For employees over 50 years of age, the Consolidation of Labor Laws (CLT) prohibits the splitting of vacation, but not where there is a collective bargaining agreement. In that case it is permitted. On this understanding, the 6th Panel of the Superior Labor Court (TST) rejected the appeal of an economist from the Paraná Energy Company (Copel) against a decision that set aside the double payment of two vacation periods taken in installments.
The collective bargaining agreement in force at the time, in this judged case, allowed the splitting of vacation for employees over 50 years of age, such as the economist, and there was a written request from him.
Learn more – The economist, however, argued that he was compelled to split his vacation, even though there is legislation guaranteeing 30 consecutive days of rest, and he requested double payment of the accrual periods from 2006 to 2009. Copel appealed, arguing that the collective rule, entered into with the category’s union, provided for the possibility of splitting into two periods if it were in the workers’ interest, upon their written request.
Based on documents demonstrating that there was a request from the worker, the Regional Labor Court of the 9th Region (PR) (TRT) excluded the payment of the corresponding vacation from the award.
Sources: Conjur / TST Press Office
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