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The Delay In Payment Of 13th Salary Within The Legal Deadlines Of November 30 And December 20 Constitutes Labor Noncompliance, May Generate A Fine Equivalent To A Salary, Monetary Correction, Legal Interest And Compensation If There Is Proven Damage To The Worker
The delay in payment of the 13th salary, a right guaranteed by law to formally employed workers in Brazil, constitutes labor noncompliance and may generate fines, monetary correction, and even compensation, affecting financial planning, debt clearance, and year-end expenses.
The 13th salary, also known as Christmas bonus, is a right guaranteed to every formally employed worker in Brazil, functioning as an extra salary paid annually in two mandatory installments as provided by labor legislation.
The amount of the benefit corresponds to a fraction of the employee’s monthly remuneration, calculated according to the months actually worked throughout the year, respecting legal criteria and deadlines defined for each stage of payment.
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The legislation establishes that the first installment of the 13th salary must be paid by November 30, while the second installment needs to be deposited by December 20, dates considered legal limits for compliance with the obligation.
When The Delay Of The 13th Salary Becomes A Legal Problem
When the employer fails to pay the 13th salary within the legal deadlines, labor noncompliance automatically occurs, regardless of justifications such as financial difficulties or internal administrative problems.
This delay can cause direct damage to the worker, especially when the amount was already committed to year-end expenses, bill payments, debt clearance, or family budget organization.
The labor legislation considers the 13th salary as an essential allowance, which reinforces the seriousness of the delay and increases the possibilities of legal action, including the imposition of additional penalties on the employer.
What To Do If The Payment Did Not Arrive
Upon noticing that the 13th salary was not deposited on time, the first recommended step is to seek clarification directly with the employer or the responsible department, such as human resources or finance, to document the attempt to resolve the issue.
If there is no response or immediate regularization, the worker can take formal measures, such as filing a labor lawsuit to recover the owed amount, also requesting interest and monetary correction for the delay period.
Another possibility is to seek additional compensation, provided it is proven that the delay caused concrete financial damages, such as unexpected indebtedness or the inability to meet previously assumed commitments.
Guidelines Published By Specialists
The FLCA Advogados channel published a video on its TikTok account explaining workers’ rights in case of delay in the payment of the 13th salary, highlighting deadlines and penalties provided.
According to the presented guidelines, the delay may generate an automatic fine in favor of the worker, in an amount equivalent to one salary, in addition to the possibility of filing a complaint with the Ministry of Labor and Employment or the workers’ union.
The content also emphasizes the importance of formalizing communication with the company by message or email, creating proof of default, which can be used in any labor lawsuit if the issue persists.
When The Delay May Generate Compensation
The mere delay in payment already guarantees the worker the right to receive the corrected amount, with additional interest, according to the criteria defined by the Labor Court and applicable legislation in the case.
Additional compensation may be granted when there is evidence of actual damages, such as significant financial difficulties, delays in paying essential bills, or direct impact on family sustenance, strengthening the judicial request.
Calculation Of Applicable Values And Penalties
In addition to the full payment of the 13th salary, the employer may be condemned to pay monetary correction, interest for the delay period and, in certain situations, fines provided for in Brazilian labor legislation.
The criteria for calculating these penalties are defined by the Labor Court, considering the length of the delay, the damages caused, and the noncompliance with the legal obligation, concluding the process based on the proven and documented facts.
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