Start Tendencies 8 Labor Laws You Can not Forget

8 Labor Laws You Can not Forget

Additional Night: Learn how it works and how to use an overtime control worksheet

What are: Labor laws are the legal agreements that define the permissions and prohibitions in the relations between contractors and contractors. These laws that will guarantee the labor rights of each individual

Why know: If you just opened your business, go ahead, but know where you are. One of the biggest headaches that microentrepreneurs have is employee lawsuits.

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Often, the stumbling is due to sheer ignorance of the law, with no bad intentions. Almost all the rules apply to both a multinational and a neighborhood store. For this reason, we have separated some tips regarding the main Labor Laws and Labor Rights.

Labor Laws: What's Very Important You Know

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It is very important to know:

1. It all starts with the record

If a person stays in his company for a while, he has an employment relationship - it does not matter if he only works two hours a day or once a week. Therefore, it must be registered. As a result, she is entitled to one month's leave each year worked and an additional one-third of the salary thereon; to the thirteenth; and to the FGTS, which should be deposited monthly. And there is also the INSS, which the employer casts his share, collects the employee's and passes the value to the government. All of these calculations can be done on a payroll.

Payroll - holerite - employee registration and information

In addition, another labor right is the payment of the employee's salary up to the fifth business day of the period (month, fortnight or week depending on the payment scheme).

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2. Each one with its function

On a day of tightening, you ask, for example, a saleswoman to help with the cleaning. This is forbidden. The employee should only perform the function that is specified in the work card. If he decides to file a labor claim, you will pay for both activities. Therefore, record in writing what the due duties are and do not fail to comply with that agreement.

3. Transportation vouchers

The employer discounts 6% of the employee's salary and delivers to him all the necessary vouchers for his or her driving. This is not always advantageous for the employee because the discount will often be greater than what he would spend. And so, within the rules of labor rights, he can sign a document abdicating the transport voucher. Giving the cash value is a mistake. Whoever does this runs the risk of the employee saying that that value was part of the salary.

4. Benefit can turn salary

Any extra benefit, even if not required by law, as a basic basket, offered on a regular basis can become an obligation. It is now considered part of the salary and, from there, it is not allowed to withdraw it. If you decide to give a possible bonus, ask the clerk to sign a receipt stating what it is about.

5. Maternity leave

If the employee becomes pregnant, one of the labor rights is the fact that the INSS has to pay her salary during the maternity leave of 120 days. In addition, during pregnancy, she can change roles, if necessary, and leave work at any time, through a medical certificate, to perform examinations and consultations without suffering a reduction in salary. After childbirth, she has 150 days of job stability.

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6. Vacation

After one year of work, the employee is entitled to 30 vacation days and an additional one third of the remuneration. Depending on your business, you may need a person to cover this absence. Both wages will come out of your pocket. And it's you, the employer, who determines the date of the vacation.

It is the right of the worker to receive the vacation payment until two days before the start of the same.

7. Dismissal without traumas

This can be a tense time between employer and employee, so it is essential that everything is well documented and that all labor rights are removed. Settlement includes salary, vacation due, thirteenth proportional, 40% fine on FGTS and notice. If the dismissal is for just cause, the employee loses the expired vacation and the right to withdraw the fund.

During the notice period, if the employee practices irregularities is one of the employer's labor rights to turn the waiver into just cause. Still thinking about potential problems with the dismissed employee, if this does not want to receive the amount owed, it is interesting that the employer enters with action of consignment of payment in the labor court, demonstrating their intention to pay.

8. Extra hours

calculation of overtime on end-of-year holidays - summary of overtime in December

When the employee works one minute longer than the normal journey, he should earn overtime. On Saturdays and weekdays, the law orders 50% of the payment amount to be added. On Sundays and holidays, 100%. It is also possible to make an agreement and outline a compensation of hours. All this needs to be recorded in a spreadsheet if the company has more than ten people on the team. Cherish your team. Nobody works for free.

In addition to the extra hour, it is important to watch out for the nightly surcharge, which runs from 22h and goes to 5h. During this period it is the right of the employee to receive an additional percentage in value / hour in relation to what an employee who works in the daytime period would receive.

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Other Labor Rights

Taking advantage of the fact that we are talking about labor laws, it is worth entering the universe of labor rights and remember some important ones that are backed by the law:

9. Working Time

The journey can not exceed 8 hours per day or 44 hours per week. If this occurs we return to the overtime topic. In addition, there is a requirement to have at least 11 hours between working hours.

10. Collective bargaining agreement

It is an agreement between two or more trade unions of a particular category stipulating the working conditions applicable to labor rights.

11. Wage Correction

Even if the employee is absent due to illness, he will be entitled to any adjustment that has been made to the category that he belongs to.

Are you more interested in recording your employees' overtime? has developed a Extra Time Calculation Worksheet to help you with this function! Get this tool already and get organized!

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  1. Hi Dario, I always think that the best solution is to reach friendly agreements directly with your employers. Explain the situation and try to understand what is the best common denominator. If no friendly way is possible, you can enter the labor court with an action against your employers charging you the rights.

  2. Hello good afternoon!

    The company that work gives us a card with benefit in the amount of 200 this month deposited wrong dropped a value of 400 I communicated the company and said they would use, first said they would cash in next month, now will cash in the payroll, but the value does not appear in one moment in my pay child wanted to know if they can make this discount on sheet?

    Thanks if you can help me, Thank you.

  3. Hello, my name is Dario Silva. I work in a gas station, my salary in the wallet is one and in the counter check is another, and besides the but I will already do a year that I work 3 hours to but than normal that is 8 hours worked, because the 3 hours which I work but I never received and so little the boss give the dinner. what should I do?

  4. Hi Dioclezio, really this post is not related to Excel, but answering your question, basically need to understand better the structure of your spreadsheet. What you want can be done with PROCV or SOMASE.

    If you want to line up the records, you would need to use a PROCV. If you only want the sum of the days 1, 2, etc, you can use a SOMASE

  5. Hi Israel, to know if the value is consistent or it is not necessary to know other details as if you fulfilled prior notice or not, if you had holidays or not, if you received the proportional to the thirteenth or not and also if in that value is included the parcel concerning the FGTS or not.

    With this information it is easier to understand if everything is in order or if your company still owes you something. I think the best way is to talk to the responsible sector of your old company and understand the one that refers to those R $ 1341.

    To understand more about what they need to pay you I recommend this post -

  6. Good night rafael have a doubt about excel, do not know if I'm sending you in the right place because I do not move often, but I need a formula to excel complete an automatically set of notes based on records made in another worksheet (eg I want that every time you add in plan1 the fuel expense on the date 01 / 01 2 he showed the plan to date and the registry value! I hope it was clear I'm waiting!

  7. Hello my name is israel brook I was fired without just cause I worked 7 17 months: 00 the 1:

  8. Hello, I wanted to know because in the store where I work I took a certificate of only 3 days. They want me to go through another doctor they've chosen to see if it's valid. And as I just got back from maternity leave and vacations I did not find day care and the baby only feeds on me I go only on Saturdays. That's just cause. Because the company is so involved with me that it threatens and does not want to make an agreement. Other than that my portfolio is signed with a lecturer and I am assuming the position of saleswoman. Because the manager says that we have to cover any sector

  9. Hi Anthony, let's break it down:

    1 - Yes, you should have stayed after hours to finalize a specific service that was taking place on the day

    2 - Yes, he should pay overtime for it, according to the limits established by law

    3 - The time bank is not necessarily mandatory in companies. If it is not used, the employer must pay the overtime of the month in question


  11. good evening! My name is Antonio. I get a question, work with planned furniture I'm registered as an assembly assistant, and at the company that I work my employer does not pay extra hours we do not have a bank of hours, but he wants the agent to stay after hours, we are also obliged to carry the pieces that we assemble and unload in houses buildings to climb pieces up to more than 50 kg by the stairs sometimes all day. These days our manager told us that the two guys who are in the warehouse would carry the pieces so we could continue to ride, they came in the morning unloaded, they went to lunch there and then they returned with many pieces the 16: 00 hours of the afternoon missing only 1 hour to the end of the working hours and unloaded everything without telling us and when it was over our working hours we arrange our tools we left the door of the building we came across several parts, I had committed walked away and left the pieces there, later a little our employer sent a message in whatsapp company group indignant asking for a testimony of ours explaining why we left and let the people who are in the warehouse take the parts in alone, he is right to demand that we stay after our time even not paying overtime And we do not even have a bank of hours?

  12. Hi Cleitom, I think the way is to try to improve the situation gradually, talking and progressing. Unfortunately not everything will be possible to improve, and I advise you to gather documents and data that prove possible abuses, so if at any moment you need, you will be safeguarded

  13. Hi, Rafael. In the case about more than one employee in the same role here in the company has the function of aligner who has three, actually was four more had an employee who was fired, the seller has three women as well and in mine it is only me with a load of weight to work alone so I wanted to have taken doubts and about the hours here has no electronic point has to sign the book but can not for the hours that pass because the company does not pay overtime but we have to stay after hours if need and talk to him is useless even because he is a kind of boss who only aims to take advantage and as it is even risky to go talk to him, he may feel pressured and want to harm me and as I do not have a better option unfortunately At the moment I'm busy because of the difficulty of getting a job

  14. Good morning,
    My husband works 12 × 36 in a hospital at night. January took a vacation and returned in February. on payment made in March they did not pay the nightly surcharge, is this correct?

  15. Hi, good afternoon, the following story worked in a company that never deposited my Fgts and I knew that when I decided to leave, it happens that the registration can not be carried out without the payment of these fgts in arrears, and as I am related to the owner of the company my parents are against me go in the ministry of work as it may end up affecting this company.
    It turns out that I'm already working elsewhere and I was registered there, the old company that worked when I learned to transfer my record of administrative assistant to watch to avoid hatching the schedule of the other company and not give problems for them, I wonder if you have and how can I make a complaint to the ministry of labor about it?

  16. Hi Cleitom, how are you?

    I think we have some different problems that need to be worked on.

    1 - Related to your role, I believe that having no other employee helping you can be a bad thing, but it is not the company's obligation to have more than one employee for the same function (though desirable). I do not think there's much you can do, except make the request and cheer.

    2 - For overtime, there should first be a point system or something like that in your company. If it exists, you just have to mark the time of arrival and departure. If not, there should be some form of accounting for you to be paid at the end of the month according to the amount of hours worked over. If this is not done, it is worth talking to your manager.

    3 Moral abuse is a subjective issue, and if it really bothers you, I believe there are some things you can do. This post illustrates this better -

    I hope to have helped and good luck

  17. Hi good night ! I work in a company of the services of alignment, balancing and sale of tires, where I work as a stockist. when I was admitted to the company manager at the time had passed me what type of work would be done by 2 stockists but with time I saw that what he had said was nothing but a big lie, so always I have to work alone with a type of heavy work that involves storing tires in the store's upstairs, and on average every 15 days arrive from 200 to 320 tires to save alone more currently the manager is another because the manager who hired me left the company 2 months then and the current manager he is in the company to a 8 years he was assistant manager and now the current manager and it does nothing to try to resolve this situation and to give you an idea recently a 2 weeks ago had arrived tires and I went up he asked me to ask some employee to help me and I heard an insult and he turned around and said that if I had not been giving my work that was to tell him that he would put another in my place and that made me very angry and disappointed even as I try to do my best within the company and I see that do not have the slightest respect and value and beyond that until company accounts I paid for this manager and he also often ask for that at the time of closing the store I stay there as if it were some security because he is afraid to close the store alone and in this game I have already lost the accounts of how many hours I stayed over the account without gaining a real extra so I have felt abused would like to know how to proceed in this case. thanks in advance

  18. Hello my name is Patricia and I have a question. I work every day six hours of 13: 00 until 19: 00 and I want to know if I have to wait for the night attendant to get to leave.

  19. Good evening, I want to take some doubts, can you help me, please? My name is Fabiane, the company in which I worked I was dismissed a month and a half after I returned from maternity leave, until then, but after dropping my wallet and I went to the union to do the homologation; I saw that there were notes and it says there was a change of function. From caretaker to general services helper, but this date from when I was on maternity leave. That is, without my knowledge. I know it was not done on the date of my leave because I gave up my wallet only when they said about my dispensation. But what gave me doubts is if they can make these changes of function, even more without knowledge or consent of the employee?

  20. Hi Isabela, I'm not an expert in the field and so I suggest you talk to a lawyer, but speaking from my experience, the transportation coupon is a worker's right and an employer's obligation. So if you ask for this amount, it should be accepted by your employer, even if you have signed a document some time ago.

    Anyway, I found some articles that can better clarify the situation and help you convince your employer

  21. Good night
    Working at a stationery makes 2 years
    I went in there when 17 was over the years and my boss said that I had no right to the shipping coupon and that it was in the company rules that the employee there did not have that right. He made me sign a paper that said I did not opt ​​for the shipping coupon and I silly, I signed. I live more than an 1km away and went on foot all these days. A few days ago I called him in a conversation because I knew through my family that it was his duty to pay me but even so he denied me claiming that I signed that blessed role !!! what I do?

  22. Hi Aline,

    Responding to your question, being a LTDA and a microenterprise at the same time is possible. Let me explain to you better how.

    1 - every company has a size defined according to the billing it owns. In the case of small companies, it is common for the company to be characterized as microenterprise (if it invoices up to R $ 360.000) or small company (EPP - it makes between R $ 360.000 and R $ 3.600.000)

    2 - every company, also has a legal nature. That can be EI (individual company), EIRELI (Individual company with limited liability), LTDA (limited company) or some others.

    That way, it's okay for you to be a micro-company with a limited partnership.

  23. Hi Maycon, you can refuse to sign yes yes on retroactive date yes, after all this is an illegal practice of your company. See this post:

    Now, unfortunately, it is also your company's right to dismiss you and this may be a consequence of you not "abiding by established rules." It's worth analyzing how much these delays influence your day to day, talk to the people in charge of the company and, if you do not think it right, sign the date of payment itself.

  24. Hi Marcílio, in general I believe they offered a "fair" exchange for you. Regarding the legality of the matter I suggest that you seek a specialist in labor law who can inform you better, but it is possible to sell part of the vacation to the company. In this case, your company offered compensation for the time worked in an equal amount of time.

  25. When the company is LTDA, and you are registered as ME (micro companies) this is considered a crime?

  26. Good morning!
    I work in a company where there is always a payment delay.
    At the time of signing the pledge the mistress says to put the date as if she was getting up to date.
    I think this is a totally wrong practice.
    Can I refuse to sign? and what is the law that protects me in this regard?

  27. I took 30 holiday days and the company asked me to work 4 days already on vacation. The company wants to pay me these 4 days not in cash but yes with slack. That is, instead of returning activities on 30 days, I will have to return 34 days. This is cool?

  28. Hi, Diogo. Every work regime depends initially on the employment contract that you have established with your company and union rules.

    But in general the regime established by the CLT delimits 8 hours of work daily. This period can be increased up to 10 hours (paying two overtime). Depending on your contract, it may be necessary to pay overtime on Saturdays and Sundays as well.

    So it pays to look at your work contract and also talk to a specialist in the area to make sure what is allowed or not

  29. Hi Mariane, how are you?

    The salary discount can only occur if there is evidence of guilt or fraud, which does not seem to be your case. See more on the subject in this link -

    Now, since the cash break is not required by law, I can not say with 100% of certainty what would be the legal procedure in this case that you mentioned. It pays to talk to a specialist in labor law

  30. I work in a company and nois works around 12 to 15 hours a day from Monday to Monday they paid me overtime now they have changed and so paying produsao they can do this and compel the official to work for 20 real one Saturday or one Sunday because and what they are doing I want to know about my rights and have changed me to production without wanting to let me know if they know that in the production with their machines, we can only drill 100 to 150 meters a day, earning 20 cents the meter pierced it when the machines do not spoil and nois even has to arumar being that we are not mechanics they can do it

  31. Good evening. Work in the City of Contract (No link in the work portfolio), being 30 hours per week (6hs / day). Can I get another paper that is signed? Maintaining both simultaneously (Contract and Work Portfolio) ??
    Thank you!

  32. Hi, I work as a cashier in a bookstore and I get cashier's wrap, which is registered on my check, but not in my wallet. We did a survey of the store and it is missing many books, and the store owner is saying that it will get out of our cash crunch, because it is not obliged to pay us, and so does not deduct from our wages by "getting rid of the bar". I've been working there for two years and there are books that were already missing before I even went in, and there were already a lot of officials there and everyone left without paying. Can this legally?

  33. Hi Alisson,

    It is important to analyze whether dismissal procedures have been done correctly. This type of verbal agreement unfortunately has no value to justice, so I recommend that your father organize any evidence he has of the agreements made. Now, to say whether he will have to pay or not, unfortunately it is not for me to say.

  34. Oops my father has a company, mechanic workshop and my uncle on the part of father ie my father's brother and his wife wanted to work with him the agreement was they help him with the tax part ie notes and etc and the payment would be to services for repairs of tractors and heavy machines, and for a while they wanted to fix the company and my father set up the machines and paid him I think 1500 but I'm not sure this was for both uncle and aunt, and worked 8 months with my father and wanted to resign and my father fired them was what they wanted my father and they signed the Termination of Contract and after 1 a year and a half ago my aunt entered against my father asking for the settlement and she had said when she was fired to my father who would go to court because he asked Demitila for her to get unemployment insurance when she left it. she said and then ag after 1 year and a half she left that 17mil of moral damages and hits she can earn that money will be my father will be forced to pay that money?

  35. Hi Jonatas, it's annoying to see this kind of attitude towards the worker these days.

    You need to wonder if getting out of work now makes sense for your life if you and your family have the framework for that kind of measure now and so on.

    If you feel that you really do not want to go through this kind of attitude towards your job, you have to appeal to your rights. I will only reinforce that I would try all the friendly ways before that and try to gather all the evidence of the "abuses" before taking any action.

  36. Hi Daniel, no company is required to pay cash wrap, so you do not receive this amount has no problem. Regarding the vouchers I'm not sure, so it's worth consulting a specialist in the labor area

  37. I work in a retail company, a large network, I am a manager, and I would like to know if I have the right to cash, since I also work as a cashier, in addition to dealing with cash and have already signed several coupons, the company can deduct vouchers on my Sheet and not pay me cash wrap?

  38. Hi Rafael, good morning, obg for your attention
    First there was contract, second job at height under natural hazards, electrics and etc., I ride a motorcycle, empesa nunk provides training, and there is no supervision on the safety of the contractor, the company does not provide sufficient safety materials, fgts correctly, t forces you to work 8: 00 the 21: 00, sometimes with the correct lunch time working in camera and responsible for customer support by phone, her law is that if the official is dissatisfied and begins to demand, she somehow tries to coerce and cause situations for the official to resign without a chance of friendly agreement. In those days until verbal aggression suffered, one detail I have proof of everything
    So what's up?
    Indirect recess.

  39. Hi Isabel, I do not think it's fair. It pays to talk better with your superior so that the times are corrected on those days when he arrives late and causes all other staff to delay on the point sheet

  40. Hi Bianca, I'm not sure how this type of accounting works. I recommend that you look for a specialist to analyze your case specifically.

  41. Hi Jonatas,

    a first important clarification is whether or not your job pays overtime. For example, management positions do not pay overtime normally. Also, about your work schedule, dangerousness and the like, it is essential to know what your employment contract and your union say.

    Other than that, if your employers really are not fulfilling obligations and you are dissatisfied, one of the options is to file an action. Here I always suggest that you try to solve it in a friendly way, since any process can make your situation in the company unsustainable.

  42. Good evening.
    I have a doubt, I work in a company ha 4 years and they took 9 months to sign my portfolio, they put me in a function where there is a certain risk, but they never added the dangerousness, besides working out of schedule, always beyond 44 weekly hours without overtime, always working by necessity Sunday to Sunday if nrcessario and always receiving excuses related to the right adjustments to my wallet.
    I have decided to demand my rights, regarding overtime, dangerousness and working conditions to perform the job, the employer's refusal to solve, what should I do?
    Log in with a TM action?
    Do I hurt myself for having exercised the function for a while and now I have decided to charge?
    Detail from the moment I began to demand my rights, the company began to prune axo that in order for me to request demiçao
    I need a light.
    Thanks, I'll wait.

  43. Good Morning!
    One question: the boss arrives late every day to open the store. It is he who records the schedules. Is it fair to record the late arrival time when employees arrive correctly?

  44. Hello,
    I have doubts with regard to payslip.
    I worked the month of December of the day 01 to the day 23 (24 and 25 weekend, being 25 holiday).
    Is it okay for the company to only pay me 24 days? Being that I'm a monthly planner and the vacations counted from the 26 day?
    I need an urgent response!

  45. Hi Alex, it's important to look at what's in your contract, but at first you seem to have a normal workload, since you work 7 hours a day during the week and 4 more hours on Saturdays.

  46. Hi Jarielli, this is an unprecedented case for me so I will not know how to respond with precision. It pays to talk to an accountant. Anyway, if the sheet is worth more than what is in your contract, I think it is the case that you alert your company's HR to correct the information in the payroll.

  47. Hello, I believe that in this case, if this change in the contract leads to a reduction in the work portfolio to start another paid activity, in theory, you should receive the vacation proportions and thirteenth in the recess and, when hired, start again the process of accounting for these rights.

  48. Hi would like to know when you work in a registered company, there your boss wants to hire you to work in the same company only different time in this other time agent has the right to vacation and thirteenth salary?

  49. I have a question, if a person is called in a company for a test of three days and each day stays in the company of two to three hours (remembering that the vacancy is of load of hour of six hours daily) the company refuses to pay for these days .. only offers transportation worth, is it illegal or not?

  50. good afternoon! My salary on the payroll is higher than I earned and my boss does not want to pay what this is. He can do that?

  51. Hello, I work 8horas and 30 minutes a day from Monday to Friday, with 1hr and 30 minutes of lunch, and on Saturday from 8 to 12: 00, and I do not get overtime, is that right ???

  52. Hi Débora, in general it's not not right, but you can talk to your company to get these details right.

  53. Hi, Renata, you mentioned that he beaks. So I guess you have no employment relationship. In this case, it is important to know how the company hires your husband. Usually it should be outsourced. In that case he would need to have a CNPJ or the company could issue an RPA (which focuses on 20% of taxes). In short, they are cases that need to be analyzed to know what is legal or what is not.

  54. Hi Danilo, if you change your contract, you can, without any problems. If you stay with the same contract, you will probably get a role deviation characterization. It's worth talking to your company's HR to see how this will happen.

  55. Hi Fábio, not generally, but I do not think this has a big influence on the outcome of the story, since putting one day or another will not make a difference in the resignation itself.

  56. Hi Mauricio, I believe the way is to charge your rights even. I only recommend that you do this in a friendly way, giving space for all interested parties to give their opinions.

  57. Hi Daiane, this all needs to be established in contract. If not, you can charge your boss, if not, you need to accept the rules you agreed upon when you joined the company.

  58. Hi Paulo, I see no reason why you would not make a process established by your company to offer a product while you work.

  59. Hi Camila, this needs to be talked to in the HR area. In general, if you do not have the vacation, you will be entitled to it at another time.

  60. Hi Ishmael, I think you've already gotten the answer in the hehe question itself. It does not seem right to me and not within the law. It is probably a subterfuge to escape the high burdens that also affect this overtime. Although I do not support your employer in this act, I understand that entrepreneurs and entrepreneurs suffer enough to pay a high tax burden on their employees.

  61. Hi, Luciano, it depends on your contract. Generally speaking if this is all in your contract, it will not characterize nonfunctional deviation.

  62. Usually the first step is to have everything very well arranged before you start the company. As you are already working, it is worth talking about these rights. With regard to using internet and company software, they can be part of the sales routine, everything will depend on the contract once again.

  63. I am always in favor of a friendly solution. Overtime is mandatory and is in law. It is worth talking to your superiors to make this clear. If they continue to refuse, even though I think this should be the last resort, you can go to court to collect your rights.

  64. Hi Diego, it depends on the differences in activities and work between janitor and janitor in your company. If it does not make a big difference, I welcome the willingness to help the company at that time. In any case, in general, depending on the type of activity, this may be a function deviation and in those cases you could refuse to make this temporary change

  65. Hi Aliisson, yes it is allowed, but if in your work contract is that your schedule is from Monday to Friday, working on Sundays features overtime that must be remunerated.

  66. I do not think it's obligatory or even wrong. If in your portfolio and contract you have a correlates item it is likely that they will be able to give you activities eventually without characterizing function deviation.

  67. Hi Maxwell,

    one thing always important is to check what was defined in your internship contract because there is the possibility of a trainee working up to 8 hours. Anyway, if there were out of compliance items you could talk to the HR area of ​​the company to get a friendly settlement or get in court. Here's some more information:

    The maintenance of interns in disregard of this law characterizes the employment relationship of the student with the granting party of the internship for all purposes of labor and social security legislation (1 of 15 of Law No. 11.788 / 2008).

    reference -

    It is worth checking all the rights and duties of the trainee here -

  68. Hi Jose, I believe the best way you can go is to share your knowledge with your boss and with other teammates. If you really have a higher understanding you will continue to be needed and, more than that, you will have the support and vision of others of that importance. If you decide to omit information, I'm pretty sure there is no legal support for it, that is, if your boss wants, you can fire him

  69. I have a question, when I joined my company, registered me as "servant", but my profession is machine operator, and I have been working as a forklift operator for a year and they have not changed my wallet or salary, I can to resort? Because I'm thinking of leaving the company, I'll find a way to get them to leave me.

  70. Good morning, I'm a nurse, I work under CLT with a weekly workload of 40hs, but with the specificity of working on a mixed scale, that is, in the morning, afternoon or evening. The hospital where I work did not make any type of "collective agreement" and does not accept to do so. It is a fact that we are harmed, because some things happen that cause me strangeness; I've worked in other hospitals and none of them worked like that. I will give examples of what is happening and would like to know if it is illegal.
    1- Being my mixed scale, (sometimes morning, afternoon or evening), it would be "Uninterrupted turn of relay"? (Art 7, 14, Federal Constitution)
    2- My night shift starts 20: 30 until the 07: 30h the other day, with 2 hours of rest. that is, in these 11hs, we only count the 09hs worked + 1h of the difference of the night time (nocturnal time = 52min30seg). But in these two "rest" hours (which happen after midnight) we stay inside the hospital and there is guidance for not calling us, but this is often impossible because I, being the only nurse in the industry, ethics prohibits me from "leaving" my workplace and / or refusing to attend in an emergency. Can these hours of "rest" (not counted as hour worked, that is, without any compensation) be considered as "Warning"?
    3- Still on the night shift, can I take two shifts in a row? Ex: I assume the 20: 30h of the 23 / 01 day, I work until the 07: 30h of the 24 / 01 day and I take over again the 20: 30h of the same day 24 / 01. That is on 24 / 01 working day in two journeys (from 00h to 07: 30h and 20: 30h to 23: 59h), is this legal ??
    4- On the workload: the great majority of our shifts are of 10hs of duration, or 07h is started: 00h until the 18h: 00h with 1h of interval, then the 10h is initiated until 21h: 00h with 1h interval, or 20: 30h is started until 07h: 00h the next day, with 2hs of interval. I consider that the normal daily time load is of 8hs being possible in "extraordinary" cases to extend up to 10hs (Art.59 CLT). However, in our case the 2hs, which would be "Extraordinary", were included in the daily workload and lost the characteristic of "Extraordinary", is this legal? at 9º and 10º hour should be paid as extra? It is worth mentioning that these hours obey the weekly limit of 40hs.
    5- There are periods in which we work up to 04 days in a row with a time load of 10hs + 1h of interval, that is to say 11hs of daily work, Ex: 10h as 21h. That is, in this period it is impossible to socialize or work any other activity. Is there any law that protects the worker in this sense?
    Note: The hospital assembles the scale based on the CLT and obeys some standards like, 36h weekly rest and interjornadas of minimal 11hs.

  71. Good morning, I would like to thank you for making this informative content very useful for our employee / employer relationship. Well, in the company where I work as a developer I'm the only one with a specialty in computer graphics, but my boss wants me to pass on my knowledge to another programmer who is "crazy" to learn how to develop the marine navigation simulator I'm doing for company. The knowledge I have in the area is very expensive and requires several years of study, and I do not want to pass on to him (or any other person that the boss hired so I can give information to him) because I run the serious risk of being dismissed and the boss stays with the employee to whom the information is passed. My boss is a lay person, he does not know anything about management or the technical area in which he is, for he is the boss's son.
    I would like to know if I have legal protection to inform him that it is not possible to pass my knowledge to another person (at the risk of being excused). Very grateful in advance.

  72. Hello, I was a trainee for 5 months working 9 hrs a day, and 8 hrs on Fridays (44hrs), I signed a worksheet with this schedule, I worked a few days until the night, then I was hired but fired from nothing in the experience period without any reason ... the internship period should be 6 hrs daily (nor on days of proof that have to release early they released), I did the same thing as the contractors who received 5 times more than I at the same time. The owner of the company put me to do services in his house at least 2 times a week, I had to paint the houses he was going to rent, even the company cars I had to wash every Friday. I was an electrical trainee. In addition they sent me to a shipyard where I had to be 6 in the morning on the quay to not miss the boat that was going to island. This being just an intern.
    Can I ask for any type of compensation or salary equalization or accrual of duties during this time as a trainee?

  73. Hello
    I would like to ask a question.
    The company I work with has always given my own transport to and from home and company, but now I live in the same city, my boss never paid anything in relation to transportation, I was going to my car to work, I went to talk to my boss if the company could keep this my transportation, he told me that I would have to ask for the VT.
    Is this right?
    Because I never paid anything to go, and now I would have to deduct from my salary, and the others from another city would continue without discounts and still with transportation

  74. work in a supermarket and in the portfolio is repositories and correlates, my doubt is the correlatos and obligatory, or it is only when necessary it carries out this function.

  75. I have a question, my work schedule was general Monday to Friday, at a certain time of year my manager determined that we would have to work on Sunday. Is that allowed?

  76. Very interesting this subject on notice, did not know that could turn into just cause.

  77. I work in a company doing 3 month registered as Store Operator and exercise load and unload function, when load arrives. Heavy the employee has no right to complain or ask for help was what happened to me these days to unload a cart of rice, it's just me and a guy with a hearing loss and voice, I went to ask for help in charge sent me home says that you are too lazy to go to rest at home and when I went to talk to the managers they say go home you are changed, and I was not the next day I asked the manager to change my sector, so he told me to go home again and the other day I came back and gave me 2 suspension of this is absurd I think someone can help me with some tell me what I should do to look for my rights

  78. My manager gave me a day off. He conceived as an award for me. However, the company's HR was not reported by the company and cashed these hours. HR's argument is that there is no day off bonus law. Is this information passed by HR correct? Even if the manager dismisses me on an off-duty basis, will my hours be lost?

  79. Good morning my name is Diego my job here in the company and doorman is my wallet is signed as a doorman, and I want to put it to take the holidays of the caretaker, I am obliged there?

  80. I work in a company where I do not pay overtime, and once they require me to work a little more than 8h a day, I get stuck, with no option, because if I refuse to stay, it may even be the case of dismissal. sanctions that my employer can undergo? and what should I do?

  81. Hi, my name is Fernando and I have a question! I work in a kiosk at Ibirapuera Shopping Mall, I joined 29 / 11 day and until today we were not registered, nor did they get my documents or anything. Every day to the owner of the establishment, he says that he will send away those who do not sell. Also, when I went to do the interview I joined as a salesman, however, every day I open the kiosk, and everything that is to do in the Internet, register products, take inventory, do sales survey, and other activities like, they make me do this activity. I read in the shopkeepers' rights that when we work on Sundays, we have to have a value for the meal, because we do not receive a meal voucher, and this value she said she will not pay. I would like to know what action I can take for this case, and also if I am sent off. Thank you!

  82. I work at a snack bar at dawn accompanied by another employee, each one has a week off only from 4 months to now my co-worker who is the boss's brother and his employee takes two breaks a week and I have to work alone two consecutive nights washing dishes, cooking, cleaning floor and still meet counter all alone. Does this characterize function accumulation?

  83. Hello ... Good evening ... the company where I work is intending to change the registration scheme of point and overtime ... the company wants us to work the eight hours at the point and the rest from the outside .. ie hit the point when closing the eight hrs worked and then return to work and they pay these hours remaining out ... every monday .... would that be correct ??? Is it within the law ??? how can I claim my rights without harming myself with the company ...

  84. Hello my name is Camila Araújo, I work in a company where I have 2 functions, and in one of them the company decided to give collective vacations to the team, I would like to know if I can take a vacation, or should I stay in the company performing the other function once that I have not yet completed 12 months of work?

  85. Have a question. Working in a Call Center, the work portfolio is as "Attendant" (not specified), but is part of the receptive collection sector. However the company has established that we now have to offer a plan (offer of cheap package) to the customer in all the connections, where I will not win any commission if the client accepts and, on compliance is subject to disciplinary measure. Am I obligated or not? Thank you very much in advance !

  86. Good day.
    I have a question ... help me.
    Working in a company as a salesperson for a site with automotive parts, I receive in addition to my salary a commission in%.
    My coworker took a vacation, and my boss put me to stay at his call, which is at the counter selling parts ... I did not receive my salary recharged the previous months ... because my commissions only count as sales through the site and not the counter.
    But, what's up!! My boss is not talking about this important detail. I feel harmed.
    What to do?

  87. Hello, my name is Isabel Costa and I have a question about cash drain. I am a box operator of a large airport parking network with an 12 / 36 workload at night and value handling. Since I do not receive a cash break, is it correct that there is a discount in the amount of any human error that may occur? Until recently, this collection of payrolls has been taken away and is generating vouchers for the cash operators to pay out by coercing them if they do not make immediate payment of the lack of provision of some amount with the punishment even of a suspension. I need a lot of help Dr. Igor Baia
    Thank you in advance for the attention of the noble magistrate.

    Isabel Costa

  88. Hello. It is coming in my check, the discounts of 6% referring to the transport voucher and also the discount of the food, being that, in fact, I did not receive transportation or food. I am about to receive payment for the month of November, and the payment forecast is for 09 / 12, ie from 5 business days. In addition, in November I did not receive any transport or food, but the counter-check probably comes with these discounts. I am thinking of doing the following: On the day of payment, if I include the discount (transportation and food), I will ask to have the counter-check correctly redone, otherwise I will not sign it. So I'm going to inform you that I'm going to file a complaint in the labor ministry, because in this way, I can prove that I did not receive anything from transportation and food. There is also a receipt for transportation and food that I will not sign, as I would lose all right to charge to justice. The case still involves that, I am depending on this money to honor my commitments, and if I do not receive, you know when I will be able to receive. They can pick up witnesses in the company that I refused to sign, but I'm not worried about that, because I'll have proof that they're trying to coerce me into signing a document that is not what I'm actually getting. Important detail: The company where I work provides services to the government, and I am the outsourced in the secretariat, and I will still communicate the head of the sector of this secretariat, that I will not work the day after the fact, because I will make the complaint in the ministry of the job. I would like to know if I am doing the right thing, because I do my job right, I am assiduous, I behave with professionalism, and there is nothing to disabuse my conduct, neither the service provider nor the secretary. Thank you in advance for your attention.

  89. Hello .. Good evening!

    I work in a travel agency, inside a mall for almost 3 years, when I joined the commission it was 12% and with time it was decreasing, and today I made the account and I'm getting around 6%, my contract is not commissioned , however in all the paychecks comes the relation of the commission of the month described. The doubt is, can the company reduce commission when it wants, for any reason?

  90. Good afternoon, I would like to ask a question, I am a trainee, the city hall that I was linked to will change the command, so they started to fire everybody to cover the holes of 4 years, except that I was off duty and came back on Saturday, slack tb, I returned in the second, the term of dispensation that they wanted me to sign states that my last day was the day I was having a good time.

  91. Hi, I wonder if the civil servant is forced to change his work schedule when the immediate boss wants this, even if you do not agree. Thank you in advance.

  92. Hello, I work as a Cashier and receive 1435,00 of Base Salary + 102,00 from Cashier. Are they going to change my function for stockist and I will only receive 1435,00 ??? This can?

  93. hello, my husband is working as CCTV (installation of security cameras, installation of intercoms, installation of automatic gate motor, electric fences and collective antennas) he has time to enter 7: 00h only has no time to leave, because the boss says it's because they work on the street.
    He does not receive an extra hour, he has to work, he does not receive a basic basket, he does not have an agreement, he does not receive 13º, sometimes he has to work on Saturday and Sunday because he says he's on call.
    you have to take a pot because the company also does not give food tickets.
    Is that right?

  94. Good Morning!
    I'm pregnant for 6 months, and I'm at risk of pregnancy, I've brought all the documents to the company proving, I have a bad time because of the high blood pressure, my position in the wallet is of assistant adm, they put me in a function that I have to get weight and do effort, now they are doing everything to make me resign, how can I act?

  95. Hi Kauan, I could not tell you 100%. I believe that common sense should prevail in this case. If it's just a case, it's worth talking to the person responsible to do the correction manually. Now, if this is a recurring habit, it can hinder the control of hours worked.

  96. Hi Leticia, it pays to get better acquainted with a labor lawyer about specific details related to your contract and the type of scheme that exists in your profession. Anyway, I believe that your company can fire you if you wish, regardless of whether you have college or not.

  97. Hi Thais. I do not know what your contract with this hospital was, nor what are the trade union norms in your industry. So I recommend that you seek a labor lawyer or accountant specialized in your industry who can advise you by saying exactly what your rights are

  98. I worked at a pizzeria for a while and was registered as a clerk's assistant, except that I did everything from cleaning the floor to closing the box, filling a check, shopping at the corner market. Is that right ?! And another, I had never worked in life, it was my first job, then I was registered day 01 / 07 but I just took my wallet day 27 / 07 registered me before because I worked a time without registration, there the office has put since that date only the issuance of my wallet is only on 27 day. Is that right, too ?!

  99. Hello I was fired on 21 on September 2016 I worked in this company for 4 years and 7 months on 12 / 36 I did not receive a holiday and on Sundays do you think it's worth me to file suit against them?

  100. Hello, Good morning. I work in a private hospital and 5 has been there for years. At the time I entered I worked during the day at the reception, after 3 years of company was established by the hospital that only new employees would be admitted who were attending or who had already done college. I was informed that I have to start a college until 2017 if I do not lose my vacancy the night and I will not work as receptionist anymore, yes, in the administrative part. Can they do that? Since this rule did not exist at the time I entered?

  101. Hello, Good morning. I work in a private hospital and 5 has been there for years. At the time I entered I worked during the day at the reception, after 3 years of company was established by the hospital that only new employees would be admitted who were attending or who had already done college. I was informed that I have to start a college until 2017 if I do not lose my vacancy the night and I will not work as receptionist anymore, yes, in the administrative part. Can they do that? Since this rule did not exist at the time I entered?

  102. Hello Guilherme, in cases of establishments with more than 10 employees the law is clear: it is mandatory the existence of a control of the time of entry and exit of employees. To protect yourself, you can try to get together with your colleagues and seek dialogue with your boss, as registration is good for both of you. In the event of dismissal, you will need a witness to tell you how your work actually happened, how many hours did you work, etc. There you would have the right to overtime pay and extra night, etc., fine for non-compliance with the minimum rest between working hours, etc.

    I hope I've helped, a hug.

  103. Hello, Diego, you have to see what the conditions were right when you were hired. Also, if there is a cleaning function in your store, you can ask for function accumulation. Eg there is a hired employee for cleaning that goes every day in the morning, you can plead in the judiciary the differences that you did not receive by being performing similar function. But pay attention before you seek the judiciary, if it is a quick function that you do, you probably will not win the lawsuit, it will only gain a headache.

  104. Camila, the FGTS is a compulsory insurance that the employee is entitled to in the cases in which he is fired WITHOUT FAULTS. As you want to leave, there is no way to get the benefit.

  105. Good evening, I work as store supervisor, they require that I sweep and step cloth in the store every day and also clean the shop window. Am I required to do these cleanings?

  106. Good afternoon! I work in a carrier as an office assistant and with the signed license. But the company does not hit the point and we work late and we do not have overtime, we do not have hours to get in or out. There are days that I leave 2 hours of the morning and 6 of the morning already to return, if I get to be fired what are my rights?

  107. Hello I have a doubt, when only 1 markup is missing in the day, can the company cash all day if it does not do the 4 markings? Thank you

  108. Hi Anderson, in general these changes are normal yes, unless some specific store is specified in the contract.

  109. Hello! Good evening. I sign my spreadsheet with 12hrs times until 20hrs, but I always get 30 minutes before. Am I entitled to receive overtime?

  110. hello my name is anderson and I would like to take a doubt work in a company that has 9 stores in my city and I would like to know at first they put me in one of the stores that was closest to my house and now they are moving me to stores further away this Can they keep me moving from store to store without consulting me first? They just talk, they go to that store, they do not ask. It's good for the locomotion. Thank you. Thank you. Thank you.

  111. Hi Cibele, this seems like a very delicate case to me. I would continue to try for some more objective answer about your future with the company and, if there really is no future, how they expect to pay what they owe you (these holidays expired).

    In the meantime, I would seek to safeguard myself with references and proofs of this non-payment and would also seek legal advice on how to proceed. It will not necessarily be a process (even because friendly solutions are always better), but it does not hurt to prevent and see your possibilities from the point of view of someone who understands labor rights.

  112. Good evening, I worked in an outsourced 4 years the service contract ended, they asked me to wait at home to see where it was going to be transferred, I'm with 2 expired holidays, already 10 days I'm at home, I call the company do not give any answers, what should I do?

  113. Hi Amado, it is important to understand what is written in your work contract, but at first the default time set by CLT is 8 hours per day and 44 hours per week which would result in 8 working hours during the week and 4 hours more on Saturdays.

    There are other ways of distributing this workload, but when you exceed some of these limits, you must pay overtime according to the type of overtime.

    To change this in your company first you need to talk to your employers to come up with a fair and right solution for everyone. If you can not, you can go to court.

  114. hello, good night, I wish I could get a doubt.
    I work 12 hours a day from Monday to Saturday, I work in a butcher's 7 in the morning at 20 at night I have an hour of lunch and Sunday I'm forced to work from 7 at 14 hours I wanted to know if by law and mandatory 8 hours a day What can I do to change this in the company?
    can you still work these hours when I do?

  115. Hi Adam, this will depend on your contract and what your link with the company lays down.

  116. Hi, I work in an outsourced cleaning company and they always change the address people even if we do not want to and are forced to move from the workplace or there is some law that I can deny this change ...

  117. The use of the work card is mandatory, so the fact that they give you the wallet as if they had not counted your period in a certain function seems to me wrong. At first I believe that it may be arrived at in a solution for them to properly sign their portfolio of work, if there is no agreement, I imagine you should appeal to a labor lawyer to give you further guidance.

    Maybe this article might help you a bit more -

  118. Hi Natane, the obligation will depend on union agreements and if your activity is in the list of indispensable activities. That is, at the beginning, depending on the case, your company can force you to work on a holiday (provided that you pay double or compensate the day worked in another), with penalty of warning or suspension if you have not fulfilled your should. But as I said, it's a specific case that depends on other factors.

    I believe these articles can help you e

  119. I have a doubt! I worked in a company where I joined the 16 years, in the position of apprentice until then everything told in my portfolio and everything to do my 18 years in this same company I moved to the office of warehouse where I worked around 1ano and a half a week went sent away when consulting my portfolio did not count the position of warehouse is correct that? what measures should I take?

  120. Hello, I have a question. 6 × 1 work does not work Sundays and holidays. Last Saturday was a holiday here in the state of São Paulo, but my supervisor was demanding that everyone go to work, I refused and I did not go; and who has had bank hours 100% Now she gave me a suspension of one day, and that in the point sheet was already a holiday. It's wrong? How should I appeal? Thank you in advance.

  121. Good evening, I would like to know if it is legal for the company to want to deduct from the salary when we do not hit the 15 hour point for snacks.

  122. Hi, Hugo. before going to court or ministry of labor it is always better to seek friendly solutions with your employers. If possible, talk to the company's HR area and explain your situation.

    Generally speaking, you should initially perform the function for which you were hired and, in your case, as it is not, the situation may be an employer error, but it is necessary to specifically analyze the details of that change, since other items may influence this action.

  123. hello my name is hugo work in a company more than 3 years! I was changed of function and besides changing of function I am not receiving what is in my portfolio I am receiving less because to where I am the salary is not the same as the one of my portfolio I must go to the ministry of the work?

  124. Do you work the 44 hours? If it is yes, you are entitled to 4 hours (4 hours only) / Saturday, except in case you or your superior part extra hours. And more than that, it is considered "slavery", because "slavery" is not within the labor law. Talk to your supervisor and / or supervisor. If you can not, go to the MPF, sue. Good luck! (ps: I'm no expert, but I know about it).

  125. Hi, Nathalya, is everything okay? First of all, I advise you to talk to an expert on the subject, as this is not my direct training. Anyway, I can try to help you understand your reality. Let's do it by steps:

    - Your duties should be consistent with what is in your contract of employment. While it sounds simple to be writing general service helper, just knowing this information is not enough, you need to analyze the assignments of that function in your contract to see if the concierge function is there. If not, it's up to you to reevaluate this with your employers.

    - In relation to this extra work load, you must once again resort to your work contract. As you said that your stipulated time is from 11: 30 to 20: 30, at least you will be working more hours a day than you should, being entitled to receive overtime. Another important detail is that you theoretically also have the right to overtime interjornada (when there is a period of at least 12 hours between one working day and another.

  126. Hi, I work in a school. Particularly my function is practically as a porter because I'm all day in front of the gate opening and closing. And clean school weekend without gaining anything extra. More being that my portfolio is not signed as the porter school function but rather as a general services assistant, I asked her to switch to a porter and she said that she can not because my work and my workload, I wanted to if I can not even if this is right the function she put in my wallet?
    I also wanted to know something else. My work colleague is going to go on vacation and I have to stay in the morning 06: 00 in his schedule and I go back home 13: 00 and then back to work 16: 00 until the 20: 30, and from 11: 30 to 20: 30, and I do not earn any extra money or some kind of overtime doing that scale to cover my colleague's vacation? I wonder if I can make some money? And if only Thank you, will you accept this time?

  127. Yes, because my schedule in the work contract is 12 / 36. I arrive at the store at 9: 00 in the morning and I leave at 22: 30, being that I do not have lunch time and neither dinner nor an hour break.
    For in the labor laws are they stating that the employee must work 12 hours and slack an hour within those 12 hours and still having half an hour for lunch and half an hour for supper? Right?

  128. Hi Elida, with the time sheets registering the same time for a period of time, gives you evidence to prove the verbal agreement, but for not being an expert on the subject I suggest you talk to an accountant and try to reach an agreement with your company so you do not get hurt

  129. Hi Rafael, the management post has a certain flexibility yes. For example, if you do overtime, your company will need to pay you a figure corresponding to that extra time. Because she is a manager, she loses this right (even though she is CLT).

  130. Hi Paloma, this will depend on what is in your work contract. I'm not sure, but I do not think your company has any kind of impediment because of the last bus, but anyway, it's worth trying to come up with some sort of schedule agreement that does not hurt you.

  131. Hello, my name is dove work in a company that my schedule is until ten o'clock at night, because my last bus passes at 10:30 and now I'm leaving late, about ten and twenty leaving the store, and still my boss wants I close the store? Am I required to leave after hours? And still close the shop?

  132. Wave
    I have been working in a company for three years and since I was hired from 16 to 23 and I do not leave my post for lunch, now my boss changed my schedule without notifying me of 17 at 00: 30. all my point sheets record for three years the schedule that was agreed upon at the time of my hiring, but in a verbal agreement. The contract on paper never interfered, he said, which was mere formality. as the schedule does not give me to continue in the company I asked him to send me away so he does not want it, I agree to quit the 23 and between two days a week and do 12 hours without being paid. this can ? Is there any law that will prevent me from changing my schedule?

  133. Hi Rafael, good afternoon.

    My name is Rafael and I really enjoyed your post, although she did not have a clear answer, directed to my questioning.
    I am working in a company, where it has both employees and outsourced (case managers).
    The supervisor of my sector (who is considered manager of the sector), is also hired under CLT and the issue is that she does not meet the 8hs daily work. In a conversation with HR, I was informed that she has the "flexibility" to enter and leave the company without the need to comply with 08hs, because she has the position of manager of the sector.
    My question is, can the company make this differentiation of rules for it, just because it has a management position, even if it is also hired under the same CLT scheme?
    I am asking this question because of the other employees, it is charged the fulfillment of 08hs worked per day.

  134. Hi José Marivaldo, I am not an expert on this case that you are going through. Speaking only as an opinion, it does not seem to me to be a liability of the company in which you work, even if it is possible for them to claim that you should go by taxi or something, but anyway it would be worthwhile to get more information with a lawyer specializing in labor claims

  135. Hi Helen, this kind of relationship will depend on what you have established in contract, your position and a few other specifics of your line of work.

    In general, the CLT indicates that you have 11 hours of rest between one journey and another. If you do not have this rest, you receive overtime, but as I said before, there are factors that can cause you to not have the right to overtime (for example, if you are a manager).

    It is worth talking to an expert on the subject to get these more specific doubts

  136. Good night, I have doubts ... I work 6 × 1 and a fixed day off in the week, but I do not have a fixed schedule, so there is a day that my manager asks me to enter at 14: 30 and exit at 23: 00, and the next day already I have to open the store, that is, I have to go to 8: 00 .. Is that right? Do I close on one day and open the store the next day?

  137. I am Jose Marivaldo (banker), recently I went to do a regular examination scheduled and scheduled by the bank in my work schedule, but I did not have transportation from the bank to take me to the exam site, so I had to go in my private car. On this route I suffered an accident that damaged my car, costing R $ 755,00 of the insurance franchise. I would like the Bank to bear this expense, but he refused. How should I proceed? Thank you.

  138. I understand, but I've talked to my manager several times and he says he does not have what he can do, that he can not pay the hours and comes discounting at the end of the month? What do I do?

  139. Hi, Jhonatan, is everything okay?

    In thesis can not make this discount no. In general, what the non-marking of the point may entail is warning, suspension (unpaid) and even just cause, if the act is repeated repeatedly.

    In relation to the hours, the ideal would be that you justified the non-marking and that, with the data being corrected directly in the system with its due justification not to have been marked at first.

  140. Hi, I have a question. I work in a sales company where the same has an electronic point, when I forget to hit my point to go away they deduct several hours of my day, and it is as if I had worked until the time I returned from lunch, that is, they discount all the hours that I worked after hitting the point to return from lunch until the time to leave because I forgot to hit the exit point, is this correct? They can cash these hours all, even knowing that I was at work put all sales are passed on the system by me, I await an answer.

  141. Hi Victhor,

    any slack and use of bank hours must be communicated and combined prior to completion. I imagine this was the worst problem and what you can avoid further on.

    Although I'm not an expert on the matter, as for the discount of your fixed slack, I imagine it was a confusion about your faults and that you can consult the area of ​​your company HR to understand why this problem occurred.

  142. Good Afternoon,
    Scale 6 × 1, with a fixed gap in the week (Tuesday) and a Sunday in the month.
    I took 3 days from my hours bank to amend with my fixed slack (Sunday, Monday and Wednesday).
    When I got back to work my manager said they had taken 4 days off my Bank of Hours.
    Can they cash my Bank Day time on a Clear Day?

  143. Hi Silvio, how are you?

    As your questions are very specific, I recommend that you talk to a lawyer, preferably a lawyer specializing in labor law. Even if you do not have the money to hire one at the moment, a first conversation is usually free and it can give you guidelines for what to do.

    I saw that you said the union is not very trustworthy, but still you might have some person or person in charge who can help you. I think it's worth looking for, at least by disenchantment, and I do not know what it's like in Colombo, but if you look for public defenders, you can find professionals to help you.

    I hope I have helped you, hugs and good luck

  144. Wave, bom dia!

    I have a lot of doubts ...

    I do not know how much a lawyer's fees are, but I have no money at the moment. I'm in debt, I could not afford a lawyer today. Receiving the progression that I think to have right I would have to pay, but without receiving I can not pay.

    I'm a public servant. I think that the city hall could not fail to give my planned progression in the job plan, nor fail to give our base date that has been delayed since May last year ...

    We went on strike because of the non-payment of the base date and the progressions, and as a retaliation, they cut off any advantage, some had overtime and lost, I received on a monthly basis this extraordinary service already has more than a year and taken after the strike, still cashed in on the days of standing, claiming that our strike is illegal because we did not comply with what the strike law said and in fact what they claim we do not do, we do.

    On the benefit that can turn salary, is any extra benefit offered on a regular basis that comes to be considered part of the salary?

    Before the strike I received a value beyond the paycheck on the paycheck to more than 12 months, with the name of "extraordinary service", after the strike cut ...

    When they started giving that extra, they said it was to help me because I had become a father, well I did not stop being a father after the strike and I was counting on him, but I think what I have right in the job plan is worth much more that this benefit ...

    If it is to receive what the law of our plan of positions 1349 / 2015 says I am entitled to, that benefit would not be lacking, and I prefer to receive what the law says I have the right also to know that it is my merit for the study.

    It was not clear why they actually gave, some said it was to help me at the time I had become a father, but I had before because of being a prosecutor of many contracts and when the management changed, after I expressed interest in leaving, they gave me the benefit again ...

    Others said that this extra was also because I was and am taxing a lot of contracts here in the city hall, there are more colleagues in my industry, but these have refused to be fiscal anything.

    I accepted to be a taxpayer for several contracts at first, but I would not like to be more, first because there are other people in the industry who do nothing and I do not see why I only carry this burden, and especially without receiving anything more for it now ... And even if I give my best it is humanly impossible to supervise several contracts at the same time. To top it all they're only fucking me after we exercise our right to strike. It seems to be worth more people who do not work as long as they complain about nothing, rather than who works, but expresses their dissatisfaction with the city hall does not comply with what is provided by law.

    In addition to many contracts, everything is fine, but some are bombs, especially during this management that have things delivered in different places and then only send the notes to the prosecutor to sign without being sure if everything was delivered correctly, before I moved to the place to check what material companies delivered, now deliver everything that is place and only send the notes, I think it risky to sign something that I did not see personally, even having signed other people saying they received.

    Because of the responsibility it entails, I think it's just an extra pay to perform such a function as well, and even though I'm paid, I have to divide the responsibility in the sector, because I'm overwhelmed, I do not think I'm even mentally capable of being a taxpayer for so many contracts, some I do not even have enough knowledge of the material to respond or attest anything about it.

    I have already verbally manifested my interest in being no more fiscal than anything else, but they said that after I signed my name as a prosecutor, I can not stop being until the contract ends.

    I do not think juto what is going on here, I studied 4 years of administration with the objective of obtaining my progression that doubled my salary, as foreseen in such municipal law 1349 / 2014 that replaced another one that also foresaw progressions in the career of those who had undergraduate studies and do not pay. Neither our base date paid, we are almost all here having difficulties already, and after our strike we ended up becoming more indebted because they cut everything and took the days off. They have no respect for the server here, but I've studied to be here, I do not think it's fair to have to leave when there are a lot of commissioners doing nothing and earning high salaries while the insolvency server has to decide whether to stay here or run after another thing out there being studied to be here ...

    I had already made many expenses, counting on the increase that I would receive from my progress under the law, the mayor decreed that I would not pay and that the decree was closed in September, but in September they extended the decree by another decree and the servants in assembly they would decide to go on strike. Only a small portion only came in so as not to harm the population. We accomplished much more than 30% and the city hall declared our strike illegal claiming that we did not meet the 30% and that it was not even communicated in time of the strike decision, and that it was reported through the union.

    I know that someone here might think we should look for the union to complain, but our union seems more bossy than anything else, did nothing about declaring our strike illegal, and only went on strike pressed by the servers. They even guided us how to proceed and did everything we were told, we did a strike committee that was named and we did everything the committee said we had to do. And the strike committee said the union could challenge the statement of illegality because it was communicated more than 72 hours in advance as the union directed and only a few 300 (three hundred) servers joined the strike of more than 4000 (more than four thousand ) active city hall servers. Many did not enter because they were afraid of rebates or reprisals as is happening, but others did not intend that their industry would accomplish much more than the 30%, as they guided us in assembly. And of the 300 who came in, the health workers were taking turns in the workplace to keep the public.

    There are people in the union who are trusted by the mayor, they have a porter, so we do not have anyone to represent us.

    I also do not want to be more fiscal than anything if I do not receive anything more for this, except that another server from another sector told me that we can not refuse to be fiscal, that when we are sworn in we have to accept what the superior decide too. In other words, it seems that we have no right here, just duties.

    It is difficult to stay motivated, with progressions stopped since May, base date not granted since May, discounts of days stopped as retaliation instead of negotiating these days, cuts of all kinds, my extraordinary that regularly received more than 12 months and that suddenly I was taken away without any warning, I just came on vacation after the strike and there was not any more. It was a crumb that they paid me as extraordinary and they took me away, but they did not take me out as a contract prosecutor of the trading sessions that I'm a prosecutor.

    I would not want to be or continue being a contract prosecutor, without receiving anything more for it. I am afraid this is about me or one of the tax inspectors from the other sectors (in other sectors there is tax also, usually one per secretariat, but each one takes care of a matter, for example I am fiscal cleaning supplies, record material, cartridges and paper towel, others are taxing other things). And it is the tax inspectors who sign the notes, regardless of where the materials are delivered.

    How do I stop being a contract tax?

    Is there any law that obliges the server to be taxed on some contract that the boss indicates or if he is and does not want to be, is there any law that obliges the server to continue being a contract tax that he no longer wants to be, and if he has that being does not deserve to be paid for it?

    I would rather not receive to be tax, but not be fiscal too ...
    If they want me to continue as a contract prosecutor, I think it would be fair for them to keep paying me the extraordinary, at least.

    And the last doubt for now, if the employee is unhappy in the industry, are you forced to stay in this industry anyway? I know we can ask for a transfer, but they said the boss can refuse.

    I'm a 16 server for years, I think that leaving the city and throwing everything up would not be smart either, because I know the crisis is getting general too and it forces many entrepreneurs to resign, so here at least it has stability. I also think that by the Municipal Law 1349 (plan of positions) to say that I am entitled to much more than I am receiving today, it is better to stay in the city hall and to wait for my progression of the college that already was for me to be receiving, but even if delayed, to my retirement in the future and maybe it's my only motivation to continue being a server, even though I've been doing 3 times to be here and studied for it.

    Sorry for the long text, but it's complicated to be a public servant in Colombo. Many have left but I do not want to give this taste to those who do not like me here, especially those who have not studied to be here, they are only because they are political hangers, "free" electoral cables (free for the mayor, but the price that we servers we are paying and that the population also pays, it is very expensive!).

    Once upon a time I apologize for the extended outburst and thank you very much in case you answer my questions!

  145. Hi Blonde, how are you?

    Firstly, I would like to give my personal opinion. I believe being placed in a managerial position, even if for a short period of time it might be an opportunity for you to be a manager in the company if you perform your job well, or even be able to perform that role elsewhere. So I would try to look at your situation in a positive way. Anyway, speaking of the details that you want to know more, follow some links that can help you down here:

    Regarding the overtime you will have to perform, there is a CLT article that says trust and management positions lose the right to overtime. See a little more here -

    In relation to performing a managerial function without having been hired for this, the name of this procedure is deviation from function and this article speaks a little more about it - or this one,1,1,, 186,13

  146. Hi good night
    I work in a company, and the manager is about to leave on vacation. And I'm about to replace him, but I've been informed that I will not receive any rebates. I will get 8: 00 as 19: 30 this when the store does not close with client inside, because I am the last to leave and close the store. Remembering that I was informed 3 days before he goes on vacation. I would like to know if I can refuse to subtitute him and if this can lead to a just cause. Thank you very much in advance.

  147. Hi Paul, let's break it down:

    1 - about forgetting to mark your journey - Normally the penalties for forgetting the work day or not work is set in contract, so it is worth looking at your contract to understand what can happen at those times. See more here -

    That being said, there is the possibility of your company being flexible and ascertaining the facts as you have said.

    2 - about working 8 days in a row - It will depend on the contract you have signed and agreements signed by your union (if you have one). Because there are work contracts with scales of 15 working days for 15 off, for example. That said, in general you are entitled to 1 day off per week and if you work on Sunday, you are entitled to one day off in one business day, see more in that article -

    3 - about your lunch schedule - for days less than 8 hours and above 4, the law requires at least 15 minutes, that is, this point seems correct, but the extra minutes you work should be counted in the sheet and pay overtime due (with extra night whenever you exceed 22h). See more here -

    4 - about the accumulation of functions - it seems to me that your case may have the feature of accumulation of functions, but it depends on what is in your contract (what you agreed to do legally) and a number of other factors. Having said that, in justice there are currents that are in favor of the additional by accumulation and others not, read more here -

    Anyway, I believe that the best solution is always to talk more with your employers or the HR sector and clarify all the points in the best way possible.

  148. Good morning Rafael, if the employee asks for the account he has some right on vacation and thirteenth

  149. Well, my name is Paulo, and I have several doubts about labor laws, the first one is about point registration, where I work there is no electronic register, because it has less than 10 employees, but there is a "book / agenda" journey. One day I forgot to mark my journey in that book, as it was the end of the month the employer did not warn me and simply took this book to the accountant to calculate it, (and I had not at least been warned that she would take the book to the accountant, because the previous month, she at least looked at this book and saw the markings), and in all this on the day of payment I questioned why my payment came under a person who works the same days and has the same function that I, having almost drunk 80 $ more, she said she did not know, then I questioned that I had forgotten to sign the "book" she said that I would lose the day, and one of the owners did not accept me to have questioned, and said : that in addition to being paying extra nightly (because I step from the 22hrs every day), overtime, what else did I want?
    I did not say anything at the time of the nervous, but okay, I forgot to sign the book, but I have proof that I worked on the day, because I am registered as a cashier, and have my signature on the day of the closing of the self box, not to mention that there are co-workers who prove that I attended, and also has the establishment camera that filmed me on the days of work. After all these facts do I really have to accept a lower salary than mine? Do I really have to accept a discount that should not exist?
    Oh, and it's not only that, in the first month of work, I made a journey of working 8 days to enjoy 1, and had people who came to work 10 to enjoy 1, this difference of 6 × 1 (which in this case are 2 days ) would I have to receive overtime? because I did not receive anything or even spare.
    And there's more .. On my scale it's for me to enter the 16hrs and get out the 22hrs, I would give 6hrs work, but I never go out at that time, because I still close the kiosk (that's where I work and count the box) totals 06: 30 per day, donuts only offer 15 minutes of dinner / rest and in the place where I work does not have at least one place for our meals, and not to mention that on the weekends my scale is 15: 45 until the 22hrs (this is already 06: 15) plus the time it takes to close the kiosk and count the box (which give more than 06: 30hrs), and even then they only provide 15 minutes apart, is that really correct?
    And last but not least, I'm registered as a cashier, but there I work as a salesman and stockist, would not that be an accumulation of functions? For I am obliged to sell and stock even if my wallet is as a cashier. And another thing, besides me, someone else operates in the box that I am responsible for, and if there is any break, it's me! And if the person who works in the same box as I act in bad faith and take money from my cash, am I obliged to pay for the cashier's break? There are more things that happen, but these are the worst, am I wrong to complain and question, or is the company 100% correct? Please help me, for I am losing the joy of staying in the company for these reasons ..

  150. The worker has stability of employment from the confirmation of the garvidez until five months of the child's birth.

  151. Hi Naldo, without knowing all the details it is difficult to give a concrete opinion.

    At first if you do not work Saturday (it's a day off for you) and your vacation ends on Saturday, you should only go back Monday. It's worth checking with your company's HR because they are requesting your return on Saturday and what are their justifications so you do not risk being cashed just in the front

  152. Leandro. If you can help me.
    Have. Saturday play. And I went on vacation. But they want me to come back to work 31 day that falls on a Saturday but I did not sign anything and had not changed the time before leaving on vacation, if I do not 31 day they can cash my Saturday.
    I'm on vacation.

  153. Hello my name is Mara, I and another colleague left the company and I have an enormous doubt about how long it takes the company to write down the portfolio and so that we can receive our salary and others

  154. This topic is a bit more sensitive because it is important to understand what is written in your employment contract, but a priori, labor laws allow you to work a maximum of 8 hours a day (getting overtime for excess) and 44 hours weekly.

    It pays to talk to your employer to understand why he or she maintains this working format and, if possible, negotiate an adjustment of the hours worked so that you stay within the law

    again I remember that I am not an expert and a second opinion is advisable

  155. I have another question.
    I work Monday the normal Friday time and Saturday we are required to work from 8hrs in the morning until 20hrs of the night and not pagan overtime. Is that right?

  156. Good afternoon, my name is Marcos Rafael and I have a question!
    I work at a store on the boardwalk, I joined 13 / 08 / 2015, and they signed my work order on 01 / 09 / 2015.
    Is that right?

  157. I have an experience contract, if I get pregnant in this period; Can I lose my job?

  158. Hi, Mayara,

    It is important to understand the nature of your certificate. I believe that there is no law on stability in cases of illness or medical surgeries not characterized as a result of their work.

    I am not an expert, so I recommend that you seek a second opinion, but in my opinion if your problem was particular, your company has no obligation to secure your job after the period of attestation.

  159. Hi, Mayara, I have a question !!
    Ten days ago I had surgery and I was certified, today when I return to work, I was surprised, I was fired!

    What are my rights to this?
    Could they do that?
    Please answer me, I need this urgent response!

  160. Hi Natty, here you will be able to see the main doubts about unemployment insurance being remedied here -

    In relation to working time, a temporary measure was recently approved that requires proof of 12 work months before applying for unemployment insurance. As your case is 15 months, I see no problem accordingly - Check out this article -

  161. Hi Lucelia,

    this will all depend on what is agreed in your employment contract (for example, if there is a clause that allows the company to discount your salary in case of damage to some material good of it, it will be legal).

    Therefore, I believe that it is important for you to understand what is agreed in the contract. This article can help you understand the whole context -

  162. Hi good morning ,
    My name is lucelia, I work for two and a half years in a company. I was a barista and when I handled a machine to make orange juice, I broke a piece of the machine. The manager said that I have to pay the part ... should I pay for this part? my rights to the company ..

  163. Hi my name is Maria Natiane, I wonder if I was fired with 1ano and 3 months of work, would I receive unemployment insurance?

  164. Hi Jaque, how are you?

    the labor legislation does not require the payment of the amount related to the cash crunch, unless there is an agreement or labor agreement or your employer wishes to make such payment.

    Here you find more details -

    Anyway, I'm not an expert on the subject, so I recommend you look for someone who understands 100% about this

  165. good afternoon
    work with an insurance broker with the following working hours
    2 to 6 of 08: 30 to 18: 30 with an 1h and 15 of lunch.
    The company has put a rule here now, that you can only hit the point until 08: 40, if it passes that schedule, do not hit the point anymore and you lose the day?
    would that be a law ??

  166. Hi, I'm a trainee and I work as a cashier ... I'm entitled to a cashier?

  167. Hi Iuma, I'm not an expert on the subject and I do not quite understand what you mean, but normally discounts and benefits must be properly recorded on the payroll

    If you are unsure, ask the HR department of your company for a reason for a benefit or other not appear on the sheet for more information and consult a lawyer specializing in labor law or accountant

  168. Hi Daniele,

    I am always in favor of an agreement with the company before thinking of any kind of process. In that case, it would be worth talking to your company's own HR to know how to proceed and whether they have any plan prepared for it or are willing to afford medical expenses and potential damages.

    If this first path does not work, one possibility is to sue your company. But remember that in addition to being a long and conflicting process with your company, you will need proof and evidence that the problem actually occurred as a result of your work activity. As you mentioned that the activities are not in their contractual functions, it is worth analyzing how to obtain such evidence (emails, images, activities register, witnesses, etc).

    I separated this post that speaks of a case of tendonitis -

  169. Hi, my name is Daniele, and in the course of time, I have a cyst in my hand because of a tendonitis of carrying so much weight, and performing functions that were not mine, what action should I take? thanks

  170. Hello good afternoon.
    My company works with paper commissions .. I would like to know if all the discounts and benefits will be per sheet .. Ex: Thirteenth

  171. Hi André,

    I recommend that you seek the HR of your company or a person specializing in the subject of labor law. Anyway, I'll give you my opinion, but since I'm not an expert on the subject, I think it's more guaranteed to have a confirmation.

    At first the overtime scheme worked must be done by bank hours or making the payment of overtime at the end of the month. If it is an hour bank, the hours should be discounted directly in the bank. If you used the overtime payment criterion on a monthly basis, you could have the hours deducted from your payment as long as you received overtime worked.

  172. Good Morning! I know this is off topic, but maybe someone can help me.

    I work in a company where, in my contract, a journey from Monday to Friday is stipulated.
    I often need to work both Saturday and Sunday. Even on weekdays, sometimes, I have to come back at a time outside of my work schedule to solve some problem, counting all this as overtime. I hardly spend less than 15 overtime per month. Since I have a management position, to make up for a little of those hours, I often go out about an hour or half an hour early or take a day off. Even so, there is always a lot of overtime in the final balance. Today, I should have about 200 overtime accumulated.
    So far so good, because my negative hours were discounted in my overtime.
    But as of that month, they began to discount those negative hours on my salary, even though I had dozens of overtime accumulated.
    Can the company make this discount? Even though I am obliged to do those extra hours, I can not say "no" when I am called to work on Saturday or Sunday.

    Thank you, someone who can answer me. Hug to everyone!

  173. Hi Cassilene, how are you?

    It is best if you talk to your employer to understand what is happening.

    To give you a coherent 100 answer, it is important to understand what your profession is and if even without talking to it you continue to perform your activities and receiving.

  174. Has my mistress stopped talking to me without my knowing why, can I resign and receive all my rights by dismissing without cause?

  175. Hi Marina, by law, in theory, with a day of delay you can already get justice. See more about it here -

    Anyway, there are several professionals in the area who do not encourage this kind of behavior by the slow and slow justice you may have to get your money back. Not to mention that if the company is not in bad faith, it may be a short delay. I really like this article here -

    He gives you tips of what you can do without being court-driven at first. Since I am not an expert on the subject, I recommend that you talk to a labor claims lawyer.

  176. Hi Rafael, how are you?
    Thanks for the reply, really the post is very enlightening, how long by law should I expect this delay to rescind the contract and receive all my rights? Do you know how to tell me? Thank you!

  177. Hi Marina, how are you?

    This post is pretty cool on the subject of late pay and can help you -

    Anyway, I believe there are some steps you can take:
    1 - continue talking to the company to see if a new payment forecast has come up. I believe that the best option is always the agreement or adjustment of accounts in a friendly way
    2 - if you can, add a reservation to the possibility of having to leave the company, depending on how you leave, you may be entitled to unemployment insurance
    3 - if it is unavoidable, to take legal action against your company. See that this case is usually more laborious (but necessary sometimes). If this is the case, remember to keep all receipts from what you have received so that you can prove what you did not receive.

  178. Hello! I am CLT and my salary is delayed by 3 days, the financial has no forecast for payment and the company has a history of delay of 3 months
    how should I proceed? thanks!

  179. Hello my name is Camila and I have a question! I've been working in a company for over two years! The company policy and not to send the employee away, but I have plans and need the guarantee fund and others.What should I do? Since I am not satisfied in my job? Am I really obliged to take that decision, and even if they make sporadic layoffs? I urgently expect a
    Thank you in advance!

  180. Good morning, the job that I worked as a store manager, was extinguished in the company, because the company rented all the convenience stores, and since I'm pregnant, the company can not resign, now having no other place for me, they want that I go fuel vehicles, such as Frentista, work standing, 12 hours a day, days. My question is, do I have to accept it?

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