Vacation under the CLT in Brazil: rules, splitting, selling days and double pay

For every 12 months of work, the employee is entitled to 30 days of vacation, paid with an extra 1/3 up to 2 days before it starts. The employer has the following 12 months to grant it; if it does not grant it in time, it pays double. Vacation can be split into up to 3 periods, and the worker can sell up to 10 days.

Quick summary

• Accrual period: 12 months of work give the right to vacation (art. 130 of the CLT, Brazil's Consolidated Labor Laws).
• Granting period: the employer has the following 12 months to grant it (art. 134).
• Payment: salary + 1/3, up to 2 days before the start (art. 145).
• Notice: at least 30 days in advance (art. 135).
• Splitting: up to 3 periods, one of at least 14 days and the others of at least 5 days (art. 134, §1).
• Selling days: up to 1/3 (10 days), requested up to 15 days before the end of the accrual period (art. 143).
• Late: double pay (art. 137).

Unjustified absences reduce vacation

• Up to 5 absences — 30 days of vacation
• 6 to 14 absences — 24 days
• 15 to 23 absences — 18 days
• 24 to 32 absences — 12 days
• More than 32 absences — loses the right for that period

Justified absences (medical certificate, legal leave) are not counted.

Rules for when vacation starts

Vacation cannot start in the 2 days before a public holiday or weekly rest day (art. 134, §3).

How to calculate the amount

1. Add the base salary to the average of regular supplements (overtime, night work, commissions).
2. Add 1/3 to that amount.
3. If you sell 10 days, you receive the cash allowance (abono pecuniário) for those days, also with 1/3.

Example: salary of R$ 3,000 → 30 days of vacation = R$ 3,000 + R$ 1,000 (1/3) = R$ 4,000 gross, before INSS (social security) and income tax.

Vacation on termination

• Accrued vacation + 1/3: owed in any type of termination.
• Proportional vacation + 1/3: owed, except on dismissal for cause.

See the full table in Severance pay.

Frequently asked questions

Can the employer choose my vacation dates?

Yes, the dates are set by the employer, with 30 days' notice. Family members working at the same company and students under 18 have preference rules (art. 136).

Can I sell 15 days of vacation?

No. The limit is 1/3 of the period, i.e., 10 days out of 30.

My employer paid my vacation late. What now?

Payment must be made up to 2 days before the start. Late payment and vacation granted after the deadline can lead to double pay.

Read more in this series

• CLT worker rights: complete guide
• 13th salary: how to calculate, payment deadlines and deductions
• Severance pay: what you receive for each type of dismissal
• Intermittent work: how it works and what the rights are
• Index: complete guide to labor rights