The World Cup and the search of the Brazilian national team for the sixth championship begin in November.. As it is well known, besides being the most practiced sport, football generates a great economic and cultural impact in the country.
According to the match schedule, Brazil will play their first three games of the group stage on weekdays, which has raised the question about how the workday will be like during the games.
Initially, it is necessary to observe whether business activity is essential or not. If it is, the company should evaluate the possibility of setting a scale between employees during the hours of the games, if feasible. If not, the company will not be able to release the employee to watch the games.
Whatever the company's activity, it is important to emphasize that it is not obligated to release employees to follow the Brazilian national team matches, since there is no legislation that declaring these days holidays or days-off. In case of unjustified absence, therefore, the payroll discount and the application of other appropriate penalties are allowed.
However, in view of the great cultural impact of the event, the company can choose to release its employees for the period of the game or for the day. In this case, there are alternatives provided for by law that guarantee greater legal security for the parties.
Journey compensation
Labor law authorizes the negotiation of an individual agreement between employee and employer, verbal or written, for the compensation of the workday, provided that the compensation occurs within the same month.
Although it is possible to agree to this compensation system verbally, it would be recommendable to formalize the terms of this agreement in writing, detailing the rules and how compensation will occur.
Bank of hours
If the company already has bank of hours system in place, the period granted to employees to watch the games can be offset. This can be done by deducting any positive balance that the employee may have or registering negative balance for the employee to compensate later.
We remind you that the legislation provides two hypotheses for the bank of hours: through individual agreement or collective bargaining with the union.
- Individual agreement: implementation of bank of hours through an individual written agreement between employee and employer, provided that compensation occurs within a maximum period of six months.
- Collective agreement or collective bargaining agreement: implementation of a bank of hours through a collective agreement with the union, in which the conditions for release during the games will be agreed, provided that the compensation occurs within a maximum period of one year.
In addition to these hypotheses, if the compensation of hours does not occur within the same month and the company does not have a bank of hours system, it is possible to negotiate an agreement with the union to compensate the days or hours of employees, specifically for the period of the games of the Brazilian national team, ensuring greater security for the parties.
It is also possible that the company, by mere liberality, dismisses employees during the games and refrain from any salary discount.
In either case, the employee's release may be partial, i.e. only during the period of the game, and not necessarily all day.
It is essential that the company organizes such procedures in advance, aligning the best strategy and ensuring clear and open communication with its employees.
The Company must evaluate and adopt the alternative provided by law in advance to allow its employees to watch the games of the Brazilian national team without negatively impacting the workday and salary.
The evaluation and adoption of the best alternative for the company’s needs shall guarantee a higher degree of legal security, prevent undesired questioning, and mitigate potential risks related to the release of employees during the Brazilian national team World Cup matches.
