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Did Not Receive The First Installment Of The 13th Salary By The Legal Deadline? Understand Your Rights, Deadlines, And How To Act — Check Out The Step-By-Step Guide And Avoid Losing The Benefit.
If you have not yet received the first installment of the 13th salary, pay attention: the payment should have been made by November 28 — the maximum deadline according to the law. Moreover, the benefit is a right guaranteed to those who worked during the year.
Therefore, it is important to know what to do to demand this payment and ensure what is rightfully yours.
Why The 13th Salary Exists And Who Is Entitled To The Benefit
Created to reinforce the worker’s income at the end of the year, the 13th salary was established by Law 4.090/1962 as a mandatory annual bonus.
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In practice, the amount corresponds to at least one-twelfth of the salary for each month worked, functioning as extra remuneration that helps balance the budget during a period with many expenses.
Those entitled to the 13th salary are employees with a formal contract, as provided for by the Consolidation of Labor Laws (CLT).
Additionally, the benefit also applies to rural workers, urban workers, and domestic employees who have an active employment relationship.
How The Payment Works — Deadlines And Values Of The 13th Salary
By law, the payment of the 13th salary must follow defined deadlines:
- First Installment: corresponding to 50% of the gross salary (without deductions). It must be paid between February and November 30. In 2025, the deadline was brought forward to November 28, as the 30th falls on a Sunday.
- Second Installment: complements the amount until it corresponds to the total due and is usually paid by December 20.
For workers with variable remuneration — such as commissions, overtime, or bonuses — the calculation of the installment takes into account the average salary of the months worked, which can change the amount received.
What To Check If You Did Not Receive The First Installment Of The 13th Salary
Before taking any measures, it is worth checking:
If your employment contract is signed and if you worked enough days to be entitled.
If the payment was not made in advance — some companies pay the 13th salary together with vacations, for example.
If the deposit was made and you, for some reason, did not see it: check pay stubs, payment receipts, or bank statements.
If there is still no sign of the 13th salary, then the employer may be in violation of the law.
Steps To Follow When The 13th Salary Is Not Paid
If the company has not made the payment, these are the recommended measures:
Contact the human resources or finance department of the company and request, in writing, the payment of the installment.
If there is no response or the problem persists, contact your union — they often help formalize the demand.
As an alternative, one can contact the Ministry of Labor and Employment (MTE) to report the irregularity.
As a last resort, the worker can take legal action to demand payment.
These paths help ensure that your rights are respected, especially since the 13th salary is a right enshrined since 1962.
Why It Is Worth Claiming — Importance Of The 13th Salary
The 13th salary represents a financial relief at the end of the year. Many families rely on it to pay extra expenses, settle debts, or buy gifts.
Therefore, not receiving it on time causes real damage.
Additionally, the correct payment of the 13th salary is a legal right and its non-granting constitutes a labor irregularity. Hence, demanding payment is a way to defend your own right.
If you have not yet received the first installment of the 13th salary and you meet the requirements, it is worth claiming — thus, formally, with the company or through legal means.
The 13th salary is not an occasional bonus, but a benefit guaranteed by law.
With information from Valor Investe
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