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Quickly Understand What Changes in the Benefit and Learn How Payment Works in 2025
The thirteenth salary, created in 1962 and provided for in the Federal Constitution, remains a fundamental right and continues to be supported, in 2025, by detailed rules that ensure full or proportional payment. The Ministry of Labor and Employment (MTE) reiterates, throughout 2024 and 2025, that all formal employees have this right, which requires attention to official deadlines. Labor Auditor Dercylete Loureiro clarifies that the calculation considers the time actually worked, while periods equal to or greater than fifteen days count as a complete month.
Right Guaranteed Based on the Constitution
The MTE explains that the thirteenth salary remains mandatory, therefore, all signed employees are entitled to the benefit. Full payment is due when the worker has worked throughout the year. Proportional payment is calculated according to the number of months worked. Thus, an employee hired until January 15, 2025 is entitled to the full amount. A worker hired on May 10, 2025 receives 8/12. This rule, applied since the creation of the benefit in 1962, provides predictability for the worker.
How the Two Installments of the Thirteenth Salary Work
The legislation requires that payment occurs in two installments, therefore, the first must be paid by November 30. It corresponds to half of the salary received in the previous month, usually October. The second installment, always paid by December 20, complements the total amount owed and concludes the annual process. This division, continuously applied by the MTE, organizes the financial flow of companies and protects the worker.
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Specific Rules for Variable Compensation
For professionals with variable compensation, such as salespeople with commissions or bonuses, the calculation requires additional steps. The first installment uses the salary average between January and November and must be paid by November 30. The second installment complements the amounts up to 11/12, with mandatory payment by December 20. The final adjustment, calculated after the payroll closing, occurs by January 10 of the following year and considers the average salary for the 12 months. If there are still pending variable amounts in December, the employer must recalculate the thirteenth salary after closing, correcting differences as determined by the MTE. Thus, commissions received at the end of December or overtime worked in the last week of the month are adjusted exactly after the final processing.
Inspection, Guidance, and Guarantees for the Worker
Lastly, the thirteenth salary remains a fundamental right that recognizes the worker’s effort throughout each year. Therefore, the MTE guides employers, inspects payments, and acts when irregularities arise. Thus, in case of doubts or signs of non-compliance, the worker can contact the Regional Superintendence of Labor or file complaints through the ministry’s official channels, which operate continuously to ensure that payments occur correctly.
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