The Ministry of Labor and Employment (MTE) ensures that employees dismissed by the National Institute of Social Security (INSS) are entitled to the thirteenth salary bonus. Such doubts arise frequently, however, the rights of these workers are well defined by law.
If a worker is furloughed by INSS during the thirteenth pay period, the responsibility for pay falls on INSS itself. However, it should be noted that the period of absence is not taken into account for the purposes of calculating the bonus.
How is the thirteenth salary calculated?
Thus, if a worker is laid off for three months by INSS, for example, he or she will receive 9/12 of the thirteenth value for the nine-month period of employment. Labor lawyer Milson Gurgel explains that a month is only counted as labor when the tenth is counted after 15 days. Therefore, it is necessary to analyze the day of hiring and the day of dismissal.
What about payment dates?
The 13th salary payment dates also follow the established rules. The first installment must be paid by November 30 of the current year and the second installment by December 20, including income tax and INSS deductions.
It is also important to emphasize that in the event of the expiration of the employment contract, the worker is entitled to receive the portion of the thirteenth salary proportional to the period of work. In the event of dismissal for just cause, the employee is not entitled to the benefit.
What is the origin of the thirteenth salary?
The 13th salary, also known as the Christmas bonus, was created in 1962. All contract workers, pensioners, pensioners and civil servants are entitled to this bonus.
It is important to note that the labor reform, which took place in 2017, did not encourage any changes regarding the 13th salary. The benefit remained a non-negotiable and non-derogable right of workers.
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