Can I work for another entity for pay while on vacation?

Is it possible to do other paid work while on my vacation period?

This is a pertinent question for those who intend to earn some extra money during their holidays, but do not know if they can do it legally.

According to lawyer Dantas Rodrigues, in the section of "Work and Taxes (un)complicated" in the Notícias ao Minuto about work, personal finances, and taxes, "the right to vacation is non-renounceable and cannot be replaced by any other provision, regardless of its nature."

Once this right aims to provide the worker physical and psychological recovery, as well as conditions for personal availability, integration in family life and social and cultural participation, it is assumed in turn that "the realization of paid work during the holiday period is not in line with these legal requirements," explains the lawyer.

Article 247, paragraph 1 of the Labor Code establishes that the worker cannot engage in another paid activity during the vacation period.

However, Dantas Rodrigues clarifies that we are not facing an absolute impediment. This is because the law provides exceptions, "namely situations in which the worker already performs another activity or situations in which work during the holiday period is authorized by the employer". 

If not the case, and the employee ends up violating this obligation, they may incur a disciplinary offense, which gives the employer the right to recover 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 infractions. Such as "situations in which the employment contract comes to an end and the worker, before the term is verified, is on vacation, after which they will not return to work." In this case, "the performance of paid work during the vacation does not constitute any violation of their duties towards the employer," as read in the section.

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