See what the 13th salary will be like for those who had a salary reduction
Legislation implemented during the pandemic allowed for the suspension of employment contracts or the reduction of working hours and wages, which impacts the worker's 13th-month salary.
Advertisements
The first installment of the Christmas bonus (known as the thirteenth salary) should be paid to formal workers in the private sector in just over a month.
Anyone who has had their contract suspended or their working hours and salary reduced maintains the right to payment, but in some cases, the calculation may be done differently.
There are disagreements today regarding the calculation of the salary bonus for workers who arrive in December with their salary still reduced.
For some experts, the law does not address the issue, so the CLT (Consolidation of Labor Laws) must be applied, which prohibits the reduction of the thirteenth salary.
On the other hand, for others, the amount must be calculated based on the salary for the month of payment.
Therefore, anyone who had their contract reduced in December should receive the bonus calculated based on this amount.
Therefore, this is a subject that has caused a lot of disagreement, not to mention the doubt regarding the inclusion or not of the benefit paid by the government as a supplement to the reduced salary.
The Special Secretariat for Social Security and Labor of the Ministry of Economy reports that the law under which the emergency benefit was created does not change the way labor calculations are made.
However, the Government says it is in contact with the National Treasury Attorney General's Office so that there is uniform guidance on this issue.
Furthermore, the Public Prosecutor's Office is also studying the possibility of issuing, in the coming weeks, a Technical Note on the subject, in order to ensure greater legal certainty.
See an example
If the worker worked 40 hours per week and received a reduction of 25%, he now works 6 hours instead of 8. Therefore, only after 20 days of work will he complete 15 days and 8 hours of work.
Therefore, employees who suffer a reduction of 25% will be able to have the full 12 months of work.
However, the same will not happen to those who had a reduction of 50% or 70%.
In this case, the worker will have the value of the 13th salary affected, whoever had a cut of 8 months of 50% or more will be entitled to 4/12 of the benefit.
