Payment of the salary is the most anticipated time of the month for any worker, but do you know what day you can pay the salary, according to the law? The Labor Code does not define an exact date, and this absence of clarity causes many employees (and even employers) to be mistaken about legal deadlines.
According to the Ekonomist, a website specializing in economics and finance, article 278 of the Labor Code only indicates that the retributive credit “is overcome for the right and equal periods” and may be weekly, biweekly or monthly. That is, the payment date depends on what is agreed in the employment contract or in the company’s internal regulation.
The ‘myth’ of the 8th
The belief that the salary should be paid by the 8th of each month is old, but has no legal basis. According to the same source, this idea comes from the rule applicable to the payment of income, whose limit is, in fact, the eighth day of each month.
In the case of salaries, however, the only requirement is that payment will be made on a business day, during or immediately after the work period.
The law is clear: if payment is not made until due date or in a previous business day, the employer enters the arrears, which means that the worker can act legally.
What about subsidies?
Unlike salary, vacation and Christmas subsidies have well -defined deadlines. Article 263 determines that the Christmas allowance must be paid by December 15. Article 264 obliges the payment of the vacation allowance before the start of the vacation, except in the contrary agreement.
Explains the ekonomist that, in practice, when payment is monthly, the salary should be deposited by the last business day of the month, not days later, as still happens in some companies.
What to do if the salary is late
The law protects the worker in case of non -compliance. According to article 325 of the Labor Code, after 15 days late, the employee may suspend the contract, provided that he reports the decision eight days in advance.
If the non -payment exceeds 60 days, the worker can terminate the contract with just cause and to appeal to the authority for labor conditions (ACT) to denounce the situation.
The rule that almost no one knows
In short, the law does not impose a fixed day, but requires the salary to be paid within the agreed period and, at most, until the last business day of this cycle. Receiving after that is illegal and can be contested.
As it underlines, knowing what the law determines is the best way to avoid losing money without knowing and ensuring that their work rights are respected.
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