The deadline for paying the second tranche of the 13th salary is Friday (12/19). The amount paid refers to the gross salary for the month of December, reduced by the advance of the first payment, the contribution to the National Institute of Social Security (INSS) and income tax.
According to estimates from the Inter-Union Department of Statistics and Socio-Economic Studies (Dieese), the Christmas bonus will inject, taking into account the two payments, approximately 369.4 billion reais into the economy. The additional income is to be paid to 95.3 million Brazilians.
The second installment of the thirteenth must be paid before December 20, i.e. this Saturday. The deadline has therefore been brought forward to this Friday. Created in 1962, the 13th salary is provided for in Laws No. 4.090/62 and No. 4.749/65, in addition to also appearing in the Federal Constitution.
Who is entitled to the 13th salary
All workers with a formal contract, that is to say under the regime provided for by the Consolidation of Labor Laws (CLT), are entitled to the 13th salary. After 15 days of service, they are entitled to compensation. Check who can receive the 13th salary:
- People with a formal contract
- Urban workers
- Rural workers
- Domestic workers
- Casual workers
- Civil servants (it is important to respect a precise timetable)
- Retirees and pensioners of the National Institute of Social Security (INSS)
Who doesn’t have the right
No right to 13th salary: employee dismissed for just cause; temporary workers; legal entities (PJ); self-employed; and interns, since the legislation does not require remuneration.
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According to Dieese’s calculations, 95.3 million Brazilians will be entitled to additional income this year. The average value calculated by the institution is R$3,512.00.
According to Dieese’s calculations, there are 59.5 million workers in the formal market and represent 62.5% of beneficiaries of the 13th salary. The group of formal market workers includes employees in the public and private sectors, who represent 60.9% of the total. Domestic workers represent 1.5% of the total.
The group of retirees and pensioners is made up of 35.7 million people, which represents 37.5% of the total number of people receiving the 13th salary. INSS beneficiaries represent 36.6% of the total and those who belong to the Union’s own regime, 1% of the total.
What to do if the payment does not arrive in your account
If the employer does not pay the 13th salary within the deadline, the worker can follow certain steps:
- Research the financial sector responsible for payment, such as human resources or the employer.
- File a complaint with the Ministry of Labor – via number 158 or the Gov.br portal
- Search the union category
- Activate the labor court
Non-payment of the 13th salary within the legal deadline may result in an administrative fine for the employer, applied by the labor inspectorate, in addition to the sanctions provided for by collective agreements.
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