You know what scomplessive alary? It is important to find out why your company may be paying employees the wrong way!
O complessive salary it is the practice of paying wage installments in a unified manner to employees, without specifying what each one refers to on the payroll.
Many people do not know the difference between salary and remuneration. Although they are used interchangeably by the majority, they are different concepts.
Therefore, it is essential to know the meaning of each one of them in order to maintain the financial health of your company.
THE remuneration it is the set of everything that the employer gives to its employees in exchange for the performance of their work, which includes the salary. Therefore, it is possible to consider salary as a type of remuneration, but never the opposite.
Meanwhile, the wage it is the reward that the employer pays employees for providing services for a certain period.
Thus, all the amounts paid to the employee, in addition to his salary, are other forms of remuneration as in the case of payments of overtime, corporate benefits, between others.
All of these forms of remuneration are guaranteed to professionals by Consolidation of Labor Laws (CLT).
Along with these guarantees, the legislation still obliges companies to specify all payments of the worker with the payroll. When that doesn't happen, we have what is known as complessive salary.
What is Complessive Salary?
O complessive salary it is the practice of paying wage installments in a unified manner to employees. In it, there is no specification of what each one refers to on the payroll.
This practice is prohibited in Brazil. Therefore, your company must have a prepared accounting team. It is necessary to generate the payslip of all employees in the right way.
To assist your company in this mission, we explain in detail, the reasons why it is banned and bring what the law says about it. Check it out below.
Salary and remuneration concepts
These two terms that provoke many doubts among workers have some distinctions defined by law that deserve attention. So it is important to know what your differences are.
What is salary
The salary is the benefit paid directly to the professionals by the company under their employment contract. It is carried out in exchange for the services provided and for the time of the employee offered to the company.
According to the CLT, in its article 458, the salary consists of:
“In addition to payment in cash, housing, clothing or other ‘in natura' benefits that the company, under the contract or custom, habitually provides to the employee.”
There are different salary types, which can be divided into:
- Base salary: defined in the employment contract;
- Minimum wage: defined by law;
- Salary floor: defined by class unions;
- Professional salary: regulated by professional categories;
- Net wage: the exact amount received after the deduction of labor rates;
- Gross salary: total received before the tax discount is made;
- Salary on demand: new payment method in Brazil. Click here and find out.
What is remuneration
The remuneration is the sum of the payment made by the company, adding the salary paid directly and other payments indirectly. This action is also included in the CLT. Article 457 reinforces:
“In the employee's remuneration, for all legal purposes, in addition to the salary due and paid directly, as consideration for the service, are included the tips that you receive”.
In addition to tips, there are other types of remuneration received by employees, such as additional health hazards or unhealthy, awards, commissions, among others.
Basically, the remuneration refers to the total payment of earnings added by the worker.
After fully understanding these two concepts, it is necessary to pay attention to what is complessive salary. This practice refers to the payment of the employee's remuneration without discriminating the amounts and rights paid in the month in question of the payment.
In order to avoid complessive wages, the company must ensure that the payroll contains the payments broken down by everything the employee has done in the last thirty days, item by item.
All values must be specified for the safety of both the company and its employees. Thus, the organization can protect itself so as not to suffer future lawsuits regarding the receipt or not of these amounts.
O Superior Labor Court (TST) and labor legislation (CLT) prohibit the complessive salary.
According to paragraph 2 of art. 477 of the CLT It is like Statement 91 of the TST, salary amounts must be paid prominently on the salary payment receipt. Otherwise, the complessive salary will be characterized.
The 2nd paragraph of art. CLT says:
“The instrument of termination or receipt of discharge, whatever the cause or form of the dissolution of the contract, must have specified the nature of each installment paid to the employee and broken down its value, the discharge being only valid for the same installments ”.
TST statement no. 91 states:
“Void is the contractual clause that sets a certain amount or percentage to comprehensively meet various legal or contractual rights of the worker”.
New form of payment: what is salary on demand?
The CareerBuilder survey, conducted in 2017, attested that 78% of respondents are barely able to settle accounts with their salary.
In addition, of the more than 3,000 respondents, about ¾ of them also attested that they have one or more accumulated debts. Clear sign that something needs to be changed, do you agree?
O on-demand salary it is a modality that has been gaining strength in the market and aims to add flexibility so that employees receive for hours worked, but not yet paid. Something that alleviates many of the financial problems – and those generated by the challenges of closing accounts.
Let's look at a simple example: if the company has the habit of making payments for its human resources only on the 30th, or on the fifth business day of each month, professionals are limited to that.
If a pending account is going to earn interest in that period when there is no more money in the account, the debts accumulate. However, with the offer of salary on demand, the professional can receive payment for days already worked whenever he wants. Best of all, he has the flexibility to plan his month.
We recommend that you read this article to better understand on-demand pay. In it you will understand the functionalities of the HR Consultant UKy, a corporate benefit of payments on demand.
Why is complessive salary prohibited?
It can often happen that the contract between the employer and its employees is made verbally. This opens loopholes so that labor rights are not paid correctly.
For example: when a worker works overtime, the payroll must have the amount broken down in relation to them. They will vary according to the amount of overtime worked in that month.
If they are not detailed in the payslip, the professional may not receive the correct amount and may not notice the error.
This can also happen with other remunerations, such as nightly bonuses, commissions and additional for length of service, among others.
Consequences of non-compliance with legislation
According to the CLT, the employer is required to prove that he has correctly remunerated the services of his team. Therefore, in the event of a breach of the law by means of a compulsory salary, it is possible for employees to claim their rights in court.
If this happens, even if the company has made the correct payments, it will not be able to prove it. Without proof on the payroll, the law assumes that the payment did not happen.
Therefore, the Labor Justice it can compel the organization to pay them again. In addition, it will still be necessary pay fines and redo all payment calculations to compensate the employee.
If you are concerned about the fines your company may receive, we recommend that you download this free guide. It contains essential tips to avoid fines for your company. Answer the form and receive:
How to Avoid Problems with Complessive Salary
In order to avoid problems due to a complessive salary, your company must always have proof of payments made, through employee pay stubs.
It is necessary to have an efficient accounting team to avoid the mismanagement of employee payments. Always remember that it is essential to give employees a copy of the payroll.
This receipt must include:
- the identification of the company;
- the value of the remuneration, with the breakdown of the installments;
- the net amount paid;
- the days worked or the total production;
- at overtime;
- the discounts made, including for Social Security, and the amount corresponding to the FGTS.
Only then, it will be possible to keep your organization safe from the complications of the complessive salary.
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