According to Law No. 11.324/06, the domestic worker has the right to rest in civil and religious holidays, as well as is entitled to remuneration in double when working on these days without a compensatory break.

According to the employer, the worker lived on the workplace and sometimes during the day he used to meet his friends and only returned at night. For the employer, the claimant is not entitled to weekly rest period and worked holidays since he is a domestic worker.

However, the reporting judge Jessé Cláudio Franco de Alencar considered that the sole paragraph of article 7 of the Federal Constitution assured the domestic workers the right to weekly rest period preferably on Sundays.

Besides, after the revocation of article 5 of Law No. 605/49, there is no longer any doubt that the domestic workers have the right to rest on holidays and receive in double for the work on these days, when there is no day off to compensate. With these reasons, the decision of the lower court judge was maintained.

Case No. RO 0000804-92.2011.5.03.0027

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