Secure your interest: Do this to get your thirteenth salary

For many Brazilians, the end of the year is synonymous with the expectation of receiving the thirteenth salary. This salary bonus is a guaranteed right to all workers subject to the Consolidated Labor Laws (CLT), providing financial relief at a time of typically high expenses. However, it is not uncommon for some to experience setbacks when obtaining this benefit.

The thirteenth salary can be paid in one installment or in two installments, with the maximum deadline for paying the first installment being November 30, while the second installment must be paid by December 20. However, there are reports of workers who, for various reasons, have not yet received the amount corresponding to the 13th day.

What to do if the thirteenth salary is not paid?

Many employees doubt what actions can be taken in cases of non-payment of the thirteenth salary. The good news is that there are actions that can be started immediately.

First, dialogue with the responsible sector and the employer is essential. If this measure does not have the expected effect, the next option is to collect evidence and documents, such as contracts and registration forms, to file a complaint with the Ministry of Labor or the category union.

What if these steps don’t resolve the situation?

• If all these measures are not enough to resolve the situation, it is necessary to seek legal assistance. Consulting a lawyer who specializes in labor law can clarify more about the worker’s rights and what legal measures can be taken to ensure receipt of the thirteenth day.
• For companies that refuse to organize payment, fines and penalties are imposed in accordance with current labor legislation. Therefore, it is important to remember that monitoring compliance with employment obligations is a shared responsibility of both the employee and the employer.

How is the value of the thirteenth salary determined?

The thirteenth salary is calculated on the basis of 1/12 of the gross salary multiplied by the number of months worked during the year. In the case of installments, in the first installment until November, 50% of the total amount is released, while the second installment paid in December is the remaining 50% with the addition of reference deductions for the National Institute of Social Security (INSS) and income tax.