11/18/2023 – 9:00
The deadline for payment of the thirteenth salary, provided for in the CLT, is November 30th. Around 87.7 million Brazilians will benefit from additional income, on average, of R$3,057, according to an estimate by the Inter-Union Department of Statistics and Socioeconomic Studies (Dieese).
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For each month worked, the employee is entitled to 1/12 of the salary for the year. In this way, the tenth third is equal to the same value as the employee’s monthly salary, if the contract is for at least 12 months.
When should payments occur?
Payment can be made in a single installment, but for better organization, it is common for companies to choose to divide it into two installments. Thus, when the amounts are divided into two installments, the first must be paid between February 1st and November 30th, equivalent to half of the worker’s salary from the previous month.
“Just divide the amount by two to check the payment amount. Remembering that this stage does not include discounts”, advises Thaís Ribeiro Niedzwiecki, from Comthá Contábil.
The deadline for the second installment of the labor benefit is December 20th, with this month’s remuneration, added to the average additional payments received by the worker during the year, including commissions, night shift benefits or overtime.
What if the company delays payment?
If, for any reason, the company delays or fails to pay the tenth third, is subject to an administrative fine from the federal government. The fine to be paid is R$170.25 per employee and, if there is a repeat offense, the amount will be doubled.
“The guideline is for workers to seek clarification within the company itself, and, if their problem is not resolved, they can seek help from a labor lawyer (including to propose legal action or agreement), their union or even the Ministry of Labor ”, says Karolen Beber, coordinator of the labor area at Natal & Manssur Advogados.
If the company does not respond to the employee’s question in time, the employee can now seek help from an employment lawyer.
The impact on the economy
Until December 2023, the payment of the 13th salary has the potential to inject around R$291 billion into the Brazilian economy. This amount represents approximately 2.7% of the country’s Gross Domestic Product (GDP) and will be paid to workers in the formal market, including domestic employees; to Social Security beneficiaries and retirees and pension beneficiaries from the Union, states and municipalities. Around 87.7 million Brazilians will benefit from additional income, on average, of R$3,057. The estimates are from Dieese.
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