Substitution pay in Brazil: do you earn more when covering a colleague?

Yes. Under TST Precedent 159, while a non-occasional substitution lasts, such as covering a colleague's vacation, the substitute is entitled to the contractual salary of the person replaced. If the position becomes permanently vacant and you take it over, there is no automatic right to your predecessor's salary.

Quick summary

• Applies to: non-occasional substitution, such as a colleague's vacation, maternity leave or medical leave.
• Does not apply to: covering for a few hours or a single day.
• Amount: the difference between your salary and the replaced colleague's, for the period.
• Vacant position: whoever takes it over permanently does not inherit the predecessor's salary (Precedent 159, II).
• Evidence: emails, work orders, signatures on documents of the role and witnesses.

How it works

The substitution must be real: you take over the colleague's duties, not just help with some of them. During that period you receive the pay difference. Example: your salary is R$ 3,500 and the supervisor on 30 days' vacation earns R$ 5,000. You are entitled to R$ 1,500 more that month, reflected in vacation, 13th salary and FGTS.

Anyone holding a commissioned position on an interim basis is also entitled to the position's benefits for as long as it lasts (CLT, art. 450).

How to claim

1. Keep proof that you performed the replaced colleague's duties and the dates.
2. Ask HR to pay the difference.
3. Without agreement, claim it in the Labor Courts within the limitation period: 5 years back, up to 2 years after the contract ends.

Frequently asked questions

I covered my boss's vacation. Am I entitled to their salary?

Yes, during the coverage period, if you took over their duties.

I took the job of someone who was dismissed. Should I earn the same?

Not automatically. For a vacant position, Precedent 159 does not guarantee the predecessor's salary. There may be a right through equal pay or a career plan.

Is the difference reflected in vacation and 13th salary?

Yes, because it is salary.

Read more in this series

• Equal pay
• Working outside your role
• Function bonus: can it be removed?
• Index: complete guide to labor rights

Topic: this guide is part of Pay and benefits, with all the guides on the subject.