At a time when the vast majority of Portuguese professionals go on vacation, there are many doubts that arise when scheduling this period, namely how many days they are entitled, if it is possible to give up these for remuneration, among others.
For this reason, the Alerta Emprego portal leaves some rules and rights that everyone should take into account, when booking and enjoying the holidays:
1. Holiday days to which you are entitled
“Employees are entitled to 22 working days of vacation, which must be taken on weekdays, from Monday to Friday, with the exception of holidays”, points out in a statement.
However, he adds, “these 22 working days may vary. In the year of admission to the company, professionals are entitled to two working days for each month of the contract, which can reach up to 20 days”.
“In this sense, the professional can take this vacation after six full months of work, and if the calendar year ends before this deadline, the vacation can be taken until June 30 of the following year”, he adds.
The portal also states that “if the duration of the contract is less than six months, the vacation can be taken immediately before its termination, through an agreement between the professional and the employer”.
2. Exchange of vacation for remuneration
“The right to vacation is non-negotiable and cannot be replaced by other forms of compensation. However, the professional can choose to have only the 20 working days required by law, and in this case, the work performed on the days that would correspond to rest will be paid double”, he emphasizes.
According to the platform, “in addition, the exercise of another professional function is not allowed during the vacation period, unless the employer is authorized to do so or if it is an activity that is already carried out simultaneously with the position held”.
3. Interruption of the vacation period
The Employment Alert also points out that “the professional may have to interrupt his vacation in exceptional situations at the request of the organization, but only in cases of urgency regarding the operation of the company. In this case, it is possible for the employer to change the vacation days already scheduled by his team”.
“For this, the company needs to present a justification, as well as compensate the worker for any losses suffered, such as a trip or accommodation already booked, provided that they are duly proven”, he adds.
4. Impact of sick leave on the right to vacation
“If the professional becomes ill during the vacation period, they may be suspended, provided that the employer is informed of this circumstance and that the professional has proof of the illness situation, through a sick leave or medical certificate.
When the professional is discharged, he can continue with the vacation, if he still has days to enjoy”, he indicates.
However, he adds, “the unused days can also be used at another time, through an agreement between the parties. If this is not possible, it will be up to the employer to schedule these days”.
5. Accumulation of rest days
“Although vacations must be used in the calendar year to which they correspond, it is possible to accumulate days from one year to the next. However, these must be taken by April 30 of that year, on a date approved by the company”, he says.
Even so, according to the portal, “there is only one situation where the approval of the company is not necessary – if the professional wishes to spend holidays with a family member residing abroad, thus being able to accumulate days from the previous year and enjoy them without the need for an agreement. Even in this case, the deadline norm remains”.