Constitutionalist Revolution of 1932 is remembered to this day in São Paulo While millions of Brazilians leave home 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 home office cases or employees who work for companies based in other states? The answer goes through one of the most important episodes in São Paulo's history: the Constitutionalist Revolution of 1932. The movement began on July 9 of that year and placed 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 struggle 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 July 9th become a holiday? Who is entitled to time off? Whoever works on public holidays 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 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 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 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 the São Paulo 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. Because 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 July 9th become a public holiday? The date was transformed into a holiday only 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 then governor Mário Covas on March 5, 1997. The rule 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 is entitled to time off? According to labor lawyer Zilma Aparecida da Silva Ribeiro, partner at Lopes Muniz Advogados, the state holiday only takes effect 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 are entitled to holiday time 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. Whoever works on public holidays gets paid double? 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 performed on holidays must be paid double. "But if the employer grants another day off to compensate for work on the holiday, they will not need to pay double that day", explains the lawyer. And in the home office? What's it worth? With the expansion of remote work, many professionals carry out their activities for companies located in other states. In these cases, the application of the holiday depends not only on the place where the company is based, but also on the rules of the employment contract. According to Zilma, teleworking employees who are subject to working hours control maintain rights related to working on holidays. "If an employee working remotely is subject to working hours control, he or she will be entitled to double pay or compensatory time off for working on a holiday. Anyone who does not have controlled working hours and works from home is not entitled to double days or time off." The lawyer explains that, to define which holiday applies to the remote worker, the contractually defined place 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 company's headquarters is normally not the main element in defining 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 observe the São Paulo holiday. Likewise, an employee who works in another state for a company in São Paulo will not automatically be entitled to the July 9th holiday just because the company's headquarters are in São Paulo. What prevails is the location where the services are provided.