Marília Silva de Melo
Lawyer at Marcos Martins Advogados
The Third Panel of the Superior Labor Court, in the judgment of an Appeal for Review, dismissed the company’s condemnation to pay double vacation pay to the plaintiff for failure to comply with the legal deadline for communicating the granting of vacation.
This is because, under the terms of the law, the vacation must be communicated in writing to the worker within 30 days, which in the case reported did not occur, since the company communicated to the employee only 1 week in advance, which led to the conviction at first instance to pay double, a conviction upheld at second instance.
For the rapporteur of the company’s appeal, Minister Mauricio Godinho Delgado, who used other precedents, the simple failure to comply with the 30-day deadline for vacation notice would not result in the employer being condemned to double payment when it complies with the other legal deadlines for granting and payment. Therefore, since the company granted and paid the leave within the legal time limit, there would be no reason to uphold the conviction. The decision was unanimous.
