Both the legislation and case law in Brazil are quite
restrictive as regards vacation, which is considered a matter
directly related to the workers' health, safety and well
being.
Under the current Brazilian legislation, every employee is
assured 30 days' vacation at each 12 months of work (the
so-called "earned vacation time"). The employee's
vacation is paid and further to the remuneration for the vacation
period, an allowance equivalent to 1/3 of the vacation pay is also
due to employee.
At the end of the earned vacation time (12 months), employer
must grant vacation within the 12-month period following the date
the employee earned vacation (called grant period).
"Grant" should be construed as "permission for
employee to take vacation effectively", whereas its mere
replacement by payment in cash is not allowed. In fact, vacation
cannot be converted into payment (in lieu of vacation) except upon
employee's request, and even in such case, only 1/3 vacation
may
