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The Special Secretariat of Social Security and Labor confirmed this week how the payment of the 13th salary and vacations for workers who had days and wages partially reduced. According to the portfolio, the amounts will be paid taking into account the gross compensation of the worker.
In particular, the rule must be observed, mainly, in cases where workers are practicing reduced hours in December. Suspension periods will not be taken into account as seniority and for the calculation of the 13th and holidays, in the case of suspended contracts.
However, it should be noted that there are exceptions in situations in which workers have performed their duties for more than 15 days during the month, since current legislation favors the worker.
Job maintenance benefit
The pay rules are in a government technical note on what employers should consider when calculating the thirteenth salary amounts and vacation allowances for workers whose contract has been suspended or their hours partially reduced. of work with the assistance of BEm.
The folder made it clear that the differentiation of calculation formulas is due to the reduction in working hours. That is, the worker continues to receive his salary, without affecting his time of service in the company, which allows him to compute the period he worked for all legal purposes, such as social security.
However, with the suspension of labor contracts, the company does not pay wages. Therefore, the period of absence is not considered to count the length of service. In this way, the vacation calculations and the 13th salary are affected.
Payment of the thirteenth salary
The payment of the first installment of the 13th salary must be made until November 30. As the payment approached, the discussion began on the possibility of payment proportional to the salary received by the employee in the months in which there was a reduction in remuneration or suspension of the contract.
As determined by law, in the hypothesis of reduction of hours and wages (25%, 50% or 70%) closing the account of how much will be owed to workers is not an easy task.
Currently, companies that have been affected by the crisis are analyzing the payment of the thirteenth salary with an amount proportional to the reduced salary. However, it is still something that can generate costs with future labor lawsuits. Until then, this action has never been processed.
The payment of the thirteenth salary, for FecomercioSP, must be proportional. In the opinion of the entity, making the full payment would be equivalent to ignoring the difficulty of companies that used to suspend or reduce their working hours and wages during the Covid-19 pandemic.
“They only used these instruments because of the crisis that forced them to keep the doors closed,” says FecomercioSP.
See also: SEE how much to receive from the thirteenth salary in 2020; check calculations
