Are you going to enjoy Carnival? Find out what the Labor Law says:

May 25, 2023 | Labor Law

This year will be the first large-scale festive event without the restrictive measures of the Covid-19 pandemic, and in 2023 the long-awaited Carnival will be celebrated between the 18th and 21st of February, but although it is a festive tradition in Brazil, it is not a national holiday.

The federal legislation that determines the Brazilian commemorative dates (Law 662/1949) does not involve Carnival in your role.

In this way, companies are under no obligation to dismiss employees on this day.

However, although there is no such forecast, it is customary for employers to grant days off in the days leading up to Ash Wednesday, which in 2023 will be February 22nd, but employees who work on this day do not receive extra or additional amounts in the wage.

Thus, as this is not a national rule, some States and Municipalities have regional laws that include the carnival event.

We can mention Rio de Janeiro, where a state holiday is declared (Law 5.243/2008), since the main capitals of rest of the national territory by Decree such as São Paulo, Belo Horizonte, Brasília, Recife, Salvador, Porto Alegre, Curitiba, Fortaleza, Manaus and Goiânia are declared optional points.

It is worth noting that the optional point is at the discretion of employers to decide whether or not to suspend activities.

It is important to always check if there is no provision on the subject in the Collective Bargaining Agreement, since there is no specific legislation nor a collective norm, it is a common day of work.

By Fabio Meli Ferreira

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