This Tuesday (30) is the deadline for companies to deposit the first installment of their 13th salary. Workers with a formal contract or who performed any registered activity throughout 2021 are entitled to payment.
The second installment must be deposited by December 20th. How to calculate the value? Who exactly is entitled? See answers below.
When is the 13th salary paid in 2021?
If the worker has not opted to receive the 13th salary advance on vacation, companies must pay at least half of the 13th salary between February 1st and November 30th, 2021. In practice, companies pay on November 30th.
The other half must be paid, at the latest, by December 20th.
If the worker’s salary has been readjusted after the payment of the first installment, he must receive the difference together with the second installment. Under the law, the company does not need to pay installments for all employees at the same time.
How to calculate the amount you will receive on the 13th?
The calculation of the value must consider the salary and also the so-called salary amounts that the employee frequently receives throughout the year, such as: overtime, commissions and night hours, for hazardous and unhealthy conditions. This amount will be added proportionally in the installments of the 13th.
Transport allowance, food stamp, meal ticket, day care allowance and profit sharing are not included in the calculation.
If the employee receives only the salary, the value of the 13th will be equal to the December salary. If the employee worked less than 15 days in the month he joined the company, this month does not count for the calculation of the 13th.
In the first installment, the employee receives half of the normal salary if he worked the entire year. If you’ve worked for a few months, you get paid proportionally.
In the second installment, what is missing from the first installment is paid, excluding the discounts: Social Security, Income Tax and alimony (if any).
Who is entitled to the 13th salary?
All employees with a formal contract are entitled to receive the equivalent of one month’s salary, if they have worked for the entire year at the company. For those who have not worked for 12 months, the value of the 13th month must be proportional to the period worked.
Are temporary workers entitled to 13th salary?
Yes, if the employee has had a work card signed during temporary work. In this case, he will receive the amount proportional to the number of months worked.
Who was fired for cause gets 13th?
No. In these cases, dismissal for just cause releases the company from paying the extra salary to the worker.
Are domestic workers entitled to the 13th?
Domestic workers who are duly registered and work with a formal contract are also entitled to the 13th salary. The rules are the same as for other workers.
Who took medical leave receives the benefit?
Yes—and you should get the full amount. What can change is who is responsible for payment. In case of absence for up to 15 days, nothing changes, the company is responsible for the full payment of the benefit.
When the employee is on leave for longer, the company pays the 13th proportional to the period worked, and the amount corresponding to the period in which the employee was away is paid by the INSS (National Social Security Institute).
Do women who took maternity leave receive the 13th?
Yes. The period of leave does not interfere in the calculation of the benefit and nothing is deducted from the employee’s benefit.
How is the 13th who earns commission calculated?
For those who receive commission, the calculation for the 13th is done as follows: the average of the amounts received in the period from January to October (for the first installment) and from January to November (for the second installment) is calculated. For December commissions, the difference in the 13th salary will be recalculated and the amount may be paid until the 5th business day of January 2022.
What to do if the company does not pay the 13th salary?
The payment of the 13th salary is mandatory for all workers who have a formal contract. This right is provided for in Law 4,090/1962 and non-payment is considered an infraction and results in a fine for companies.
Employees who do not receive the 13th grade can report the company to the Labor Court, for that, simply access the website, click on “Labour Justice” and choose their region to file the complaint.
When is the 13th salary of retirees paid?
Retirees and pensioners of the INSS (National Social Security Institute) have already received the two installments of the 13th of 2021. This year, the federal government again anticipated payment of the benefit due to the Covid-19 pandemic. Therefore, the approximately 31 million policyholders have already received the money.
The first installment was paid in the first half of this year —starting in May— and the second in the second half —starting in July. The benefit release date varies according to the amount the person receives from the INSS and the final benefit number.
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