Next Wednesday (30) is the last day for payment of the first installment of the 13th salary. The deposit is divided into two stages and the second must be paid by companies by December 20th. All workers with a formal contract under the CLT (Consolidation of Labor Laws) regime are entitled to payment.
“This is a 13th salary bonus so that people can have an extra relief in the month of December, the Christmas season” explains the lawyer specialized in Labor Law, Adriana Faria.
How is the payment for retirees and other INSS beneficiaries?
Retirees, pensioners and beneficiaries of INSS (National Social Security Institute) aid also receive. Since 2020, installments are anticipated for this group. This year they were deposited in the months of April and May, after the decision of the then re-election candidate Jair Bolsonaro (PL).
Already retirees who started to receive the benefit after the anticipation will receive the 13th normally this month. The consultation of the amount and dates of deposit can be made through the application or on the Meu INSS website.
Citizens who receive BPC (Continued Provision Benefit) are not entitled to the 13th.
How is the 13th of workers calculated?
The extra salary is calculated by dividing the total received in the year by the number of months worked. Those who worked in the company for less than 12 months receive a proportional amount.
Additional values ​​such as unhealthy work, commission, overtime and night shift are also taken into account for the calculation. Months with more than 15 unexcused absences generate a discount on the amount. Amounts relating to Income Tax, INSS contribution and alimony are deducted from the second installment.
What to do if the amount is not paid?
The 13th salary is a right guaranteed to formal workers since 1962, whether urban, rural or domestic. The employer does not have the option of not making the payment.
The amount of the extra salary can be paid in a single payment, until the end of November, or in two installments, divided between November and December. The first installment can be paid in advance for the employee’s vacation or birthday month, but the request must be formally made to the company by January of each year.
Labor lawyer Larissa Salgado, a partner at Silveiro Advogados, explains that anyone who does not receive the installment by the deadline must contact the category union, the Regional Labor Office or the Public Prosecutor’s Office.
Employers who fail to comply with this labor law may receive a notice of infraction and an administrative penalty. The fine for each employee with late payment is R$ 170.25.
What happens if the company does not have the money to pay?
According to Adriana Faria, companies that are unable to make the payment of the 13th can negotiate with employees or unions the payment of the bonus in installments.
Who was fired has the right to receive the 13th?
People who were fired without just cause throughout the year receive the value of the 13th month equivalent to the months worked along with the other severance pay.
If this amount is not paid, the professional can file a labor lawsuit at the regional labor office.
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