Until November 30, workers who work for the CLT must receive 50% of the value of the 13th salary. The employer, if he prefers, can also pay the entire benefit on that date.
All professionals with a formal contract or who performed any activity in this modality throughout the year are entitled to this bonus. The extra salary can be paid even if the worker has not completed 12 months in the company. In this case, an amount proportional to the period worked will be paid. Temporary workers or those who have had maternity or medical leave are also entitled to receive the amount.
The 13th salary turned 60 in 2022, after three years of debate. Its creation was justified to formalize the traditional year-end bonus granted, at that time, by private companies. But it ended up becoming a way of boosting the economy, guaranteeing high sales volumes for industry and commerce during the holiday season.
But the annual tradition, despite being well established, still raises some doubts. Antônio Pereira Neto and Julia Heuser, partner and lawyer at Terciotti Andrade Gomes Donato Advogados, responded to the CNN some common questions that workers have when receiving the benefit. Check out:
Who is entitled to the 13th salary?
All workers who work under an employment contract governed by the CLT are entitled to the thirteenth salary.
This means that urban, rural, domestic workers, independent workers and even INSS retirees and pensioners (see further below) are entitled to the thirteenth.
Every formal worker is entitled to receive the equivalent of one month of extra salary for 12 months worked. If you have not stayed at the company for 1 full year, the payment of the 13th year will be proportional to the period worked.
For example: if you worked 6 months, you receive half the amount.
When will the 13th salary be paid in 2022?
As provided by law, the payment of the first half of the 13th salary must be paid between February 1 and November 30. It corresponds to at least 50% of the benefit amount.
If requested by the employee, the worker can also choose to receive the vacation.
The other half of the amount must be paid no later than December 20th.
Although there is no legal provision, the employer may pay the 13th salary in a single installment, as long as it happens until November 30th.
How is the 13th calculated?
The calculation must consider the worker’s salary and amounts of a salary nature he receives throughout the year, such as overtime, additional hours – such as night shifts, unhealthy work or hazardous work – and commissions.
If the employee receives only a fixed salary, the value of the 13th salary will be equal to the December salary.
If the employee worked less than 15 days in his first month with the company, that month does not count towards the calculation of the 13th.
Daycare allowance, transportation, food and profit sharing are not included in this account.
What are the charges deducted from the 13th salary?
As with the monthly salary, on the 13th there is also a discount for Income Tax and INSS.
However, the incidence of taxes will only occur in the second installment of the 13th, which must be paid by December 20th.
Are temporary workers entitled to the 13th salary?
The worker who had the contract signed during the period in which he performed the temporary work is entitled to the 13th. The amount is also proportional to the months worked.
Do women on maternity leave get?
Yup. The leave period does not affect the benefit calculation, and nothing is deducted from the person.
Who took sick leave is entitled to the benefit?
Yes, and payment must be in full. What changes is who is responsible for the payment: in the case of absence for up to 15 days, the company is responsible for paying the 13th.
When the employee is away longer, the company pays the 1st proportional to the period worked, and the rest is paid by the National Institute of Social Security (INSS).
Dismissed for just cause gets the 13th?
Not. Dismissal for just cause releases the company from paying the benefit to the terminated worker.
And for retirees? How does the payment work?
It works the same way. However, the payment of the 13th salary for retirees has already taken place in 2022, given that the Federal Government anticipated the payment of the benefit.
The first installment was paid in May and the second in June.
What to do if the company does not pay the 13th salary?
The 13th salary is a benefit to be paid obligatorily to all contracted workers.
Failure to pay is considered an infraction and results in a fine for the employer.
If the worker who did not receive the 13th, he can formalize a complaint to the Ministry of Labor and Welfare (https://www.gov.br/pt-br/servicos/realizar-denuncia-trabalhista).
* Under supervision of Ana Carolina Nunes
Source: CNN Brasil
Joe Jameson, a technology journalist with over 2 years of experience, writes for top online news websites. Specializing in the field of technology, Joe provides insights into the latest advancements in the industry. Currently, he contributes to covering the world stock market.
