know someone who took a few days off during one period and saved the rest for another occasion. But do you really know what split vacations are , how they work and how they are calculated?
In this article, we will talk a little about this subject, which is important not only for the employee, but also for the company. Who doesn't want a well-rested, satisfied employee who produces quality products?
You will understand how to manage vacations and what factors you should pay attention to as an employer. Let's get started!
How does vacation splitting work?
In order for us to understand what split vacations are and how they work, we must first bear in mind that every worker governed by the laws of the CLT – Consolidation of Labor Laws – is entitled to 30 days of paid rest annually.
As the law determines, split vacations can be divided into up to three periods, at least one of which must be equal to or greater than 14 days and none of which can be less than five consecutive days.
Split vacations, as the name suggests, are a way for workers to rest the 30 days to which they are entitled, dividing them into up to three periods that do not need to be equal.
However, one of the periods cannot be less than 14 consecutive days, and the bolivia whatsapp list others must be longer than 5 days each. Split vacations can only be enjoyed if the company and employee fully agree.
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Is it possible to sell only 5 days of vacation?
In Brazil, according to the Consolidation of Labor Laws (CLT), it is not permitted to sell vacation days . Vacations are a form of paid rest guaranteed to workers, and labor legislation establishes that they must be granted in full, that is, the worker has the right to enjoy all the vacation days to which he is entitled.
Therefore, it is not legally possible to sell only part of the vacation, such as five days , and continue working normally for the rest of the vacation period.
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If a worker wishes to sell part of his vacation, he must negotiate with his employer the possibility of converting these days into a cash bonus , that is, a cash payment equivalent to the value of the proportional vacation sold.
However, the legislation establishes that only one third of the vacation period can be converted into cash compensation, with the remaining two thirds being obligatorily enjoyed by the worker.
How are split vacations agreed under the new law?
According to the 2017 labor reform , which changed some aspects related to vacations, vacations can be split into up to three periods, as long as the employee agrees. Here's how it works:
Split into up to 3 periods
Before the reform, vacations could only be divided in the event of an agreement between employer and employee, and one of these periods could not be less than 10 consecutive days.
With the change, the reform allowed vacations to be divided into up to three periods, as long as one of them is at least 14 consecutive days and the others are not less than 5 consecutive days each.
Employee agreement
The reform made it clear that the division of vacations must be agreed between employer and employee, that is, the employee must agree to this division.
Exceptions
There are some exceptions in which splitting vacations is not permitted, such as for those under 18 and over 50, except in cases where the splitting is requested by the employee.
These changes in legislation have allowed for greater flexibility in granting vacations, allowing employers and employees to negotiate more freely the best way to enjoy this right.
However, it is important to emphasize that negotiations must be carried out in a transparent manner and respecting the rights of the worker, as established in current labor legislation.
Split vacations: how they work and how they are calculated
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