The single installment or the first part of the benefit should have been paid by Friday (29). Payment made in a single installment only in December is illegal.
The deadline for the payment of the single installment or the first part of the 13th salary for workers with formal contracts ended last Friday (29).
According to the 1962 legislation, the final deadline for payments is November 30. Since the date fell on a Saturday this year, the payment must be anticipated to the previous business day.
The 13th salary can be paid in two ways: in a single installment or divided into up to two parts. If divided, the second installment must be paid by December 20. Payment only in December is illegal.
If the company opts for division, the second installment must be credited to the worker's account by December 20.
Payment made in a single installment only in December is illegal.
Therefore, the worker who did not receive the first installment by the deadline can take the following actions:
Contact the company’s human resources or finance department to notify the issue and demand the payment of the overdue amounts.
If no agreement is reached, file complaints through the website of the Labor Inspection Secretariat: https://denuncia.sit.trabalho.gov.br/. The worker must have access to the "gov.br" system, meaning they must have a federal government single login. Upon entering the site, the CPF and password must be entered to access the labor complaint form.
Seek assistance from the union representing their category to formalize the complaint.
File a complaint with the Public Ministry of Labor (MPT).
As a last resort, demand payment in a potential labor lawsuit.
Penalties
If the employer does not respect the payment deadline or fails to pay the due amount, they may be fined by a labor inspector during an inspection. This will result in a fine of R$ 170.25 per employee, which doubles in case of recurrence.
Additionally, it is necessary to verify whether the collective bargaining agreement of the category requires that the overdue 13th salary be paid with correction.
Can the company claim the economic crisis as an excuse for not paying the benefit? According to labor lawyers, there is no legal provision for failing to pay the 13th salary to workers.
Basis for Payment is December
The 13th salary is paid based on the December salary, except for employees who receive variable salaries, such as commissions or percentages — in such cases, the 13th should reflect the annual average of the amounts.
Income tax and the INSS contribution apply to the 13th salary. Deductions occur only on the second installment, based on the full value of the benefit. Meanwhile, the FGTS is paid on both the first and second installments.
The first part represents half of the salary the employee earns. Those who requested an advance of the 13th during vacation are entitled only to the second installment.
Who is Entitled?
Every worker under the Consolidation of Labor Laws (CLT) who worked for 15 days or more during the year and was not dismissed for cause is entitled to the bonus.
See the list below of who is entitled:
Workers with formal contracts and public servants, as guaranteed by the Federal Constitution.
Retirees and pensioners of the National Social Security Institute (INSS). This year, the federal government advanced payments for both groups, who received them in May and June.
Pensioners.
Rural workers.
Freelance workers (those providing services without an employment relationship, through union intermediation).
Domestic workers.
For interns, since they are not governed by the CLT and are not considered employees, law 11.788/08, which regulates this type of work, does not require the payment of a 13th salary.
Translated by artificial intelligence
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