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The Ministry of Labor published this Tuesday 17, Technical Note No. 51520/2020 / ME to clarify procedures on vacation pay and 13th salary.
Due to Law 14.020 / 2020, several workers had reduced their wages and / or suspended their contracts. The measure impacts bonuses such as vacations and 13th salary.
Understand point by point what changes according to the guidance of the Federal Government.
13th for suspended contracts
Payment of the 13th salary for suspended contracts must be proportional to the period worked.
Therefore, if the employee does not work 15 days or more, he will not have the right to the corresponding grandfather. If the employee had a suspended contract for 4 months, he will have 8/12, for example.
13 for reduced contracts
On the other hand, nothing changes for low-wage workers.
Regardless of the percentage or having a reduced contract in December, the tenth must be paid in full.
Holidays for suspended contracts
The period of suspension does not count towards the duration of service. Therefore, it is not considered for the acquisition of vacations. The employee will complete the acquisition period when he reaches 12 months worked.
Holidays for reduced contracts
There are no impacts of the reduction on holidays. The contract is in force, so the concession and concession periods are counted. Vacation must be paid on the basis of remuneration at the time of award.
Full salary
The standard clarifies the rights of employees. However, if the employer chooses to pay the 13th salary in full and considers the length of service for vacation purposes to be the period the employee has been suspended, there is no impediment.
If the collective rule provides for this provision, to benefit the employee, the clause is valid and must be followed.
See the full tech note.
With information from EB Treinamentos
