Thirteenth salary

"Aguinaldo" redirects here. For other uses, see Aguinaldo (disambiguation).

  13th salary mandatory

  14th salary mandatory

  13th salary customary

  14th salary customary

A thirteenth salary, or end-of-year bonus, is an extra payment given to employees at the end of December. Although the amount of the payment depends on a number of factors, it usually matches an employee's monthly salary and can be paid in one or more installments (depending on country). The thirteenth salary is most prominent in Latin America, where this payment is mandatory in most countries. In countries where the bonus is required by law, all employees usually receive it if they have worked for the company for a certain required amount of time. However, freelancers and contract workers are often not entitled to receive the 13th-month pay. Employees who have not worked for the company for a full year often receive a pro-rated amount.

History

In Italy it was originally named 'gratifica natalizia' ("Christmas bonus") being a voluntary donation without any obligation that the employer recognized to its employees when entering the Christmastide and was legalized in the 1937 collective labour agreement for factory labour and was extended to all kind of works in 1946 and by presidential decree in 1960.

In the Philippines it was legalized in December 1975 responding the problem of update the minimum wage. The minimum wage had not been raised for five years, and no longer matched the cost of living. President Ferdinand Marcos issued Presidential Decree No. 851 (at this time Marcos ruled by decree without a legislature), ordering employers to pay a thirteenth salary to improve the situation to employees who are earning less than 1,000 pesos per month, at that time a princely sum. The decree notably excluded employees of the government and its instruments. With the removal of Marcos, his successor Corazon Aquino removed the 1,000 limit in 1986, giving the privilege to all private sector employees. Two years later, Aquino signed Republic Act No. 6686, extending the privilege to government employees.

Compensation based on annual work was paid in addition to the basic salary on the basis of the decision of the Central Committee of the Communist Party of the Soviet Union and the Council of Ministers of the USSR on 4 October 1965 ("On improving planning and enhancing economic incentives for industrial production"). Paid from the material incentive fund, the amount of funds was determined by the administration in conjunction with the Central Committee. If a company fulfilled (or exceeded) annual plans for the sale of products (or profits) and estimated profitability, the thirteenth salary could be paid from funds earmarked in the budget and other cash reserves. If a company did not meet the targets, a reduced amount was paid.

In Switzerland, the 13th month salary began to impose itself at the end of the 1960s, although it had started to spread before that. There were conflicts about the time schedule of payment: as workers wanted regular payments and employers were more comfortable with yearly or half-yearly payments.

Many employers, such as the Swiss Broadcasting Corporation, decided to implement the 13th month salary to appear more attractive to skilled candidates.

In Mauritius, the 13th month salary was implemented in December 1975, but there were many battles to achieve this goal. Every trade union centres, like the Federation of Civil Service Unions, had to fight together, using street campaigns and work stoppages. Around the 1970s, the price of sugar skyrocketed, but some companies in the sugar industry did not want to pay a 13th month salary or bonus to its employees. From 1973 onwards, under pressure from the Sugar Industry Staff Employees Association (SISEA), a group of executives were made to sign an agreement stating that a 13th month salary or bonus would be paid based on the yearly profits.

However, for every industry other than the sugar industry, workers at that time could not benefit from a 13th month salary. This led to more protests in the streets. In 1975, with the help of Cyril Canabady, a lawyer, the government finally stated that every employer would have to pay a 13th month salary.

In Brazil, the 13th salary, known as "Gratificação de Natal aos Trabalhadores", was initially instituted by President João Goulart in 1962. The legislation, authored by Aarão Steinbruch, had been proposed three years earlier in 1959. The rationale behind the proposal was that companies were already used to providing bonuses to employees during the Christmas season, and the law would formalize a practice that was prevalent among private sector employees. However, due to opposition and pressure from businesses, who argued that the proposal would result in financial losses for companies and potential job cuts, the discussion of the proposal took three years. Additionally, the political turmoil in Brazil during the 1960s contributed to the extended debate. Since its implementation, the 13th salary has served as a tool for boosting the economy, ensuring high sales volumes for the industry at the end of the year.

Details

A number of countries followed the Philippines, enacting similar thirteenth-salary laws, and some have passed laws about fourteenth- and fifteenth-month pay. Some regions have a compulsory fourteenth salary. Brazil has a mandatory fourteenth-month salary, which is treated as a holiday bonus.

In countries where the 13th salary is prominent, it is typically mandatory, customary or included in collective agreements. While in some countries a 14th salary is also mandatory, it is less widespread than the 13th salary.

The payment varies by country. Some have one payment at the end of the year, and others pay in two installments: one in the first half of the year and the other at the end of the year. This could motivate people to travel or otherwise enjoy summer holidays. Corporations that fail to make the payments may be fined.

Taxation

The thirteenth salary is normally tax-exempt, although some countries have restrictions; if the payment exceeds one month's salary, it could be taxable. The taxation also often depends on how the payment is classified in the specific country. If it is considered to be a mandatory salary, it is treated as such and is taxable. When it is considered to be a bonus, it usually is not taxable unless the amount reaches a certain limit. The tax laws do however vary from country to country.

Computation

The way the 13th salary is computed varies from country to country, nevertheless, the amount is usually equal to the total annual pay divided by 12 or is expressed as one months salary. If the country also has a mandatory 14th salary, the payment is calculated the same way. In some countries, the total annual payment is already divided into 13 or 14 parts. Not all workers are guaranteed this amount, however; in Mexico, most people receive at least 15 days' wages.

Prevalence

Europe

Mandatory

• Armenia: paid before the New Year holidays
• Greece: 14th-month and holiday bonuses are paid on Christmas, Easter, and summer vacation
• Italy: In Italy, the payment is referred to as "tredicesima" and is paid around the Christmas holiday. All employees, including public and private workers, as well as retirees and employees on maternity leave, are entitled to the bonus. However, the bonus is not granted to certain workers such as interns, independent professionals, self-employed individuals, external staff or project workers. The payment is subject to tax and security deductions. The bonus amount is equal to the monthly salary multiplied by the number of months worked and divided by 12. In the case of retirees, the amount is calculated similarly. The bonus amount is equal to the monthly pension multiplied by the number of months the pension was received and divided by 12. 14th-month bonus paid on June to retirees over the age of 64.
• Portugal: 13th-month paid in summer vacation and 14th-month at Christmas.
• Spain: mandatory 14th-month bonuses (pagas extraordinarias) paid in summer and at Christmas. They can be prorated into the twelve monthly salaries.

Customary

• Austria: End of June; a 14th-month bonus is paid at the end of November.
• Belgium: Paid at the end of the year; mandatory holiday bonus
• Croatia: Paid at Christmas or Easter
• Czech Republic, France, Luxembourg, Slovakia and Switzerland: Paid at the end of the year
• Czech Republic: The 13th month salary is not mandatory, but depending on the performance of the worker, employers will commonly offer it.
• Slovakia: 27% of all employees receive a Christmas bonus and 17% receive a 13th month salary. Some sectors are even paid more than the average 13th month salary: telecommunication companies, and banking and finance sectors.
• Finland: Paid in summer, usually 50 - 60 % of monthly salary
• Germany: Paid before Christmas
• Italy: A 14th-month bonus may be paid in June to those workers who qualify according to their national collective contract. The 13th month salary is called (gratifica natalizia) when it is awarded to factory or manual workers. Moreover, employees who have worked many years in the same company, managers, executives are usually offered a 14th month salary during the summer. Extra month salary like the 15th or 16th month salary, even if scarcer, can be offered in the petroleum and banking industries as well.
• Netherlands: paid in November or December
• France: The 13th month salary is not written in the law, but it is a common practise, and employers cannot change their habits of offering it. It is received at the end of the year, at Christmas, or eventually in several payments. Generally, it is received in two times: a first payment in June and a second one in December. However, workers can also receive it quarterly or monthly. To calculate it, firms simply chose to give a month salary. Exceptions are made if the employee did not work during all the year in the company; in this case, the bonus is calculated in proportion to the number of hours. Some companies can apply some seniority conditions to the allocation of the 13th salary.
• United Kingdom: There is no 13th month salary, but other bonuses exist.

Germany

In Germany, a legal distinction is made between a thirteenth salary and a Christmas bonus; in most other countries, the terms are used interchangeably. The Christmas bonus (usually paid with the November salary) is intended to pay additional holiday expenses and retain employees. The thirteenth salary is paid by an employer for ongoing work at the end of a calendar year. An employee is entitled to a prorated thirteenth salary if they leave their employer before the end of the calendar year, unless the parties to the employment contract have agreed otherwise.

Special payments for regular work performance (a requirement fulfilled by the thirteenth salary, and the Christmas bonus in certain cases) can be counted towards the minimum wage. For example, a person works full-time and earns €8.03 per hour until a minimum wage of €8.50 per hour is introduced. Their employment contract stipulates that they are entitled to a half-month Christmas bonus and an annual holiday payment, totaling one month's salary. To meet the minimum wage of €8.50 (required by law in Germany since January 2015), the employer consolidates the holiday payment and Christmas bonus and pays one-twelfth of the amount to the employee every month. The employee's hourly wage would increase to €8.69, meeting the minimum wage.

The Christmas bonus is part of the other-remuneration category, in accordance with §39b Abs. 3 of the EStG. The Christmas tax allowance was abolished with the Tax Reform Act of 25 July 1988. Since July 2008, federal officials have no longer received Christmas bonuses; the special payments (Christmas and holiday bonuses), amounting to five percent of the annual salary, were integrated into the officials' base salary.

Switzerland

Most Swiss employers pay their employees' annual salary in 13 instalments, rather than 12. An employee usually receives two months' salary in December, which helps pay end-of-year and holiday bills. Sometimes they receive half in July and half in December, however, similar to Germany's Christmas bonus and holiday payment. The thirteenth monthly salary is not a bonus, but a delayed payment. Whether or not a thirteenth salary is paid is part of an employment contract; some companies pay a higher monthly salary instead of the additional payment. In the first and last years of employment, the thirteenth salary is prorated for partial years.

Some employers pay an additional annual bonus based on employee performance or employer profits. When an employee pays direct income tax and the 13th month's salary and bonus are paid in the same month, a higher tax rate is paid.

Latin America

In Latin America, the thirteenth salary is commonly known as aguinaldo or prima in Spanish (bonus).

Mandatory

• Argentina: two equal instalments, by 30 June and 18 December. The amount of each of these payments is equal to half of the highest monthly wage in the preceding 6 months.
• Bolivia: tax-free, up to one month’s wages. A 14th-month bonus is mandatory as a holiday bonus if the GDP is over 4.5 percent.
• Brazil: paid in two equal parts, typically by 30 November and by 20 December. A mandatory 14th-month bonus is referred to as a "holiday bonus" and is paid in the subsequent month. It is one-twelfth of the wage paid in December per month worked previously, or equal to the December wage. It is paid in full only to those who have worked for at least one year for the same company. Those who have worked less time will receive it proportionally to the amount of time worked.
• Colombia: two halves, paid during the first 15 days of June and the first 20 days of December
• Costa Rica: paid during the first 20 days of December
• Dominican Republic: paid by 20 December
• Mexico: The 13th salary, in Mexico, referred to as aguinaldo must be equivalent to at least 15 days of wages. However, for workers who have been employed for less than a year in the same company, the bonus amount is prorated. Employers who fail to comply with this regulation can be reported to the Federal Office of the Defense of Labor. Unfortunately, due to unfavourable conditions such as informal contracts and temporary payments, only a small fraction of Mexican workers receive the aguinaldo. It is paid by 20 December.
• Ecuador: A mandatory 14th-month bonus is paid in parts or in a lump sum.
• El Salvador: Christmas bonus, based on years of service
• Guatemala: paid at mid-year. A mandatory 14th-month bonus is paid at the end of the year; both are equal to one month's salary.
• Honduras: paid in December. A mandatory 14th-month bonus is paid in July; both are equal to one month's salary.
• Nicaragua: one month's salary, paid by 10 December
• Panama: paid in three equal parts on 15 April, 15 August, and 15 December
• Peru: paid in July. A mandatory 14th-month bonus is paid in December.
• Uruguay: paid in two halves, on 30 June and by the end of the year
• Paraguay, Venezuela: paid at the end of the year

Customary

• Chile: paid in December or in two halves, in September and December

Asia

Mandatory

• India: paid within eight months of the end of the financial year
• Indonesia: religious-holiday bonus, paid at least one week before the holiday
• Philippines: the Labor Code states this bonus, commonly called “13th month”, must be paid in sum to permanent employees in December, or in two installments in May and November. Added 14th, 15th, and other bonuses may be given at the employer’s discretion.All rank-and-file employees are eligible for the bonus. Whether the payment is taxable depends on the amount received.
• Saudi Arabia: paid on Eid al-Fitr

Customary

• China: paid during the month of the Lunar New Year or Spring Holiday.
• Hong Kong: paid at the Lunar New Year or the end of the year.
• Israel
• Japan: a summer bonus, paid in June. A 14th-month winter bonus is paid in December.
• Malaysia: paid at the end of the year
• Nepal: paid with the last month's salary before the festival of Dashain.
• Singapore (Annual Wage Supplement),.
• Taiwan: paid at the end of the year.
• United Arab Emirates: A 14th-month bonus is paid at the end of the year.
• Vietnam: paid the month before the Lunar New Year.

Africa

• Angola: A mandatory vacation bonus is paid before a holiday. A mandatory 14th-month Christmas is paid in December.
• Nigeria: paid before Christmas
• South Africa: paid at the end of the year
• Mauritius: Paid in December

See also

• Bonus payment
• Christmas bonus (United Kingdom)
• Performance-related pay

Further reading

• Media related to Thirteenth salary at Wikimedia Commons
• A State Mandated Christmas Bonus from In Custodia Legis, the Law Library of Congress blog