Can I work for another entity during the holidays?

Is it possible to do other paid work while on vacation?

This is a relevant question for those who want to earn extra money during their holidays but don't know if they can do it legally.

According to lawyer Dantas Rodrigues, in the section of "Notícias ao Minuto" "Work and taxes (un)complicated" on subjects related to work, personal finances, and taxes, "the right to vacation is irrevocable and cannot be replaced by any other provision, whatever its nature" (source).

Since this right aims to provide the worker with physical and mental recovery, as well as conditions for personal availability, integration into family life, and social and cultural participation, it is assumed that "the performance of paid work during the vacation period is not in line with these legal requirements," explains the lawyer.

According to article 247, paragraph 1 of the Labor Code, it is established that the worker cannot carry out another paid activity during the vacation period.

However, Dantas Rodrigues clarifies that we are not facing an absolute impediment. This is because the law provides exceptions, "namely situations in which the worker is already engaged in another activity or situations in which work during the vacation period is authorized by the employer".  

If this is not the case, and the worker ends up violating this obligation, they may incur a disciplinary offense, which gives the employer the right to recover the corresponding vacation pay and respective subsidy.

But there are situations in which the worker may provide work during his vacation period, without constituting the practice of any disciplinary offense. Such as the "situations in which the employment contract ends and the worker, before the term is verified, is on vacation, after which he will not return to work." In this case, "the performance of paid work during the holidays does not constitute a violation of his duties towards the employer", as stated in the column.

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