Minimum wage is R$ 1,302 or R$ 1,320? Understand what’s at stake

The higher-than-expected cost of the 2023 minimum wage adjustment delays a definition for this year’s national minimum wage.

Right now, the 7.41% readjustment validated by former President Jair Bolsonaro (PL) is valid, which raised the minimum wage from R$ 1,212 to R$ 1,302. However, as the Sheet showed, the Lula government received a warning about spending and is studying alternatives to raise the national floor to R$ 1,320, approved by the National Congress at the end of December last year.

The Minister of Labor, Luiz Marinho (PT), should make a statement on the subject next Monday (9).

The higher readjustment is a campaign promise by President Lula, but the government received a warning that raising the minimum wage from the current R$1,302 to R$1,320 could cost R$7.7 billion more than forecast in the 2016 Budget. 2023.

Until an MP (Provisional Measure) readjusts the minimum to the promised R$ 1,320, around 57 million workers and retirees must pay attention to the benefits that have the value as a basis for calculation. Bodies such as the INSS (National Social Security Institute) are awaiting the definition of the value.

RETIREMENTS AND BPC

The national floor is the minimum amount paid by the INSS (National Social Security Institute) for retirement, death pensions and sickness benefits.

The BPC (Continued Provision Benefit), granted to seniors aged 65 and over and low-income disabled people, will also be readjusted to the same amount.

The INSS will start paying retirement benefits, pensions and sickness benefits with the new floor between January 25th and February 7th, 2023, following the new payment schedule.

INSS DELAYS

The new national floor also changes the limit used by Justice to pay INSS arrears more quickly to those who won a judicial process for granting or reviewing the benefit. Considering the floor of BRL 1,302, the maximum amount that can be received through RPVs (Small Value Requisitions) is BRL 78,120, corresponding to 60 minimum wages.

Insured arrears who initiated benefit review actions in Federal Special Courts are entitled. Anyone who takes action in a court waives any amounts exceeding the limit of 60 minimum wages.

Revisions and concessions with values ​​above 60 minimum wages will continue to be paid by Justice through precatories, released in annual batches.

Arrears of up to five years prior to the review request are due, plus the waiting time to receive the increase, if entitled.

CONTRIBUTIONS TO INSS

Contributions to the INSS will also change for policyholders who contribute at the national level. But only payments made from February onwards (referring to January) are calculated on the new minimum wage.

Policyholders who contribute as optional or self-employed on the floor will have new values, either at the rate of 11% or 20%, also from January.

Low-income housewives, for example, contribute 5% of the minimum wage per month. In 2022, this amount was R$ 60.60. Those who are registered as MEI (Individual Microentrepreneur) may have to pay different amounts, according to the activity carried out.

The basis is also 5% of the minimum wage per month, but those who work with commerce, industry and transport services need to add R$ 1 of ICMS. Services in general contribute with an additional BRL 5. Finally, those who contribute in both sectors are impacted by the incidence of the two taxes, which adds up to BRL 6.

The exception is the MEI truck driver, who must contribute at least 12% of the current minimum wage. ISS and ICMS charges depend on the specifications of the cargo and the scope of the territory in which it travels.

PIS/PASEP ALLOWANCE

The PIS/Pasep salary allowance can be received by workers in private and public companies who earn up to two minimum wages, have worked for at least 30 days in the base year and have been registered with the PIS/Pasep Participation Fund for at least 30 days. at least five years.

The calculation multiplies 1/12 of the minimum wage valid on the payment date by the number of months worked in the corresponding year. In 2023, if the beneficiary worked throughout the reference year, he will receive a minimum salary allowance. If you worked six months in 2021, you will receive half of the current minimum wage.

The PIS allowance for the year 2021 begins to be paid on February 15th, for those born in January, and has new releases until July 17th, when the payment of the last batch is made, for December birthdays. Two batches are released each month.

MINIMUM QUOTE OF UNEMPLOYMENT INSURANCE

The minimum amount of the unemployment insurance installment is also equal to a minimum wage. To calculate the benefit paid to the worker, the government calculates the average of the three salaries prior to dismissal and then applies a reducer, according to the remuneration range.

According to the Ministry of Labor and Social Security, the values ​​will be updated from January 11th. The government also informs that the upper ranges for calculating unemployment insurance will be updated by the 2022 inflation, considering the INPC (National Consumer Price Index).

INTERMITTENT WORK

Under the regime created by the labor reform approved by Congress in the Michel Temer government, in 2017, the employee is paid by the hour and there is no establishment of a minimum shift.

To calculate the intermittent wage, you need to divide the minimum wage by the 220 hours of work per month.