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Lawyers Explain The Difference Between Permitted Advances And The Illegal Practice Of Dividing Salaries Into Installments.
The CLT determines full payment of salaries by the fifth working day of the following month. This means that the company has a fixed deadline to pay the entire compensation, without the possibility of installment payments. What the law allows is salary advancement, but this mechanism cannot be confused with dividing into parts, a practice considered illegal.
According to experts from the law firm Valentim & Astolpho Advocacia, the confusion between advances and installments still raises doubts among workers and employers.
For Labor Justice, delaying or fractioning payment is a serious violation that can even justify an indirect dismissal of the contract.
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What The CLT Determines About Payment
The Consolidation of Labor Laws (CLT), in its Article 459, establishes that salaries must be paid by the fifth working day of the month following the work performed.
There is no legal provision for dividing remuneration on multiple dates, a practice that compromises the financial security of the worker.
The lawyer Cia Estofo, a partner at Valentim & Astolpho Advocacia, explains that many companies try to justify fractional payments as “advances.”
However, the law makes a clear distinction: an advance is a partial payment authorized in the contract, while installment payments are disguised delays, as they prevent full payment within the legal deadline.
When Is The Advance Permitted
Salary advancement is legal and can be agreed upon by the parties. It consists of paying a portion of the salary before the end of the month and settling the remainder by the fifth working day.
Thus, there is no detriment to the worker, as full payment occurs within the CLT deadline.
A practical example is when the contract stipulates payment of 40% of the salary on the 20th and the remainder on the fifth working day of the following month.
This practice is valid because it ensures total payment within the legal limit. In contrast, dividing the salary into three or four installments throughout the month represents non-compliance with the law.
What Are The Risks For The Employer
The illegal installment of salaries is considered a serious violation. If it is recurrent, the worker may file a labor lawsuit requesting indirect dismissal of the contract, a type of “just cause in reverse.”
This obligates the employer to pay all dismissal payments, as if they had terminated the employee without just cause.
Furthermore, the company may be sentenced to compensate for moral damages, especially if the delay or fragmentation causes concrete harms, such as rental delays, bank debts, or credit restrictions.
Deposit slips, bank statements, and receipts for unpaid expenses are essential evidence in these cases.
What The Worker Should Do
In the face of salary installment payments, the first recommended measure is to try to resolve the situation directly with the Human Resources department.
If the problem persists, the advice is to seek Labor Justice, gathering documents that prove the delays and any eventual damages.
According to Valentim & Astolpho Advocacia, the history of fractional payments is sufficient to demonstrate non-compliance with the law.
If there are additional damages, such as the risk of eviction or inability to cover medical expenses, this may increase the employer’s liability.
Impact On The Labor Market
The practice of dividing salaries, although illegal, still occurs in companies facing financial difficulties. Experts emphasize that, in addition to harming the worker, this behavior undermines the trust relationship between employee and employer.
In the long term, it can lead to turnover, increased labor liabilities, and even business closures.
Respecting the CLT mandates full payment and preserves not only individual rights but also the financial health of companies, which avoid lawsuits and compensations.
The balance between predictability for the employee and responsibility for the employer is the foundation of the employment contract.
The CLT mandates full payment by the fifth working day, without the possibility of installment payments.
Advancements are legal, but must be stipulated in a contract and cannot be confused with delays. In case of non-compliance, the worker has legal support to seek their rights.
And you, have you ever experienced a situation of salary installment? Do you think the law is sufficient to protect workers or should it be stricter with companies that violate it?
Leave your opinion in the comments, we want to hear from those who live this in practice.
Sim prejudica e muito,e o pior que o empregador se sente na razão.nao paga FGTS,atrasa férias e 13 terceiro e atrasa salario,se entrar com indireta,como sobreviver