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Employers across the country must payment of the 2nd installment of the thirteenth salary until today, Friday, Dec. 18. Due to the pandemic, Law 14,020 was enacted and, according to the text, salary 13 won new rules and some workers may receive a lower amount this December.
According to the text of the law, “the measures of the Emergency Employment and Income Maintenance Program are: I – payment of the Emergency Employment and Income Maintenance Benefit; II – the proportional reduction of working hours and wages; III – and the temporary suspension of the employment contract ”.
Therefore, the employer is likely to suspend the employment contract for up to 6 months or shorten the worker’s time by 25, 50 or 70%.
The extra salary thus gained new rules for this year. Therefore, the number of months the employee has worked less than 15 days will be influenced by the decrease in the benefit amount.
Due to the pandemic, exceptionally in 2020, INSS retirees and pensioners received the amount of the thirteenth anticipated salary, as follows:
- 1st term: between April 24 and May 8;
- 2nd installment: between May 25 and June 5.
Examples of Thirteenth Salary Pay Calculations in 2020
If he worked a few months, the worker will be entitled to the proportional amount. See the examples below, confirmed by the UOL portal.
He worked all year and earns a salary of R $ 1,900:
- R $ 1,900 ÷ 12 (months of the year) = R $ 158.33
- R $ 158.33 x 12 (months worked): R $ 1,900
- Amount of the 1st installment: R $ 1,900 x 50% = R $ 950
He worked four months and earns a salary of R $ 1,900:
- R $ 1,900 ÷ 12 (months of the year) = R $ 158.33
- R $ 158.33 x 4 (months worked) = R $ 633.32
- Amount 1st installment: R $ 633.32 x 50% = R $ 316.66
In addition, it is worth mentioning that the payment of the first installment of the thirteenth salary together with the vacations from the job may be made by the company, provided that this request has been made by the worker.
13th salary of those who receive commission
Commissioned workers, what is it like?
In this case, the value of the thirteenth salary is calculated taking into account the average of the amounts received in the period from January to October (for the first installment) and from January to November (for the second installment).
If the commissions occur in December, the difference of the thirteenth salary will be recalculated and can be paid until the fifth business day of January of the following year.
That does not have a fixed schedule
In the case of the intermittent worker, a modality created by the labor reform, the value of 13 is paid proportionally at the end of each provision of the service, together with the proportional salary and vacations. In this specific case, the extra amount will not be paid at the end of the year.
Example
If the position works at least 15 days a month for the same employer, with a salary of R $ 2,000, the 13th is proportional to that month worked. See:
- R $ 2,000 ÷ 12 (months of the year) = R $ 166.67
- R $ 166.67 x 1 (month worked) = R $ 166.67
- 13th proportional amount: R $ 166.67 (one month worked).
See also: SAIU! Aid deposit schedule of R $ 300 and R $ 600 published until December 29
