Did the company DELAY your salary? See what to do to demand your rights

Every month, it is the employer’s duty to correctly deliver payment to the employee. If the company delayed your salary, it’s time to take some action.

There’s nothing more stressful than checking your bank account and realizing that your salary hasn’t gone down yet, right? After all, we have bills to pay and commitments to honor.

If you are going through this situation, it is essential to know that the law is on your side. For this reason, check below how to proceed if this happens!

If the company delayed your salary this month, see what alternatives you have to fix the situation. / Credit: @jeanedeoliveirafotografia / pronatec.pro.br

What does the Law say about late wages?

In principle, the Consolidation of Labor Laws (CLT), in its article 459, establishes that salary payment, regardless of the type of work, must not exceed a period of one month, and must be made by the fifth working day of the month subsequent to the due date.

In other words, the CLT is clear: delay in paying wages is not only a lack of consideration for the employee, but also a violation of their rights.

What’s more, the justification of the company’s financial difficulties is not legally accepted to postpone this commitment. This delay is seen as an affront to the principle of human dignity, one of the pillars of our Constitution.

What will happen if the company delays your salary?

In short, late salary generates penalties for the employer. If the delay is less than 20 days, there will be a fine of 10% of the amount due, plus monetary correction.

Beyond 20 days, in addition to the fine and correction, a penalty of 5% is added for each business day of delay.

However, it doesn’t stop there: recurring delays can lead the worker to request indirect termination of the contract, being equated to unfair dismissal, with the right to all severance pay, including FGTS plus 40% and unemployment insurance.

Damage caused by delay

In addition to financial penalties, late wages can cause moral and material damages to the worker.

Having your name negative for not being able to pay your bills or suffering embarrassment are examples of moral damage.

The materials refer to interest and fines for late payment of obligations due to lack of salary.

See more: Minimum wage of R$1,500 for THOUSANDS of workers? Understand the new adjustment

Did the company delay your salary? See your rights

Furthermore, if the company delayed your salary, know that you are not helpless. Brazilian labor legislation offers mechanisms to protect your rights.

In cases of delay, it is important to seek legal advice to understand the best measures to be taken, ensuring that your rights are respected and that you receive what is owed to you.

How is the 13th salary paid?

Now, the 13th salary is a benefit guaranteed to Brazilian workers with a formal contract, established by Law 4,090 of 1962.

Also known as Christmas bonus, it ensures that, for each month worked, the employee is entitled to 1/12 (one twelfth) of their salary at the end of the year.

This benefit can be paid in full until November 30th or divided into two installments, the first between February and November and the second until December 20th.

Who is entitled to payment?

In summary, all those with a registered card are entitled to the 13th, including domestic, rural and urban workers, as well as INSS retirees and pensioners.

The value of the 13th is proportional to the length of service, considering the last salary received and including additional payments such as overtime and health hazards.

The second installment of the benefit may include discounts on social security contributions and income tax.

See more: Find out the value of the INSS DISCOUNT on your salary in 2024; Brazilians are shocked

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