Understand what DSR is, what the legislation says about this right and how it is calculated.
DSR is the acronym for Weekly Paid Rest, a right of all CLT workers. It is provided for in Article 7, item XV, of the Federal Constitution.
Although it is a common right, there are still many doubts about it. In this article, we explain DSR, how it works, when employees are entitled to it and how to calculate the deduction on their payslips.
DSR: Paid Weekly Rest, what is it?
The Remunerated Weekly Rest is a right of every worker hired under the CLT regime.
Its aim is for workers to have time to rest, socialize with family or friends and do any activity that isn't work-related.
Rest is very important for preserving workers' health, both physical and mental.
As the name implies, this is paid time off. It must therefore be taken into account when calculating the employee's salary.
The general rule establishes that after six consecutive days of work, the employee may take paid weekly rest for at least 24 hours, without prejudice to salary or remuneration.
However, companies can grant rest before six consecutive days. This is the case where workers work from Monday to Friday and take Saturdays and Sundays off.
What companies can't do is break the rule and exceed the six days.
What does the law say about DSR?
According to the law, DSR is considered an inalienable right for all workers, whether urban or rural. Its purpose is for employees to have time to rest and socialize, preferably on Sundays.
This is provided for in articles 67 to 70 of the CLT, in Article 7, item XV of the Federal Constitution, and also in Law 605/1949.
The CLT considers paid rest to be an occupational health and safety rule. See what Art. 67 says:
"Art. 67 - Every employee will be guaranteed a weekly rest of 24 (twenty-four) consecutive hours, which, except for reasons of public convenience or imperative need of the service, must coincide with Sunday, in whole or in part."
Who is entitled to DSR?
As a general rule, all workers hired under the CLT regime are entitled to DSR, with the right to at least one day off a week, with a 24-hour rest period.
However, there are situations in which the employee receives a deduction for the Remunerated Weekly Rest on their pay slip.
Full entitlement to DSR is acquired when the worker complies with the attendance requirement. In other words, they need to be present and punctual, with no absences, delays or excuses during the working day of the week preceding the break.
Delays within the company's minimum tolerance time are not considered reasons for rest. Article 58 of the CLT states that delays of 5 minutes or variations of 10 minutes per day are not counted.
In addition, workers who fail to show up for work lose their right to DSR pay. However, they do not lose their right to rest.
Let's take an example: If a worker is absent during the week and doesn't provide an excuse, he loses the equivalent of the working day and the DSR. However, they still get their days off as normal.
How does it work?
According to the provisions of the Federal Constitution regarding the Remunerated Weekly Rest, this should preferably be granted on Sundays, as this is a day considered more suitable for resting and socializing.
However, there are many companies that need to operate on Sundays, especially those in the food industry, such as supermarkets and restaurants. As well as other sectors such as pharmaceuticals, healthcare, events and others.
In these cases, DSR is granted normally, taking into account the rules, within a scale format that can be 6×1, 6×2 and others.
How to calculate?
The calculation of the Remunerated Weekly Rest takes into account the working day, the pay received, days worked and rest days. As such, the calculation can vary with each payroll.
For employees who don't receive commissions or overtime, the amount of time off is already included in their salary. It is shown on the monthly payroll.
For those who are paid by the day, the deduction is equivalent to the value of the day worked, without bonuses or commissions.
To do this, add up the hours in the month and then divide the result by the number of days in the week, counting Saturday. The result must then be multiplied by the number of Sundays and public holidays. Finally, the value obtained must be multiplied by the working hour.
It is important to remember to include overtime in the calculation, in accordance with Law 7,415/1985 and TST Ruling 172.
DSR on overtime
Overtime increases the employee's working hours and is therefore also reflected in the Remunerated Weekly Rest.
DSR = (total value of overtime worked in the month / working days in the month) x Sundays and public holidays.
DSR on additional night work
As with overtime, the night-time bonus must also be taken into account when calculating the DSR.
The surcharge is equivalent to 20% of the hourly rate for daytime work.
To do this, add up the night hours worked during the month. Divide the total by the number of working days. Multiply the result by the number of Sundays and public holidays. Then multiply the result by the value of the night hour.
What is DSR payroll deduction?
Payroll deductions occur when employees are absent from work without justification or when they are late.
In such cases, the DSR will be deducted and the pay reduced.
If the absences or delays are excused by the company, payment is then made as normal.
Understand the variations in DSR according to the working day
The calculation of DSR can change depending on the type of working day or the form of remuneration.
- Monthly workers - DSR is already included in the salary, and the calculation is as follows: DSR = (salary x total number of DSR for the month) / number of working days in the month;
- Hourly workers - the difference is that the hours received must be converted into a monthly salary. The calculation is made as follows: DSR = (Total hours worked in the month x Hourly wage) x (total number of DSRs in the month) / total number of working days in the month;
- Commission workers - in this case, the total amount of commissions must be added up, divided by the number of working days and finally multiplied by the number of rest days.
In which cases do employees lose their right to a paid weekly rest?
DSR can be deducted from the payroll when an employee is absent without justification or does not work the full working day during the week.
How can we help?
With the advice of a specialized and experienced company like CLM Controller, your company guarantees compliance with the law and avoids problems related to non-payment of DSR or irregular payments.
Want to know more about our work? Get in touch right now.
