Proportional 13th Salary: How to Calculate Your Rights
Learn how to calculate proportional 13th salary in termination. Complete guide with examples, deadlines and free calculator for accurate results.
The proportional 13th salary is one of the most important worker rights upon employment contract termination. Understanding how this calculation works can make a difference of hundreds or even thousands of reais in your severance.
The good news is that in most dismissal cases, you’re entitled to receive this amount proportional to the months worked during the year. Let’s explain exactly how to calculate it and when you’re entitled to it.
What is proportional 13th salary
Proportional 13th salary is the amount corresponding to the months you worked in the year of dismissal. Unlike the full 13th salary we receive in December, in termination you receive only the proportion of months actually worked.
When you’re entitled to it in dismissal
You’re entitled to proportional 13th salary in the following situations:
- Dismissal without just cause (company fires you)
- Resignation (you ask to leave)
- End of fixed-term contract
- Retirement
- Employee death (family receives)
Difference between dismissal with and without just cause
The main difference lies in loss of rights in case of just cause:
| Type of Dismissal | Proportional 13th | Other Rights |
|---|---|---|
| Without just cause | ✅ Receives full amount | FGTS (severance fund) fine, unemployment insurance, notice |
| With just cause | ❌ Loses the right | Loses most rights |
| Resignation | ✅ Receives full amount | Loses FGTS fine and unemployment insurance |
How to calculate proportional 13th salary
Calculation formula
The calculation follows a simple formula based on gross salary and months worked:
Proportional 13th = (Salary ÷ 12) × Months Worked
Months worked and proportion
Month counting follows specific rules:
- 15 days or more = counts as complete month
- Less than 15 days = doesn’t count
- January to December = basis for annual calculation
Example: If you worked from March to October (leaving on the 20th), that’s 8 complete months for calculation.
Practical calculation examples
Dismissal without just cause
Let’s calculate a real case of dismissal without just cause:
Situation: Salary of R$ 4,500, worked from January to August (8 months)
Calculation: R$ 4,500 ÷ 12 = R$ 375 (per month)
Proportional 13th: R$ 375 × 8 = R$ 3,000.00
Resignation
The calculation is identical, even when you resign:
Situation: Salary of R$ 3,200, worked from January to June (6 months)
Calculation: R$ 3,200 ÷ 12 = R$ 266.67 (per month)
Proportional 13th: R$ 266.67 × 6 = R$ 1,600.00
Special counting cases
Some situations require special attention:
- Sick leave: period counts normally
- Vacation: month counts for calculation
- Maternity leave: period is computed
- Compensated notice: counts as worked month
Payment deadlines
The legal deadline for severance payment varies according to the type of notice:
| Situation | Payment Deadline |
|---|---|
| Worked notice | 1st business day after termination |
| Compensated notice | 10 calendar days after dismissal |
Consequences of delay
If the company delays payment, you’re entitled to:
- Fine equivalent to your salary
- Monetary correction on overdue amounts
- Possibility of labor lawsuit
Automatic calculator
To facilitate your calculation and avoid errors, use our 13th salary calculator. The tool is free and automatically calculates:
- Proportional 13th salary
- INSS (social security) and IRPF (income tax) deductions
- Net amount to receive
- Projections for different scenarios
Online calculator advantages
- Precision in complex calculations
- Automatic updates of deduction tables
- Simulations of different periods
- Instant results
Important tips to not lose rights
Before signing any termination document, verify:
- Check the months worked in the calculation
- Base salary value used (with additional payments)
- Notice period computed
- Ratification at the union (if necessary)
Remember: proportional 13th salary is your right guaranteed by law. Even in company crisis situations, this amount must be paid in full upon termination.
Frequently Asked Questions
Who is entitled to 13th salary in dismissal?
All workers with formal employment have the right to proportional 13th salary, except in cases of dismissal with just cause. This includes employees in trial periods, temporary and domestic workers.
How are months counted for calculation?
Each month with 15 or more days worked counts as a complete month. Periods shorter than 15 days are disregarded. For example: worked from March 10th to August 25th = 6 complete months.
Does proportional 13th salary have deductions?
Yes, INSS and IRPF are applied to proportional 13th salary, following the same tables as regular salary. Use our calculator to see the net amount.
Does an employee on trial period have right to 13th salary?
Yes, even under trial contract you have the right to proportional 13th salary for months worked. The only exception is dismissal with just cause.
What if I already received part of the 13th salary in November?
If you received the advance (first installment) in November, the company must deduct this amount from the proportional 13th salary in termination or pay only the difference, if any.
How long does the company have to pay?
1 business day if you served notice, or 10 calendar days if it was compensated notice. Delay generates a fine of one salary for the employer.
Do accrued vacation days affect 13th salary calculation?
No, proportional 13th salary is calculated independently of vacation. Both are distinct rights and must be paid separately in termination, each with its own calculation.