One of the main achievements of the Brazilian worker is having a birthday. The thirteenth salary turns 60 today (13). Equivalent to monthly remuneration, the Christmas bonus was sanctioned on July 13, 1962 by the then president João Goulart.
Authored by deputy Aarão Steinbruch (PTB-RJ), the Law 4090/1962 it was proposed in 1959. In the justification of the bill, the congressman stated that companies used to pay bonuses to employees around Christmas. According to him, the law would consolidate a situation that was common among workers in the private sector.
Amid intense pressure from business entities and unions, the discussion lasted three years. The political turmoil of the early 1960s also contributed to extending the project’s progress. In 1961, two years after the bill was proposed, President Jânio Quadros resigned. Then João Goulart took office, and Brazil began to adopt the parliamentary system.
controversies
Business entities claimed that the introduction of the thirteenth salary would bring losses to companies and cause the extinction of jobs. The unions threatened a general strike and wanted the law to be passed, without amendments, still in 1961. In December of that year, a general strike was called in São Paulo, when deputies delayed voting for 48 hours. The law was only approved in the second round on April 24, 1962 in the Chamber of Deputies and on June 27 by the Senate.
Interestingly, the thirteenth salary was not included in the Consolidation of Labor Laws (CLT), labor legislation enacted by former president Getúlio Vargas in 1943. Claims for the thirteenth, however, came much earlier. In 1921, there are records of strikes in two industries in São Paulo with demands for the introduction of a Christmas bonus.
The bosses’ fears were not confirmed. The thirteenth became a tool to boost the economy, ensuring high sales volumes for industry and commerce at the end of the year. In 2021, gratification injected BRL 232 billion in the economy, according to the Inter-union Department of Statistics and Socioeconomic Studies (Dieese).
The thirteenth also helps to organize the Brazilian’s financial life. According to a survey by the Credit Protection Service (SPC) and the National Confederation of Shopkeepers (CNDL), last year, 34% of Brazilians entitled to the bonus saved part of their funds. According to the survey, 33% bought Christmas gifts, 24% spent it on parties and year-end trips, 16% used the money to pay taxes and 16% paid overdue debts.
payments
A few years after the introduction, the thirteenth underwent changes. In 1965, the Law 4,749 established the payment of the bonus in two installments: one paid between February and November and the other paid in December. In 1988, article 7 of the Constitution guaranteed the thirteenth for all workers, urban and rural, retirees and pensioners. In 1998, constitutional amendment 19, which dealt with administrative reform in the public service, guaranteed the payment of bonuses to public servants.
proportional calculation
The thirteenth salary is only paid in full to those who have worked for at least one year in the same company. Those who worked the least time will receive proportionally. The calculation is made as follows: for each month in which the employee works for at least 15 days, the employee is entitled to 1/12 (one twelfth) of the total December salary.
Thus, the calculation of the thirteenth considers the period of 15 days worked as a whole month. On the other hand, those who miss work more than 15 days a month without justification will have the entire month discounted.
THE Brazil Agency prepared a guide with more information about the thirteenth, such as who is entitled and how the bonus is taxed.
