What does the Federal Labor Law say about the Christmas bonus?
The bonus is a right of the workers established in the Federal Labor Law in its Article 87. Accordingly, all workers, whether they are base, trust, plant, unionized, hired for a specific work or time , eventuals, among others, have the right to collect their Christmas bonus.
Said annual labor benefit also applies to commission agents, commercial agents, insurance agents, salespeople, and the like.
If you do not know if you are entitled to a bonus according to the work model under which you are hired, you can check by giving click here .
What is the deadline to receive it?
All working people will have the right to receive, each year, a Christmas bonus that must be paid before the December 20th, equivalent to 15 days’ salary, at least.
Those who have not completed the year of service, regardless of whether they are working or not on the settlement date of the bonus, will have the right to be paid the proportional part thereof, according to the time worked.
Where to report if my Christmas bonus is not paid?
The Law establishes that it is an obligation of the employer to pay the bonus in a timely manner. In case of non-compliance, completely or extemporaneously, the employer will be liable to a fine.
In this case, the worker will have one year to claim before the competent jurisdictional instances the payment of your Christmas bonus.
Depending on the activity carried out by the company and according to the competence determined by the Federal Labor Law, you can go to the Federal Attorney for the Defense of Labor (Profedet), which has the obligation to provide free, personalized legal advice .