Every worker hired with a formal contract is entitled to receive the 13th salary. Therefore, it is important that the businessman schedules to make this mandatory payment to his employees who worked at least 15 days in a year.
Should any unforeseen occur, a loan to pay 13th salary can be a good measure to remove all the obligations. That’s because not making the payment can be very expensive. In addition to a fine imposed by the Ministry of Labor, the company can respond to a lawsuit at the Labor Court and bear attorney’s fees and interest.
And attention, the company can not claim financial difficulties for non-payment, even if it is in financial recovery. It is also not allowed to pay out of time. The first half must be done between February 1 and November 30. And the rest until December 20.
Doubts about the 13th salary
- How much should I pay?
If the worker is all year in the company, it will be a full compensation. If not, the proportional period.
In the first installment no. In the second, the social security contributions are deducted from the National Security Institute (NSI) and Income Tax, if any.
Employees dismissed without just cause or who have resigned should receive the proportional amount in termination of contract.
- Resignation for just cause
In this case, the employee is not entitled to receive the benefit.
- Medical Leave
There is receipt, but it depends on the period. If it is less than 15 days, the costs are of the company. If greater, the company pays the proportional between the beginning of the year and the first fortnight of the removal. The remaining amounts will be paid.
- Maternity leave or paternity leave
Payment is complete. The leave period should not interfere with the calculation of the 13th salary.
- Domestic servants
They have the right as any registered worker.
It is possible to receive the first half on vacation, but the official must notify the company in January. If you notify later, there is no obligation to pay.
- Temporary worker
Since they are registered, they are entitled to receive the proportional.
Loan to pay 13th salary