Am I working for free on the 31st? See if today counts in the 30-day salary

If you are reading this article during working hours on the 31st, know that you are not getting paid for this working day. At least, not directly. This is because, for monthly workers — who receive their salary once a month — the salary payment calculation considers 30 days, not 31. “Our calendar is not uniform, so a standard was created for the salary calculation, considering 30 days”, points out labor lawyer Hellom Lopes Araújo, a partner at Mantuano & Di Mambro Advocacia.

But this does not mean that the worker is at a loss. Araújo points out that the employee is paid for 30 days in February, even if the month has 28 or 29 days. “In addition, the figure of the 13th salary was created with the purpose of removing any possible financial loss of the employee in the months in which he worked”. Thus, the worker may not be paid for 31 days in August specifically, for example, but the 13th compensates for the possible losses of the year. “The 13th is not mere benevolence. Capital does not give free money to anyone”, adds the lawyer. In the calculations of holidays and 13th, 30 days are also considered, not 31.

On the other hand, those who are hired as Legal Entities (PJs) must observe the contract established with the contracting party, as they do not receive 13th. Araújo takes the opportunity to observe that being hired as a PJ, but, in practice, working as if he had a formal contract — with a time to enter and leave the company, punching clocks, etc. — may constitute fraud on the part of the employer.

Labor market

In the quarter ending in July, 24.307 million people lacked work in the country, according to data from the Continuous National Household Sample Survey (Pnad Contínua), but the unemployment rate is falling and reached 9.1% in July, according to the Brazilian Institute of Geography and Statistics (IBGE).

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