Working on public holidays in Brazil: day off or double pay
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Anyone working on a public holiday is entitled to another day off or double pay (Law 605/1949 and TST Precedent 146). Retail and 12x36 rules explained.
A public holiday is a paid rest day. If an employee works on a holiday, the employer must give a compensating day off on another day or pay the day worked double, on top of normal pay (Law 605/1949, art. 9; TST Precedent 146). In retail, holiday work depends on authorization in a collective agreement.
Quick summary
- Rule: another day off or double pay.
- Double: the day worked is paid double, without losing the paid rest.
- Retail: requires authorization by collective agreement (Law 10,101/2000, art. 6-A).
- 12x36 schedule: the law treats holidays as compensated, but agreements may require payment.
- Holidays: national, state and municipal holidays declared by law.
Holiday vs. optional day off
Dates such as Carnival and Ash Wednesday are, in many cities, optional days off (ponto facultativo), not holidays. On those days the employer decides whether to open, and working does not lead to double pay, unless local law or an agreement says otherwise.
How to check
- See whether the date is a national, state or municipal holiday where you work.
- Check the schedule for a compensating day off in the same week.
- Without a day off, the payslip should show double pay.
- Read the agreement: it may set a higher premium.
Frequently asked questions
I worked the holiday and took a day off the following week. Am I owed double pay?
The day off should be in the same week. A much later day off may not rule out double pay, depending on the case and the agreement.
Is Carnival a public holiday?
As a rule it is a national optional day off. Some cities and states declare it a holiday by their own law.
Do 12x36 workers get double pay on holidays?
The CLT (art. 59-A) treats holidays as compensated on this schedule. A collective agreement may guarantee payment.
Read more in this series
- Working on Christmas and New Year's
- Working on Sundays
- 12x36 shift schedule
- Index: complete guide to labor rights
Topic: this guide is part of Working hours, with all the guides on the subject.
Official sources consulted
Informational content, updated in October 2026. This does not replace an individual analysis of your case.
Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.
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