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The Deadline for the First Installment Ended on November 28 and Payment in a Single Installment Is Only Legal Until That Date; Late Payment May Generate Automatic Fines for the Employer.
The deadline for payment of the first installment, or the single installment, of the 13th salary ended last Friday (28). All formal workers, as well as retirees and pensioners of the INSS, were entitled to receive this payment by the end of November. Payments made only in December, in the case of a single installment, are considered illegal.
According to the Ministry of Labor and Employment (MTE), companies that did not deposit the amount on time may be fined. The penalty starts at R$ 170.25 per employee, and may double in case of recurrence. Still, the agency emphasizes that the economic crisis is not a valid justification for delaying the benefit.
What to Do if the 13th Salary Has Not Been Paid?
Those who have not received their 13th salary should first contact the Human Resources or finance department of the company to request payment. If there is no response or solution, there are official channels to report the delay:
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• Labor Inspection Secretary, through the website https://denuncia.sit.trabalho.gov.br/, using government login to fill out the labor complaint form.
• Category Union, which can assist in notification and mediation.
• Public Labor Ministry (MPT), for individual or collective complaints.
• Labor Court, as a last resort, it is possible to file a labor lawsuit to claim the owed amount.
The guidance is to gather documents such as pay stubs, contracts, and proof of employment to facilitate the case analysis.
How Is the 13th Salary Calculated?
The 13th salary is based on December’s salary, except for workers with variable salaries — in these cases, the company must calculate the annual average. Each month worked corresponds to 1/12 of the salary, including those who started in the middle of the year. Deductions for income tax and INSS occur only in the second installment.
Who Is Entitled to the Benefit?
Those entitled to the 13th salary include:
- formal workers;
- public servants;
- retirees and pensioners of the INSS;
- rural workers;
- occasional workers;
- domestic employees.
Interns, as they are not governed by the CLT, are not entitled to the benefit.
When Is the Second Installment Due?
The second half of the 13th salary must be paid by December 19, already with deductions for INSS and Income Tax. The legal deadline is December 20, but since that date falls on a Saturday in 2025, payment needs to be advanced.
In case of delay in the second installment, the procedure is the same: internal collection and, if necessary, reporting to the supervisory agencies.
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