For many families, salary payment day is the most anticipated day of the month, marking a crucial point in balancing the household budget. But, after all, until what day can the salary be paid? Portuguese legislation is clear in some aspects, but leaves room for interpretation and contractual specificities.
What does the Labor Code say about the payment of salaries?
Article 278 of the CLT establishes that salary credit must be paid in regular and equal periods – weekly, fortnightly or monthly –, “unless otherwise stipulated or otherwise used”. This same article determines that the salary must be paid on working days, “during the working period or immediately after”.
Therefore, there is no fixed date imposed by law for the payment of salaries. The exact day is normally stipulated in the individual employment contract, collective agreements or internal company regulations.
On the other hand, if the employer does not meet the agreed deadline, it is considered in default and subject to the legal implications set out in the Labor Code.
Myth of the 8th: where does this idea come from?
The common perception that salaries must be paid by the 8th of each month seems to be related to two factors:
- Payment of rent, which legislation provides for to be made by the eighth day of the month.
- Old practices, in which many companies opted for this deadline as the norm, creating a habit ingrained in some generations.
However, there is no legal obligation to impose this date as a limit for the payment of salaries.
What about Christmas and holiday allowances?
In these cases, the CLT is more specific:
- Christmas allowance: Article 263 stipulates that this must be paid by December 15th.
- Holiday allowance: According to article 264, it must be paid before the start of the vacation period, unless otherwise agreed, or proportionally in the case of interpolated vacation enjoyment.
General rules and contractual flexibilities
Although the law does not set a universal date for salary payment, it requires that it be paid on a working day, and may be brought forward if the salary falls on a weekend or holiday. For monthly salaries, it is common practice for payment to be made by the last working day of the month.
The specific rules must always be clear in the employment contract. This document may provide for payments in weekly, fortnightly or monthly periods, depending on the conditions agreed between employer and worker.
What if the salary is overdue?
In case of non-compliance, article 325 of the CLT establishes that the employee has the right to:
- Suspend the employment contract if the delay is more than 15 days, as long as you communicate this intention to the employer eight days in advance.
- Terminate the employment contract if the delay exceeds 60 days after the due date.
Furthermore, the worker must notify the Working Conditions Authority (ACT) to formalize the situation and ensure compliance with their rights.
The law does not set a specific date for the payment of salaries, which is defined by employment contracts or internal company regulations. For those who receive monthly payments, the deadline is usually the last business day of the month, denying the myth of the 8th as a general rule.
In a context of non-compliance, legislation offers tools to protect workers and ensure that their rights are respected. After all, salary payment, more than a contractual obligation, is an essential right that supports the financial balance of families.
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