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Legal Deadline Set By CLT Ends On The Fifth Business Day; Delay Generates Monetary Correction, Can Result In Fines And Even In Indirect Dismissal.
The payment of salary for September 2025 will only be considered on time if it reaches the account by Friday, September 5, warns labor lawyer Alexandre Ferreira (@alexandreferreira_adv). The rule follows Article 459 of the CLT, which stipulates that the monthly salary must be paid by the fifth business day of the following month.
The count includes Saturdays as business days but excludes Sundays and holidays, according to Normative Instruction No. 01/1989 from the Ministry of Labor.
Therefore, this month, the business days go from September 1 to 5. If the salary is not deposited by that date, there is already a legal delay starting the next day.
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What Does The Law Say About The Salary Deadline?
The Consolidation of Labor Laws (CLT), in effect since 1943, establishes that payment must occur by the fifth business day. For September 2025, the calendar is as follows:
- 1st business day: Monday, 1/9
- 2nd business day: Tuesday, 2/9
- 3rd business day: Wednesday, 3/9
- 4th business day: Thursday, 4/9
- 5th business day: Friday, 5/9
Therefore, Friday (5/9) is the legal deadline. From Saturday (6/9) onwards, any payment will be considered delayed.
According to Alexandre Ferreira, many companies get confused by believing that Saturday does not count as a business day, but in the labor sphere it is valid, even without banking hours.
This is one of the most common questions among employees and employers.
What Are The Consequences For The Company That Delays Salary?
The delay does not generate an immediate fine provided for in the CLT, but there is consolidated jurisprudence in the Superior Labor Court (TST).
Summary 381 provides for monetary correction starting from the first day of the following month, while Normative Precedent No. 72 establishes a fine of 10% for delays of up to 20 days, plus 5% per day after that period.
Furthermore, if the delay is recurrent, it may constitute indirect dismissal, as provided in Article 483, letter “d”, of the CLT.
In this case, the worker can terminate the contract and receive all rights as if they were dismissed without cause, including notice, withdrawal from FGTS, and severance pay.
What Can The Worker Do In Case Of Delay?
According to Alexandre Ferreira, the first step is to contact the company’s Human Resources department to understand the reason for the delay.
If there is no solution, the employee can contact the union of the category, file a complaint with the Ministry of Labor and Employment (MTE), or file a lawsuit in the Labor Court.
These measures ensure that the worker is not left without support and reinforce the company’s responsibility to meet deadlines.
Ignoring delays can mean significant financial losses over time.
Why Respecting The Deadline Is Essential?
The salary is the main source of sustenance for most Brazilians.
Any delay directly impacts the payment of bills, financial organization, and even the emotional health of the worker. Therefore, the legislation is strict regarding the deadline.
According to Alexandre Ferreira, respecting the fifth business day is a matter of social justice and trust in the relationship between employer and employee.
When the company meets the deadline, it ensures predictability and avoids labor liabilities.
The message for September 2025 is clear: the salary must be paid by Friday, 5/9. After this date, the amount is already considered delayed, subject to corrections, fines, and even the possibility of indirect dismissal.
And You, Have You Ever Faced A Delay In Your Salary Payment? Do You Believe That The Fines Imposed On Companies Are Sufficient To Avoid This Problem? Leave Your Opinion In The Comments – We Want To Hear From Those Who Live This Experience.
A empresa que trabalho, não respeita o quinto dia útil a anos, quando reclamo, eles simplesmente ignoram.
Meu holerite então ja fazais de seis meses que não vejo.