Lump-sum pay (salário complessivo) in Brazil: what it is, why it is prohibited and how to spot it on your payslip

*Lump-sum pay (salário complessivo) is paying several rights — overtime, night-work supplement, paid weekly rest, commissions — bundled into a single fixed amount, without itemizing how much corresponds to each. The practice is void under TST Precedent 91 (the TST is the Superior Labor Court): in court, the amount paid is usually treated as salary, and the bundled rights can be claimed again.*

Quick summary

• Definition: a single amount to pay several rights, without separating each item.
• Prohibition: TST Precedent 91; CLT art. 464 requires an itemized receipt (the CLT is Brazil's Consolidated Labor Laws).
• Common examples: "salary with overtime included", "supplement already built in", "fixed productivity payment".
• Consequence: the amount is considered salary, and the bundled items can be claimed.
• Deadline: up to 2 years after the end of the contract, covering the last 5 years.

Examples of lump-sum pay

• A contract stating: "The salary of R$ 3,500 already includes any overtime worked."
• A payslip with a "Fixed bonus" line the employer says corresponds to the night-work supplement.
• A salesperson receiving a "fixed commission" without knowing which sales it covers.
• A driver with a "daily allowance" that supposedly covers overtime and overnight stays.

Why the practice is prohibited

Workers need to know how much they receive for each right to check whether the amount is correct. Without that separation, the employer may pay less than it owes without the employee noticing. That is why the law requires an itemized receipt and case law voids clauses that bundle several rights.

Note: do not confuse it with the position bonus for positions of trust or the pre-contracted overtime regime for bank workers, which have their own rules (TST Precedent 199).

How to spot it and act

1. Read your contract and look for phrases like "included", "built in", "already covers".
2. Compare your payslip with your actual hours — see How to read your payslip.
3. Calculate what would be owed with each right separated — see Overtime.
4. Keep evidence of hours and payments.
5. Claim through the union or in the Labor Court.

Frequently asked questions

Can the employer pay overtime as a fixed amount?

It can pay a fixed amount if it is itemized and covers, at least, the hours actually worked. An amount that "covers everything" without separating is void.

If I signed the contract, do I lose the right?

No. A lump-sum pay clause is void even if signed.

Read more in this series

• How to read your payslip
• Overtime: how to calculate it, limits and how to claim
• Off-the-books pay: risks and how to prove it
• Commissioned salespeople: rights and commissions
• Index: complete guide to labor rights