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With Anticipated 13th Salary, Guide Shows Payment Dates for the 13th Salary, Explains the Calculation of the 13th Salary Step by Step, Clarifies Proportional 13th Salary on Recent Dismissals or Hires, and Guides Workers on Their Rights in Case of Delay in 13th Salary Payment by the Company According to Current Labor Legislation.
The payment of the 13th salary has been anticipated this year, and many people still do not understand how this affects the payment dates for the 13th salary or how to check if the amount is correct in their accounts. Although it is known as extra salary, the 13th salary follows strict rules for calculation, deadlines, and rights defined by law.
In this report, you will understand the calculation of the 13th salary, see in detail the payment dates for the 13th salary, clarify doubts about proportional 13th salary in cases of recent dismissal or hiring, and learn about your rights in the event of a possible delay in 13th salary payment by the company.
What Changes in the Payment of the 13th Salary This Year
This year, the deadline for the first installment and the single installment of the 13th salary has been anticipated to Friday, November 28, 2025, because the official date of November 30 falls on a Sunday.
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In practice, this means that by this Friday, all companies must complete payment of the first part or the 13th salary in a single installment for those entitled, following the payment dates for the 13th salary established in the legislation.
The second installment of the 13th salary continues to have the same legal deadline as every year and must be paid by December 20, already with INSS and Income Tax deductions applied. This calendar is part of the payment dates for the 13th salary defined by labor law.
Who Is Entitled to the 13th Salary
All workers hired under the CLT regime, including urban, rural, domestic, and freelance employees, as well as retirees and pensioners from INSS, are entitled to 13th salary, according to rules already established in Brazilian legislation.
Even those who have not completed a full year in the company can receive the 13th salary, provided they have worked for at least 15 days in a given month, which counts towards the benefit calculation.
The number of months considered in the calculation of the 13th salary increases with the length of service, directly influencing the final amount and also the payment dates for the 13th salary throughout the year.
How to Calculate the 13th Salary in Practice
The calculation of the 13th salary is proportional to the time worked each year and always starts from the gross salary of the employee. To arrive at the total amount, the gross salary is divided by 12 and multiplied by the number of months in which the worker had at least 15 registered days that year.
The calculation of the 13th salary includes the base salary and additional amounts such as health hazards, danger pay, night shift bonus, overtime, and average commissions, when applicable. Benefits such as transportation vouchers and meal assistance, of an indemnity nature, are not included in the calculation of the 13th salary, which often generates many doubts.
In general, the first installment corresponds to half of the assessed amount, without INSS and Income Tax deductions, while the second installment of the 13th salary comes with mandatory deductions, completing the total benefit as per the payment dates for the 13th salary.
Payment Dates for the 13th Salary and Allowed Anticipations
The legislation stipulates that the first installment of the 13th salary must be paid by November 30 each year, and the second, by December 20.
In 2025, since the 30th falls on a Sunday, the payment dates for the 13th salary have been adjusted to ensure that the money is credited by Friday, November 28.
Some companies choose to pay the first installment of the 13th salary along with the worker’s vacation, provided he/she has requested this anticipation by January of the same year, which also alters the payment dates for the 13th salary without violating the maximum legal deadline.
What the legislation does not allow is dividing the 13th salary into more than two installments, even if the company claims cash flow difficulties.
Apart from the authorized anticipation, any form of installment different from the payment dates for the 13th salary outlined in the law can be contested by workers.
How Proportional 13th Salary Works in Case of Dismissal or Admission
When an employee is dismissed without cause or resigns during the year, he/she remains entitled to the proportional 13th salary, calculated based on the months in which he/she worked at least 15 days under that contract.
In these cases, the calculation of the proportional 13th salary follows the same logic as the regular calculation of the 13th salary, considering the gross salary, due additional amounts, and the total months computed, but payment is usually made along with termination payments.
Those dismissed for cause lose the right to the proportional 13th salary, making it important to understand the type of termination recorded in the termination agreement.
If there are doubts, the worker can seek legal guidance or contact their union.
Who Does Not Receive 13th Salary and What Exceptions Exist
Not everyone who works receives 13th salary. Interns, for example, do not have the right to this benefit, because internships are governed by specific law and do not constitute a formal employment relationship.
Self-employed individuals, service providers contracted as legal entities, and professionals working without a formal registration also do not receive 13th salary, as there is no employment relationship governed by the CLT.
Temporary workers hired under their own legal framework are entitled to proportional 13th salary, just like any CLT employee who has worked at least 15 days in a month within the year.
What to Do in Case of Delay in 13th Salary Payment
If there is a delay in the payment of the 13th salary, the worker can report the company to the Regional Labor Superintendence, the body responsible for overseeing compliance with labor legislation.
The delay in 13th salary payment can result in fines for the employer, applied to the amount due, in addition to other consequences in future inspections, which often encourages rapid regularization of outstanding payments.
If the delay in 13th salary payment persists even after internal requests, a formal report becomes the safest path, especially when the company does not provide a concrete forecast for regularizing the payment dates for the 13th salary in delay.
Thinking about your finances and the impact of the 13th salary on your budget, do you plan to use this money to pay off debts, build a reserve, or take advantage of it for some other specific plan this year-end?
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