Isabela Cristina
Lawyer at Marcos Marcos Martins Advogados
A few weeks before the start of the World Cup in Qatar, fans of the Brazilian national team are in full swing. However, most of the matches will take place during working hours and on working days, which raises questions about possible flexibilities in working hours. Although there are no specific rules governing the tournament in our legislation, there is the possibility of agreements being made between the company and employees regarding their working hours – which should be clearly agreed, avoiding disagreements.
Now in its 22nd edition, the global event attracts millions of spectators in an atmosphere of celebration for their national teams. Apart from this atmosphere of unity, the competition is responsible for significantly boosting the local economy – when organized in Brazil, it injected around R$ 142 billion into commerce, industry and various services.
Despite all this economic impact and the great expectation to watch the games, Brazilian legislation does not have any regulations regarding the exemption of mandatory duties, granting time off for everyone to follow the games. Companies that opt for this concession can give time off or even negotiate to make up the hours not worked.
In each case, there are important precautions to be taken. If the parties involved agree to compensate the hours, art. 59 of the CLT establishes that an individual agreement between the employee and the employer will be required, respecting the legally defined rules and not exceeding a daily increase of two hours. This agreement can be made verbally for compensations of up to one month, otherwise it must be formalized in writing and submitted to the respective union.
Considering the possibility of an allowance, the company can release its employees to watch the match in the place where it is most convenient for them – or even provide them with equipment and a place to watch the matches within the company itself. In this second case, it is important to note that, as the employee will remain at the employer’s disposal for the entire time, these hours cannot be deducted from their working day, since, should there be any eventuality, they will be available to attend to it as normal.
As this is a benefit and not a legal obligation, it can happen that the parties don’t agree on these rules, either because the company refuses to allow them to watch the games at its headquarters, or because the employee disagrees with watching the game on site. In these situations, any unjustified absence is liable to be deducted from the employee’s payroll, with the possibility of being penalized if they don’t make up for it. The consequences can range from verbal and written warnings to suspensions to be defined by the employer.
Given the lack of legal provisions on the subject, circumstances will be the true judge of each situation regarding working hours during the World Cup. While certain companies can release their teams without affecting their deliveries, others may face an increase in demand and need their teams on duty.
Therefore, each case needs to be analyzed separately, as well as the possibility or not of making working hours more flexible and the ability to follow the matches at the company itself. Outside of the national holiday calendar, professional availability and common sense will be the main guiding principles in this decision – seeking, as far as possible, a clear and beneficial agreement for both parties, with no room for disagreements or legal problems.
