Late wages in Brazil: payment deadline and what to do

A monthly salary must be paid by the 5th business day of the month after the month worked (CLT, art. 459, §1 — the CLT is Brazil's Consolidated Labor Laws). Repeated late payment is serious misconduct by the employer and may justify constructive dismissal, with all the amounts of a dismissal without cause.

Quick summary

• Deadline: by the 5th business day of the following month; Saturday counts as a business day for this purpose, unless a collective rule says otherwise.
• Repeated delays: can lead to constructive dismissal (art. 483, d).
• *Chronic default (mora contumaz): late payment or non-payment for 3 months or more*, without serious reason (Decree-Law 368/1968).
• Late amounts are claimed with inflation adjustment and interest.
• Collective agreements often provide for a penalty for late payment.

What to do, step by step

1. Record the dates of each late payment (bank statement and payslips).
2. Ask HR for an explanation in writing, by email or message, and keep the reply.
3. Check your category's collective agreement to see whether there is a late-payment penalty.
4. Contact the union — it can notify the employer and mediate.
5. File a complaint with the Ministry of Labor through gov.br — see Reporting labor violations.
6. If delays keep happening, consider constructive dismissal or a claim in the Labor Court.

Late wages and moral damages

The Labor Court has recognized compensation for moral damages in cases of repeated late payment, especially when it causes proven harm (late bills, credit blacklisting). Keep proof of these consequences.

Check your FGTS too

Employers who pay wages late often also stop depositing FGTS (the Severance Indemnity Fund). Check the statement in the app — see FGTS.

Frequently asked questions

By what day must the employer pay my salary?

By the 5th business day of the month after the month worked.

Do late wages justify constructive dismissal?

Repeated late payment is one of the most widely recognized grounds for constructive dismissal.

Can I stop working if my salary is late?

Think carefully: in cases of breach of contract, the CLT allows you to request constructive dismissal while continuing to work (art. 483, §3), which reduces risks.

Read more in this series

• Constructive dismissal: when the worker can "fire" the employer
• Reporting labor violations: Ministry of Labor or MPT? How to do it
• FGTS: how to check it, when to withdraw and how the 40% penalty works
• Labor Court: how it works and how to file a claim
• Index: complete guide to labor rights