Optional point: what is it, what does the law say and what are the main ones?
Posted: Sun Feb 02, 2025 7:18 am
In Brazil, there are some dates that are considered optional holidays . At these times, it is common to see employees, especially those in private companies, wondering whether or not they will have a day off on that day.
As this is a somewhat controversial topic in the job market, it is important that the organization is aware of the rules and possibilities of this date.
In this article, we will explain what an optional holiday is and how it differs from a holiday. We will also show you how it works in practice, what the law says about it, and how to manage your vacation . Stay tuned!
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What is an optional holiday?
As the name suggests, a facultative holiday is something optional . Therefore, the days that are considered as a facultative holiday are those in which the company can choose whether or not to give its employees time off.
They are defined annually by an ordinance published by the federal government. Generally, these days are important dates for the country, such as Carnival and Black Awareness Day.
In the public sector, it is common not to work on these dates, such as in state and municipal schools, for example. In private companies, however, employees are not always granted time off.
What does the law say about optional holidays?
The Consolidation of Labor Laws (CLT) does not say anything about optional points. Therefore, companies can act in the way they deem most convenient, both for themselves and their employees.
In fact, this is one of the main differences between an optional holiday and a public holiday.
Who is eligible for the optional holiday?
The optional holiday can be granted to all employees of a company , as long as it is an organizational decision taken by the company or public body. In general, it is applicable to all employees, regardless of position or function.
However, the company may also decide to grant it only to certain sectors or departments, depending on the operational needs and internal policies of the organization.
In any case, it is important that the company clearly communicates to employees who will be affected by the decision to take optional days off and what rules will apply to these days, such as the need to compensate for hours or other adjustments to the work schedule.
What is an optional holiday? Do you have to pay?
When a company or public body grants an optional day off , there are some considerations regarding payment that must be observed:
For employees working on that date
If the company chooses to open its operations during a public holiday and employees work on that day, they must be paid normally, with no salary difference.
For employees who do not work on that date
If the company grants a day off as an optional holiday and employees do not work on that day, there is usually no need to pay extra wages. However, it is important to consult applicable labor laws and collective agreements to ensure compliance with specific rules.
Compensation of hours
In some cases, the company may require employees to make up for hours not worked during the optional day off at another time, to ensure that the weekly or monthly workload is maintained.
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Company rules
It is important that the company clearly establishes its policies regarding this date, including payment and time compensation rules, and communicates this information transparently to employees.
In short, payment during a voluntary holiday depends on the company's internal policies, the provisions of labor laws and applicable collective agreements. It is essential that the company is aware of these regulations and follows them correctly to avoid labor problems.
As this is a somewhat controversial topic in the job market, it is important that the organization is aware of the rules and possibilities of this date.
In this article, we will explain what an optional holiday is and how it differs from a holiday. We will also show you how it works in practice, what the law says about it, and how to manage your vacation . Stay tuned!
sesame hr logo
Stress-Free Vacations: Manage Your Team's Time Off with Sesame HR
Enable your team to easily request and approve days off, keep accurate bolivia whatsapp list records, and ensure equitable distribution of rest time and resources.
Free trial
What is an optional holiday?
As the name suggests, a facultative holiday is something optional . Therefore, the days that are considered as a facultative holiday are those in which the company can choose whether or not to give its employees time off.
They are defined annually by an ordinance published by the federal government. Generally, these days are important dates for the country, such as Carnival and Black Awareness Day.
In the public sector, it is common not to work on these dates, such as in state and municipal schools, for example. In private companies, however, employees are not always granted time off.
What does the law say about optional holidays?
The Consolidation of Labor Laws (CLT) does not say anything about optional points. Therefore, companies can act in the way they deem most convenient, both for themselves and their employees.
In fact, this is one of the main differences between an optional holiday and a public holiday.
Who is eligible for the optional holiday?
The optional holiday can be granted to all employees of a company , as long as it is an organizational decision taken by the company or public body. In general, it is applicable to all employees, regardless of position or function.
However, the company may also decide to grant it only to certain sectors or departments, depending on the operational needs and internal policies of the organization.
In any case, it is important that the company clearly communicates to employees who will be affected by the decision to take optional days off and what rules will apply to these days, such as the need to compensate for hours or other adjustments to the work schedule.
What is an optional holiday? Do you have to pay?
When a company or public body grants an optional day off , there are some considerations regarding payment that must be observed:
For employees working on that date
If the company chooses to open its operations during a public holiday and employees work on that day, they must be paid normally, with no salary difference.
For employees who do not work on that date
If the company grants a day off as an optional holiday and employees do not work on that day, there is usually no need to pay extra wages. However, it is important to consult applicable labor laws and collective agreements to ensure compliance with specific rules.
Compensation of hours
In some cases, the company may require employees to make up for hours not worked during the optional day off at another time, to ensure that the weekly or monthly workload is maintained.
BR - INBOUND - Guide - RRHH 2025 Trends
Company rules
It is important that the company clearly establishes its policies regarding this date, including payment and time compensation rules, and communicates this information transparently to employees.
In short, payment during a voluntary holiday depends on the company's internal policies, the provisions of labor laws and applicable collective agreements. It is essential that the company is aware of these regulations and follows them correctly to avoid labor problems.