See rules for working on the All Souls' holiday this Monday (2)

The national holiday of All Souls' Day, this Monday (2), will be a day off for many workers, but some professionals will have to work shifts. According to legislation, anyone who works on public holidays has the right, as a rule, to compensatory time off on another day or to double pay for the day worked.

The rule is provided for in Law 605/1949 and is applied according to the working conditions and collective norms of each category. Normal holiday pay is already included in the salary, whether paid per month or hourly.

"What the company cannot do is simply demand work on holidays, not pay or compensate", says Mariana Piva, partner in the labor area at Marcos Martins Advogados.

Some activities, such as hospitals, transport and essential services, can operate normally on holidays. Authorization to open depends on the rules applicable to the activity and the category's collective agreement, which may establish more favorable conditions for workers, such as higher bonuses.

Anyone scheduled to work can consult the company's human resources department or the union to check the conditions provided for their category, including the form of compensation and the date of possible time off.

In commerce, as a general rule, work on holidays depends on authorization provided for in a collective labor agreement. However, following a provisional court decision in September, supermarkets, markets and hypermarkets can operate without a collective agreement.

The 12x36 scale has specific rules. In this regime, the CLT (Consolidation of Labor Laws) considers holidays to be compensated by the working day itself, unless otherwise provided for in collective rules.