To be entitled to vacations and enjoy this time off, the employee must have worked for at least 12 consecutive months. This is the vesting period.
A question that is still quite common among employees and new entrepreneurs alike is the difference between the acquisition period and the vacation concession period , as they are different things.
Knowing these concepts is essential to correctly plan the company’s vacation schedule and also to avoid problems with labor claims or fines.
If you still don’t know this difference, keep following this article to learn all about the vacation vesting period.
What is the vesting period?
When a professional is hired by a company, he or she has labor rights , including receiving a 13th salary and a 30-day vacation — a period in which the employee can be absent from work to rest or enjoy the way he wishes. However, there are rules for acquiring this right.
In the case of vacations , to enjoy this time off, the employee must have worked at least 12 consecutive months. This is determined by article 130 of the Consolidation of Labor Laws (CLT).
This is the so-called acquisitive period , the 12-month period from the day of hiring , which gives the worker the right to take 30 days of vacation during the concession period .
The acquisition period is repeated every year. Upon completing the first 12 months, the employee restarts counting the new 12 months, successively.
What is the difference between the vesting period and the concession period?
The concession period is the 12 months following the acquisition of vacation rights , in which the employer is obliged to grant vacations to its employee.
When an employee exceeds this period , accumulating new vacations, without having taken the previous ones, the company is fined and obliged to pay double the corresponding amount .
Therefore, this is a very important point, which requires a lot of attention from companies, since the granting of vacations impacts the company in different aspects , such as the financial and also the organizational structure of the teams.
Payment of vacations
When going on vacation, the employee is entitled to receive their monthly remuneration, plus an additional amount corresponding to one third of their salary. And payment of this amount must be made within two days before the start of the rest period.
In cases where the employee takes vacation after 12 months of the concession period , he will be entitled to receive double the remuneration.
Can collective holidays be discounted?
The collective vacation is a period of time off granted to all employees of a company or a certain sector. You can also grant this benefit to only part of your employees, while others continue to work normally.
The term of collective vacations can be up to 30 days , divided into up to two periods, as long as each lasts at least 10 days.
Employees do not need to be consulted , but the company needs to notify all employees in advance , as well as the Labor Department of the Ministry of Economy and the trade union of the category.
It is very common for some companies to adopt collective vacations in periods with less demand for activity. In this way, they manage to reduce costs and employees take the opportunity to rest .
Another common reason for granting collective vacations is to carry out changes and renovations in the physical structure or machinery .
The days of collective vacations can affect the employees’ vacation balance . If the period is 15 days, for example, the employee will only have 15 more days to enjoy individual vacations.
According to Brazilian law, the granting of vacations is determined by the employer’s interest. Therefore, the employee cannot refuse to take collective vacations.
Collective vacations in the vesting period
A very common question is about the granting of collective vacations to employees who are still in the accrual period .
In these cases, these professionals take paid leave , which means that they will be off duty, like their co-workers, and will receive their salary normally. Rest days cannot be deducted from future vacations .
Another detail in these cases is that the vesting period starts to count again from that leave , that is, the employee will only be able to take individual vacations after one year.
The remuneration of collective vacations should be considered in the same way as regular vacations, with the payment of salary, plus a bonus of one third of the salary.
And it must also be paid up to 2 days before the start of the break.
As you can see, the acquisitive and concessional vacation periods have many details and need to be very well planned . They impact the worker’s life and also the company’s organization as a whole.
The company’s HR needs to maintain strict control over these deadlines, to avoid problems with staff shortages in certain sectors and also the payment of expenses higher than scheduled, as happens when the employee does not take vacations on time.
Now that you know all about acquisitive and concessional vacations, you may still have questions about group vacations.