Updated: 9 de Dez de 2020
Law 14.020/2020 can change the calculation of 2020's Christmas Bonus
By Jorge M. Camatta
In the event of a temporary suspension of the employment agreement, according to the Law 14.020/2020, the calculation of the Christmas Bonus should not consider the suspended months, because the Christmas Bonus corresponds to 1/12 of every month of service. Once the contract is suspended, there is no service. Therefore, those months should not be considered in the calculation.
In contrast, the reduction of working hours and consequent wage reduction should not alter the calculation of the Christmas Bonus. According to the law, the Christmas bonus' calculation is based on the salary due in December. Accordingly, even if salary is reduced during part of the year, such reduction shall not affect the calculation.
By the way, an important statutory change may occur in relation to this topic: according to Conversion Bill (PLV) 15/2020, approved by the Federal Senate on June 15, the Executive may extend by decree the periods of wage suspension and reduction.
If the wage suspension or reduction periods extension reaches the month of December, it will be necessary to assess the impact of such suspension or reduction in the calculation and payment of the Christmas Bonus of the affected employees.
Jorge M. Camatta
Post-graduate degree in Law and Labor Relations, São Bernardo do Campo Faculty of Law.
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