The thirteenth salary: How and for how long can I obtain it by law?

Many workers are unaware of the dates stipulated by law for payment of thirteenth salary installments, which is a guaranteed benefit for all registered workers at the end of the year.

What to do if the thirteenth salary is not paid?

An employer who does not adhere to the deadlines established by law for the payment of the thirteenth salary is subject to fines and penalties from the Labor Court.

Created in 1962, the 13th salary is overtime pay and can be divided into two installments: one in November and the other in December. To calculate the amount to be received, the worker must divide the full salary by 12 and multiply the result by the number of months worked.

What is included in the thirteenth salary calculation

It is important to emphasize that the thirteenth calculation must take into account the salary for the month of December of the current year or, in the case of termination of the contract, the salary for the month of termination. This calculation must be made in full, without deductions or advances, including salary premiums such as overtime, extra hours (night shifts, unhealthy work, hazardous work) and commissions.

What is the last date for disbursing the thirteenth salary?

Payment dates for the 13th salary are to be determined: The first installment of the 13th salary for 2023 must be paid by November 30. If the worker prefers, he can also receive the first installment with his vacation, but it is necessary to inform the company of this option by January of the same year.

The second installment must be paid by December 20, ensuring workers receive this extra amount before the end-of-year celebrations.

In cases of termination of the employment contract due to termination or resignation, the worker may receive the thirteenth salary in advance. However, those who were dismissed for good cause are not entitled to this bonus.