Working on Christmas and New Year in Brazil: Holiday Pay (CLT)
In Brazil, Christmas Day (25 December) and New Year's Day (1 January) are national holidays. Employees who work on them and get no other day off in exchange are paid for those hours at double rate, on top of their monthly salary. In 2026 both fall on a Friday. Here are the rules and the maths.
1. Which days are holidays — and which are not
| Date (2026/2027) | National holiday? |
|---|---|
| Thursday 24/12 (Christmas Eve) | No. A normal working day unless a collective agreement or the employer says otherwise |
| Friday 25/12 (Christmas Day) | Yes (Law 662/1949) |
| Thursday 31/12 (New Year's Eve) | No. A normal day unless an agreement or the employer says otherwise |
| Friday 1/1/2027 (New Year's Day) | Yes (Law 662/1949) |
The optional days off ("ponto facultativo") decreed for the eves apply only to the public sector. In the private sector, an employer that gives the day off may agree with staff to make up the hours — check your category's collective agreement.
2. The rule: a day off in exchange or double pay
Law 605/1949 (art. 9) allows work on holidays in activities that cannot stop, but requires one of two things: a compensatory day off or double pay. The Superior Labour Court (TST, Súmula 146) confirms that holiday work not compensated is paid in double, in addition to the paid rest — the holiday stays paid within the monthly salary and the hours worked come on top with a 100% premium.
3. Worked example
Salary of R$ 3,300.00, 44-hour week (divisor 220):
- Hourly rate: R$ 3,300.00 ÷ 220 = R$ 15.00
- Double rate (100%): R$ 15.00 × 2 = R$ 30.00
- 8 hours worked on Christmas Day: 8 × R$ 30.00 = R$ 240.00 extra on the payslip
Worked on 1 January too? Another R$ 240.00. If the New Year's Eve shift runs past 10 p.m., hours between 10 p.m. and 5 a.m. also carry the 20% night premium and the shorter night hour (52 min 30 s); both premiums add up. The amount counts towards FGTS, INSS and income tax.
4. Special cases
- 12x36 shifts: under the CLT (art. 59-A, sole paragraph), the monthly pay already covers holidays worked, which count as compensated. Some collective agreements still guarantee double pay.
- Retail: holiday work requires authorisation in a collective agreement and must follow municipal law (Law 10,101/2000, art. 6-A).
- Domestic workers: same rule — holiday work not compensated is paid in double (Complementary Law 150/2015, art. 2, §8).
- Day off later: if the employer grants another rest day instead, there is no double pay. The day off must actually be given.
- Absences in the week: an unjustified absence during the week can cost that week's paid rest day (Law 605/1949, art. 6).
5. What if it isn't paid?
Look on the payslip for a line such as "feriado trabalhado", "HE 100%" or "dobra". If it's missing and you had no day off in exchange, talk to HR first and then to your union. Claims at the Labour Court can reach back up to 5 years while the job lasts, and must be filed within 2 years after it ends.
Do the maths
In the overtime calculator, enter the holiday hours in the 100% field: it shows the gross amount, the effect on the weekly paid rest and what is left after INSS and income tax. If the shift runs overnight, the hours calculator separates night hours from your clock-in and clock-out times. And since December is also when the 2nd instalment of the 13th salary is due (by Friday 18/12/2026), try the 13th salary calculator.
This guide covers the general CLT rules; collective agreements may guarantee more. If in doubt, ask HR or your union.
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