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Friday, December 2, 2022
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Workers receive the first installment of the 13th salary this month; take your doubts

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Workers with a formal contract receive the first installment of the 13th salary until the 30th of this month. The second installment is paid in December, until the 20th.

By law, the first quota can be released earlier, with the deposit of the amounts in the month of the worker’s birthday or on vacation, according to the professional’s option.

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“The employee can receive along with the vacation if they ask until January of each year, in writing to the company”, says labor lawyer Maria Lucia Benhame.

Who is entitled to the 13th salary?

The amount is paid to workers with a formal contract governed by the CLT (Consolidation of Labor Laws) regime and must include all who are part of this category, including domestic workers.

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Retirees, pensioners and beneficiaries of INSS (National Social Security Institute) aid are among the categories they receive, as well as civil servants. This year, the two installments for retirees were advanced in the first half of the year, in an attempt by Jair Bolsonaro (PL) to strengthen his chances of reelection.

Now, the category will not receive anything other than the monthly benefit. The new policyholders, however, will have the money deposited this month. The amounts are proportional, according to the number of months in which the insured received retirement, pension or INSS assistance, but will be paid in full.

The consultation to find out how much you will receive will be made through the My INSS app or website and will only be open this month.

How is the value of the 13th calculated?

For those who were already in the company or were hired until January 17th, the value of the first installment of the 13th is exactly equal to half of the salary. The reference remuneration is for the month of December. However, if overtime, night shifts or commissions were paid frequently, the first quota may be higher.

As for the professional hired from January 18, the 13th will be proportional to the months worked. For those who have at least 15 working days in the month, the full portion must already be considered to calculate the benefit.

According to Josué Pereira de Oliveira, labor consultant at Confirp Consultoria Contábil, workers who only receive a commission must calculate the amount based on the arithmetic average of the commissions received during the year or according to the rule that is in the collective agreement of the category, “always following what is considered more beneficial”, he says.

Employees who have more than 15 unexcused absences in the month may have deducted from their 13th salary the fraction of 1/12 for the period.

Are there discounts on the 13th?

The first installment of the benefit must be paid in full. In the second, the common salary discounts are made, such as Income Tax, contribution to the INSS, alimony, if any, and union contribution if provided for in a collective bargaining agreement.

As it is a labor fund, the employer must pay FGTS (Fundo de Garantia do Tempo de Serviço) on the benefit. The percentage is 8% of the salary for CLT employees, including domestic workers, and 2% in the case of minor apprentices.

What to do if you don’t receive it?

According to Maria Lucia Benhame, the professional entitled to the 13th who does not receive the amount can sue the union of his category or make a complaint to the Public Ministry of Labor. The guideline, however, is to negotiate payment with the employer.

If there is no agreement and the complaint has no effect, the worker can go to the Judiciary to receive the amount through a labor action.

How is the payment on dismissal?

In case of dismissals without just cause, the balance referring to the 13th salary must be paid. The worker is also entitled to the amount if he makes a request for a waiver or when a fixed-term employment contract comes to an end. The amount paid is proportional to the months in service.

In case of dismissal without just cause, there is no payment of the benefit. If the first installment has already been paid, the professional even loses the right to it, and may suffer a discount on the salary balance.

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