Can I work for another entity for pay while on vacation?
When I am on vacation from my job, can I provide paid services to another entity? Find out the answer to this question next.
Is it possible to do other paid work while on my vacation?
This is a relevant question for those who want to make some extra money during their vacations, but do not know if they can do it legally.
According to lawyer Dantas Rodrigues, in the column of Notícias ao Minuto "Complicated (Un)employment and taxes" on topics related to work, personal finances, and taxes, "the right to vacation is non-renounceable and cannot be replaced by any other provision, whatever its nature may be".
Since this right aims to provide the worker with physical and mental recovery, as well as conditions of personal availability, integration into family life, and social and cultural participation, it is assumed that "the performance of paid work during the vacation period does not comply with these legal requirements," explains the lawyer.
Thus, in article 247, paragraph 1 of the Labor Code, it is established that the worker cannot engage in another paid activity during the vacation period.
However, Dantas Rodrigues clarifies that we are not dealing with an absolute impediment. This is because the law provides exceptions, "particularly situations in which the employee already carries out another activity or situations in which the provision of work during the vacation period is authorized by the employer".
If it is not the case, and the worker ends up violating this obligation, they may incur a disciplinary offense, which allows the employer to reclaim the corresponding vacation pay and subsidy.
But there are situations in which the worker can provide work during their vacation period without constituting the practice of any disciplinary offense. Such as "situations in which the employment contract ends and the worker, before the term is verified, is on vacation and will not return to work after it". In this case, "working during vacation does not constitute a violation of their duties towards the employer," as stated in the section.
Want to stay informed about this and other related topics? Follow our website, subscribe to our weekly newsletter, or for questions related to credits and insurance, contact directly an agent from Poupança no Minuto!