Dear friends, as every week it is a pleasure to greet you, wishing you an excellent Thursday, the topic that will be discussed today will be and taking advantage of the vacation period, that's right friends the right to VACATION! as most of you know, one of the fundamental rights in the labor matter, are the vacations, such labor right is found in article 76 of the Federal Labor Law, reformed in the year two thousand and twenty three, dear friends, the right to have vacations, duly paid is a right that cannot be negotiated by the employers since such period obeys to the free space of the worker, in which he/she entirely enjoys the family nucleus and the healthy coexistence. But you ask yourselves, do we already know that? ...Then, what is so relevant about this article? To tell you the truth, my friend, this concept of opinion is not to confuse the right to vacations with the summer period in which we find ourselves, since the labor law does not contemplate a specific period to grant vacations, in the sense that they must be in summer or at the end of the year, however, these periods are taken as a habit, It is necessary to indicate that in order to grant the right to vacations to the workers, it is necessary to comply with the minimum of one year of service worked and this can operate to grant the twelve days, which are not negotiable in the sense that they are paid and not enjoyed since this benefit cannot be compensated with any remuneration whatsoever; Dear readers, the present article as it is already a custom seeks and goes on the way to clear existing doubts, of the labor benefit by way of illustration the vacation period that is requested consists in having the right in the following way:
Art. 76.The Employees with more than one year of service shall enjoy an annual period of paid vacation, which in no case may be less than twelve working days, and which shall be increased by two working days, until reaching twenty, for each subsequent year of service.
Art. 79. Vacations may not be compensated with remuneration. If the employment relationship terminates before the year of services is completed, the employee shall be entitled to remuneration proportionate to the time of services rendered.
From the articles of the Federal Labor Law, exposed the right of the vacation benefit, which as we have been talking about in this article is a constitutional benefit, which must be enjoyed by the workers and that employers have the obligation to grant, it is to let you know friends, that the benefit earned in a constitutional way also has the obligation to pay at least twenty-five percent of a vacation premium, in addition to the payment of the benefit which logically can not be negotiated as has been exposed, Therefore, with the background of the benefit to which every worker is entitled and to which the labor sources have the obligation to grant duly paid, friends, vacation periods are also granted outside the periods of the year that by custom are given, and the denial of the same obeys to all the contrary of the already exposed added also, to the fact that if they are requested and not granted by the labor source and the worker complies with the exposed, it will be committing a violation which is and can be claimed in a prejudicial process and if it is the case in a judicial process.
So much for this week's comments, we'll see you next week...
