Why do most Brazilians work today, but São Paulo has time off? Understand reason and rules

The Constitutionalist Revolution of 1932 is remembered to this day in São Paulo
While millions of Brazilians leave their homes normally to go to work this Thursday (9), São Paulo residents enjoy a state holiday.
After all, why is July 9th a public holiday only in São Paulo? Who is entitled to time off? Whoever works gets paid double? And what about cases of home office or employees who work for companies based in other states?
The answer goes through one of the most important episodes in the history of São Paulo: the Constitutionalist Revolution of 1932. The movement began on July 9 of that year and put São Paulo in confrontation with the provisional government of Getúlio Vargas.
Although it ended with the military defeat of the constitutionalists, the revolution became a symbol of the fight for a new Constitution and began to occupy a central place in the state's political memory.
Because of its historical weight, it became São Paulo's biggest date and, decades later, it became a public holiday.
Why does the holiday only exist in São Paulo?
How did the 9th of July become a public holiday?
Who has the right to the day off?
Whoever works on the holiday gets paid double?
And in the home office? What's it worth?
I work for a company in another state. Am I entitled to the holiday?
The Estaiada bridge is seen reflected in the proliferation of algae that turned the water of the Pinheiros River green, in the South Zone of São Paulo. According to Cetesb, the dry period reduced the contributions of tributaries, maintaining a very low flow in the main channel and favoring the proliferation of algae, responsible for the change in color (September 10)
Jorge Silva/Reuters
Why does the holiday only exist in São Paulo?
The origin of the date helps to explain why it is not celebrated in the rest of the country. The Constitutionalist Revolution emerged in a context of strong political tension.
In 1930, Getúlio Vargas took power after the revolution that overthrew the then president Washington Luís and ended the so-called Café com Leite policy, marked by the alternation of power between São Paulo and Minas Gerais.
In the following years, dissatisfaction grew among sectors of the elite and the population of São Paulo. The state had lost political influence and began to demand the convening of a Constituent Assembly to return a Constitution to the country.
The protests gained strength in May 1932. During a demonstration, four young people died: Martins, Miragaia, Dráusio and Camargo. The initials of the surnames gave rise to the MMDC movement, which became one of the main symbols of São Paulo's mobilization.
Just over a month later, on July 9, the armed uprising against the federal government began.
The revolution mobilized thousands of volunteers and had broad popular participation. The constitutionalists, however, ended up defeated after almost three months of fighting. Even so, the movement began to be remembered by São Paulo residents as a milestone in the defense of the country's constitutionalization.
As it was a revolution led by São Paulo and deeply linked to the state's history, the date never became a national celebration. Recognition remained restricted to the territory of São Paulo.
Poster of the Constitutionalist Revolution of 1932
Disclosure/MIS
How did the 9th of July become a public holiday?
The transformation of the date into a public holiday occurred just 65 years after the revolution. In 1995, Federal Law No. 9,093 authorized Brazilian states to choose their own major date and transform it into a civil holiday.
In São Paulo, State Law No. 9,497 was approved, sanctioned by the then governor Mário Covas on March 5, 1997. The norm made July 9 official as a state holiday.
In practice, this means that the date has the force of law and does not depend on the annual publication of decrees to exist.
Who has the right to time off?
According to labor lawyer Zilma Aparecida da Silva Ribeiro, partner at the firm Lopes Muniz Advogados, the state holiday takes effect only within the territory that established it.
"In addition, only workers with a CLT contract. But it is important to clarify that not all CLT workers have the right to the holiday off.

For example, those who are not subject to working hours control."
In other words, companies with workers working in São Paulo must observe the rules applicable to holidays.
Those who work on holidays receive double pay?
Not always. The legislation provides that work carried out on holidays must be compensated, but this compensation can occur in two ways.
Law No. 605/1949 establishes that, when it is not possible to suspend activities, work carried out on holidays must be remunerated in double.
"But if the employer grants another day off to compensate for work on the holiday, they will not need to pay double for that day", explains the lawyer.
What's the point in the home office?
With the expansion of remote work, many professionals carry out their activities for companies located in other states. working hours control maintains rights related to working on holidays.
"If the teleworking employee is subject to working hours control, he or she will be entitled to double remuneration or compensatory time off for working on a holiday. Anyone who does not have a controlled working day and works from home does not have the right to a double day or to time off."
The lawyer explains that, to define which holiday applies to the remote worker, the contractually defined location of service provision must be considered. Therefore, if the employee is working remotely from a location where the day is a holiday, the date must be observed.
I work for a company in another state. Am I entitled to the holiday?
In most cases, yes. According to Zilma, the location of the The company's headquarters is normally not the main element to define the application of the holiday.
"What must be considered is the location of the provision of services, regardless of where the company is established."
Thus, a worker who provides services in São Paulo for a company based in another state must have the São Paulo holiday observed.
Similarly, an employee who works in another state for a São Paulo company will not automatically be entitled to the July 9th holiday just because the company's headquarters is in São Paulo. place where services are provided.

Source: G1

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