Collective Vacation in Brazil (Férias Coletivas): CLT Rules and Pay
Many Brazilian companies close between Christmas and New Year and give collective vacation ("férias coletivas") to all staff or to some departments. It follows its own CLT rules (arts. 139 to 141): a minimum length, advance notice, payment up front and special treatment for people with less than a year in the job.
1. The main rules
| Rule | What the CLT says |
|---|---|
| Who gets it | All employees, or only some establishments or departments (art. 139) |
| Splitting | Up to 2 periods a year, none shorter than 10 calendar days (art. 139, §1) |
| Notice | At least 15 days before: to the Ministry of Labour and the union, with dates and departments, plus a notice at the workplace (art. 139, §§2 and 3) |
| Pay | Salary for the days + the constitutional extra third (1/3), up to 2 days before it starts (art. 145) |
Micro and small businesses don't have to notify the Ministry of Labour (Complementary Law 123/2006, art. 51, V), but they must still inform employees and pay on time.
2. Employees with less than 12 months
Anyone who hasn't completed the 12-month accrual period takes proportional vacation — 2.5 days per month worked — and starts a new accrual period on the first day of the collective vacation (art. 140).
Example: someone hired 6 months ago is entitled to 15 days. If the collective vacation lasts 20 days, the 5 extra days are, in the most common reading, paid leave: the employer pays them and cannot deduct them later.
3. Worked example
Salary of R$ 3,000.00 and 20 days of collective vacation (for example, Monday 21/12/2026 to Saturday 9/1/2027):
- Pay for the days: R$ 3,000.00 ÷ 30 × 20 = R$ 2,000.00
- Extra third: R$ 2,000.00 ÷ 3 = R$ 666.67
- Gross total: R$ 2,666.67, minus INSS and, where due, income tax
This money is paid in advance, so the December salary is smaller — the vacation days were already paid. Plan January's bills.
4. Common questions
- Can I sell 10 days? In collective vacation, converting a third into cash must be set in a collective agreement with the union; it doesn't depend on individual requests (art. 143, §2).
- What about the 13th salary? Unchanged: the 2nd instalment is due by 20/12 — in 2026, since that's a Sunday, by Friday 18/12.
- Can it start right before the holiday? The CLT forbids vacation starting in the 2 days before a holiday or the weekly rest day (art. 134, §3). The rule was written for individual vacation and its application to collective vacation is debated; to be safe, many employers avoid starting on 23 or 24/12.
- I already have vacation due. The collective days come out of your balance; the rest is taken later, on an agreed date.
Do the maths
In the vacation pay calculator, enter your salary and the number of collective vacation days: it shows the extra third, the INSS and income tax deductions and the net amount. With less than a year in the job, multiply 2.5 days by the months worked to see how many days are actual vacation.
This guide covers the general CLT rules; collective agreements may offer better terms. If in doubt, ask HR or your union.
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