StartNewsLegislationDo you know what justified absences are?

Do you know what justified absences are?

It is always important to remember that the relationship between employee and employer should be based on balance and reciprocity. The worker, when starting their journey in a company, not only acquires rights but also assumes fundamental responsibilities for the proper functioning of this relationship. Such balance is regulated by the Consolidation of Labor Laws (CLT), which seeks to ensure justice and mutual protection in this relationship.

Article 473 of the CLT is an excellent example of the guarantees granted to the worker so that they can attend to personal and family situations without causing harm to their salary.This article covers several situations in which an employee is entitled to paid absence, reflecting the sensitivity of Brazilian legislation in protecting workers at the most important moments in their lives.

Among the main hypotheses, we have:

  1. Death of family members: The employee has the right to be absent for up to2 consecutive daysin the event of the death of a spouse, ascendants, descendants, siblings or financial dependents.
  2. Marriage: The worker can enjoy3 consecutive dayspaid leave due to marriage, ensuring a period of celebration and adaptation to the new married life.
  3. Birth of a child or shared custody: The article assures the father5 consecutive dayspaternity leave, ensuring their participation in the first moments of the child's life or in the new family dynamics in cases of shared custody.
  4. Voluntary blood donation: To encourage this act of solidarity, the worker has the right to1 day absenceper year duly proven.
  5. Voter registration: In order to comply with citizenship, the employee may be absent for up to2 days(consecutive or not) to register as a voter, in accordance with current electoral legislation.
  6. Fulfillment of military service requirements: The worker is also protected for the time necessary to fulfill the obligations imposed by military service.
  7. Entrance exams: The legislation guarantees the right to be absent during the days in which the employee is taking entrance exams for admission to a higher education institution.
  8. Appearance in court: In situations where the employee needs to appear in court, the time of absence is guaranteed by the CLT, so that the employee can exercise his rights without impacting his salary.
  9. International trade union meetings: A worker who represents a trade union entity in official meetings of international organizations of which Brazil is a member has the right to the necessary time of absence.
  10. Monitoring medical appointments during pregnancy: The employee may be absent to accompany his wife or partner for up to6 medical appointmentsduring pregnancy.
  11. Accompanying your child to medical appointments: The worker has the right to1 day per yearto accompany your child up to 6 years old to medical appointments, reinforcing child protection.

These rights reflect the legislator's commitment to creating conditions that allow workers to reconcile their professional lives with family and civic responsibilities, guaranteeing financial protection during these absences.

If, on the one hand, the CLT grants a series of rights to the employee, on the other hand, it also imposes importantobligationsThese responsibilities are essential for the employment relationship to occur in a harmonious and productive manner, for both the employee and the employer. By accepting a employment contract, the employee agrees to follow certain contractual and legal rules, such as:

  1. Punctuality and attendanceAdherence to established schedules is essential for work organization. Additionally, absences must be justified, preferably in advance, ensuring that the company's activity flow is not interrupted unnecessarily.
  2. Care for the company's assetsThe worker must take care of the material resources entrusted to them, using them responsibly and efficiently. Inappropriate use can result in damages that impact both the company and the work environment itself.
  3. Follow internal policies and proceduresEach company has its own conduct and safety standards. The compliance with these policies, such as the use of personal protective equipment (PPE) and respecting the confidentiality of strategic information, is crucial for the integrity of the work environment.
  4. Meeting goals and deadlinesThe worker has the obligation to perform their activities with commitment and dedication, respecting established deadlines and goals. Non-compliance with these parameters can harm not only the company but also the employee's professional development.
  5. Respect for hierarchy and good coexistenceMaintaining respect for hierarchical authorities, as well as fostering a healthy and collaborative work environment, is the responsibility of all workers. Harmonious coexistence contributes to collective efficiency and the company's success.
  6. Compliance with contractual and legal standardsThe employment contract and labor legislation establish limits and obligations that must be observed. Disregarding these rules may result in disciplinary sanctions, such as warnings, suspensions, and even dismissal for just cause.

Fulfilling these responsibilities strengthens the bond of trust between employer and employee, promotes a safer and more productive work environment and, consequently, increases the chances of professional growth within the company.

The knowledge ofrightsandresponsibilitiesThe work environment is a fundamental pillar for professional success. Brazilian labor legislation seeks to protect the worker without failing to ensure the maintenance of a fair relationship with the employer. By exercising their rights and fulfilling their obligations, the employee contributes to the creation of a balanced and harmonious work environment, essential for their growth and the company's development.

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