Labor lawyer explains rights to watch World Cup matches

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With the start of the 2022 World Cup in Qatar, hopes for a possible sixth championship only increase among Brazilian fans. The Brazilian team will debut this Thursday, the 24th, at 4 pm Brasília time against the Serbia team, at the Lusail Iconic Stadium, in Lusail, which is 24 kilometers from the capital Doha.

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In national territory, many citizens will still be fulfilling their working hours during the matches; however, an agreement between the employees and the boss can be the solution for everyone to be able to watch our players on the field.

Unfortunately, matchdays for the national team are not even considered an optional point, but it is possible make some adjustments to the work schedule so that everyone leaves happy and doesn't leave the boss in the hand. That's what the Federation of Trade in Goods, Services and Tourism of the State of São Paulo (FecomercioSP) says.

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Right to watch World Cup games

The federation indicates that it is best for the company to consider the cultural significance of the event and place in balance the effects that your decisions may have on the progress of the work and the good coexistence. According to experts on the subject, a good relationship between both parties should be prioritized, employees and boss, although the latter is not obliged to leave workers free during working hours. matches.

“The employer will only release the workers, if he so wishes and agrees with the employees themselves. The Consolidation of Labor Laws (CLT) does not specifically regulate this issue. Therefore, everything depends on the will of the employer. Of course, as we all love football, companies are making arrangements to release employees to watch World Cup games, however this goes according to the agreement that the company makes with the employees” explained José Eduardo Pastore, legal advisor at Fecomercio SP and lawyer labor.

Other rules may apply for employees who are not football fans. These rules will be created without discrimination and that meet the company's objectives, according to FecomercioSP. According to the federation, the bosses must agree in advance how the company will work on the days of the Brazilian team's matches

“That he agree everything beforehand, informing whether the game schedules will simply be given to employees, if there will be any compensation or even if all this will be within the hour bank - or other rules", pointed out the attorney.

According to Pastore, another important guideline is that the firm must respect the journey of, in the maximum, eight hours of work with up to two hours of overtime per day, as stipulated in the Constitution Federal.

“Regardless of what the company is going to settle with the employees, the important thing is to observe the working day, including breaks, in the case of four- or six-hour days. All of this, as said, must be negotiated beforehand, in accordance with the principles of good faith and transparency.”

This novelty will be applied in the situation in which the employees will remain in the company after the normal hours of their work schedules to accompany the games, if the match starts before the end of the day and extends beyond her. However, it is important to remember that they will not be available to the boss at this particular moment.

“The CLT no longer considers the employee's leisure time – even within the premises – after the end of the working day as available to the employer. Therefore, private activities, such as religious practices, rest, leisure, study, food, social activities and hygiene personnel, among others, even if carried out on the premises of the companies, before or after the beginning (or the end) of the daily workday, do not entail hours extras. However, it is worth highlighting, as long as there is no imposition by the employer”, Pastore continued pointing out.

Functioning of public institutions

Decree 9.763/2022 of the Ministry of Economy establishes guidelines for direct public administration bodies and entities federal, municipal and fundamental regarding the working day on the days of the Brazilian soccer team's matches in the World Cup Qatar. According to the ordinance, state employees can close activities two hours before the games. On the 24th, when the start time is at 4 pm, the office may close at 2 pm.

On Monday, the 28th, Brazil plays against Switzerland at 1 pm, so work ends at 11 am. The rule also allows for no opening hours for matches starting at 12:00. In the period from December 1, 2022 to May 31, 2023, time not worked due to early termination of working hours must be compensated by employees.

Functioning of private institutions

In the private sector, the situation is a little different, as agreements may exist, but who determines what will or will not happen is the owner of the company.

The owner of a foam cutting shop, Antonio Dominguez, said that in view of the games that take place at 4 pm, he will release its ten employees 30 minutes before the start of the matches, however there will be no need for compensation for these hours:

“On the day when the game takes place at 1 pm, I'll put the game on the computer screen so we can watch it together and also to observe how the movement of customers and surrounding stores is. In the other phases of the competition, I will still decide how it will be”.

The owner of a marketing agency, Filipe Ferraz, who employs 25 employees in Minas Gerais, said that on the days of the selection's games, his employees will work in the home office model. “We are going to adopt the hour bank model, being able to compensate before or after the games; however, as we serve customers throughout the national territory, we will put a small team on duty to respond to any emergencies, since not everyone will completely stop their activities,” he said. he.

Despite the importance of the World Cup for most Brazilians, employees should not ignore labor contractual obligations. As a result, punishments may be applied for unjustified absences and delays, among others, if there is no prior agreement with the boss.

The Brazilian team at the World Cup

During the first phase of the world cup, Brazil will enter the field against the Serbia selection at 4 pm on November 24th. After this first challenge, the team leaves to play against Switzerland on the 28th at 1 pm. To complete this first phase of the championship, Brazil will play against Cameroon on December 2 at 4 pm.

If the selection advances in the phase, it is likely to play another five days. The round of 16 will take place on December 5th and 6th at 4 pm. If Brazil continues to win, they will move on to the quarterfinals on December 9th and 10th at 12:00 noon. Already in the semifinal phase, on December 13th and 14th at 16 pm.

The game that will determine the third place in the World Cup will take place on December 17th at 12:00h while the grand final of the World Cup in Qatar will take place on December 18th, also at noon.

Some capitals in the country are adopting different solutions so that all employees can watch the games, without the services suffering from the lack of employees.

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