[ad_1]
Time to receive 13th salary – According to the law, the first installment must be paid on November 30 and the rest of the benefit before December 20.
But amid the pandemic, with authorization from the National Congress to suspend contracts, cut hours and reduce wages, now what? Will the payment of the 13th be paid in full? Yes and no.
The federal government says yes for those who have had pay cuts. The same does not happen with those who have a suspended contract.
The Special Secretariat for Social Security and Labor issued a technical note on Thursday (17), clarifying the controversy, generated by a failure of the National Congress.
The federal government advises employers, in this technical note, that the value of the thirteenth salary and holidays of workers who have partially reduced working hours and wages must pay their dues on the basis of full pay.
The same, however, according to the government, does not apply to those who had the contract suspended.
Suspended contract
However, whoever had the suspended contract, will suffer with the reduction of the benefit according to the time they were without work.
For the administrator Mário Avelino, a specialist for more than three decades FGTS and rights of workers, author of books and creator of the domestic legal website, in this specific case the worker must, in view of the crisis and the more than 12 million unemployed, make a different account so as not to be resentful of the loss.
“His contract was suspended, it is a fact, but he can stay home to protect himself from the epidemic. He had emergency assistance, in addition to job security for each month of suspension and, in addition, he did not lose his salary, “argued the administrator.
Impaired sight
For contracts suspended within the scope of the emergency benefit, periods of suspension should not be counted as seniority in service and to calculate the 13th and vacation.
The exception is for cases in which employees have worked more than 15 days in the month, which are already provided for in current legislation.
The differentiation occurs because in the reduction of working hours, the employee continues to receive a salary, without affecting his time of service in the company, which allows the work period to be calculated for all legal purposes.
Domestic employee
In the case of domestic workers, there is a bureaucratic issue to resolve in e-Social so that they do not suffer cuts on the 13th.
E-Social does not calculate this amount automatically and the employer must make the entry manually.
To do the calculation, the website domesticticalegal.com.br offers free step by step.
Holidays and duration of service
Avelino also points out that, with the suspension of employment contracts and, consequently, the non-payment of wages, the leave period is not considered not only for the payment of the 13th, but also for the computation of seniority, affecting thus the calculation of holidays and 13.
For those whose wages are cut, this rule does not apply. The government guarantees that the holidays, as well as the 13th, must be taken in full.
Congress failure
All this mess, which required a technical note from the government, is related to the omission of the National Congress to sanction Law 14.020 / 2020, which approved Provisional Measure 936/2020, without defining what payment 13 would be like for employees who signed a suspension temporary contract and / or reduction of working hours and wages.
