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With November Approaching, Workers Want to Know Exactly When They Will Receive Each Installment of the 13th Salary for 2025, How Anticipation Works Due to Weekends and Who Really Has Right to Proportional Payment
With the arrival of November, the first questions about the payment of the 13th salary begin.
It is in this month that the first installment should be deposited, and many workers want to know when the company needs to pay, if the amount can be divided, how the proportional calculation works, and who really has the right to the benefit.
Who Has Right to the 13th Salary
The most frequent question is about the right to the benefit. To receive the 13th salary, it is necessary to have worked as an employee for at least 15 days in any month of 2025.
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This rule includes those who joined the company at any point in the year, even in the final months.
If a worker started their activities, for example, on December 15, they are already entitled to a proportional amount.
The total received directly depends on the time worked. Those who worked for the entire year receive the full 13th salary. Those who worked for six months receive half.
Those who worked for only one month and completed at least 15 days receive an amount corresponding only to that period.
The logic is simple because the 13th salary is divided into 12 equal parts throughout the year. Each month worked for at least 15 days counts as one of those parts.
Payment Dates and Need for Anticipation
Another point that raises questions is the payment deadline. The 13th salary can be divided into two installments. The first must be paid by November 30.
The second needs to be deposited by December 20. However, in 2025, these dates fall on days that require special attention.
November 30 falls on a Sunday, and December 20 falls on a Saturday. When this happens, the company must anticipate the payment to the last business day prior. If the establishment does not operate on Saturday, the amount must be deposited on Friday.
The rule is clear because payment must occur by the deadline. If the deposit happens afterward, the company violates the legislation.
Therefore, this year is likely to generate questions from workers who find out that the company did not advance the payment as it should have.
How to Calculate the First and Second Installments
The calculation of the 13th salary also generates uncertainty. The first installment tends to be the largest because it is not subject to income tax or INSS deductions.
This amount corresponds exactly to half of the worker’s gross salary. If an employee earns R$ 2,000 per month, the first installment of the 13th will be R$ 1,000.
The second installment comes smaller because it incurs all mandatory deductions. This is where the amounts related to the INSS and income tax, when applicable, come into play. Therefore, the division between a larger installment in November and a smaller one in December happens every year.
Those who did not work the entire year also follow this proportional rule. If a person worked for six months, with a salary of R$ 2,000, the total of the 13th will be R$ 1,000.
The first installment will be R$ 500. The second installment will come with the remaining proportional amount and the expected deductions.
Workers Without Registration and Receipt of the 13th
There are many situations where a worker acts exactly like an employee, with hours, routine, supervision, and permanent functions, but without formal registration. At the end of the year, registered colleagues receive the 13th salary, and these workers are left without the benefit. Nevertheless, the right to the 13th exists, provided that the person performs typical employee activities.
The difference is that, without registration, the company will hardly make the payment on its own. The worker who wishes to secure the amount must resort to legal action to claim the rights for the period worked. The amount is due because the employment relationship existed, but without registration, the recognition depends on a decision in court.
Situation of Dismissed Workers
Another very common question is about those who are away at the time of payment. Dismissed workers can indeed receive the 13th salary. In this case, payment usually occurs through the INSS itself. The method of payment depends on the specific situation of the dismissal, but the right exists in the same way.
How the Calculation Base Works When Salary Varies
Many workers receive different amounts every month due to overtime, commissions, or variations in activities. In these situations, the question is what amount the company should consider when calculating the 13th.
The calculation takes into account the gross salary and must include the average of variations over the last 12 or 11 months, depending on the period worked. If the worker receives overtime every month, those amounts are included in the calculation. If they receive commissions, those must also be included.
Since there is variation, the company should calculate the average of those amounts over the year to then find the correct base for the 13th salary. The payment must exactly reflect this average, without excluding any amount that is part of the variable remuneration.
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