The fifth working day of August falls this Thursday (6); see what happens if payment is late

Under labor legislation, the employer must pay remuneration by the fifth working day of the month following the month worked. The days from Monday to Saturday are included in the count. Only Sundays and holidays are excluded from the calculation.

In August 2026, the first five national working days of the month are: Saturday (1st), Monday (3rd), Tuesday (4th), Wednesday (5th) and Thursday (6th).

However, if there is a state or municipal holiday in that time frame, the maximum period will be delayed. This is what happens in the state of Paraíba, which celebrates its foundation this Wednesday (5). The fifth working day for workers from Paraíba will be on Friday (7).

If payment is not made within the deadline, the company fails to fulfill an obligation set out in labor legislation. According to Marcelo Baltar, partner responsible for the labor area at VLF Advogados, the employer may be subject to penalties provided for in conventions or collective agreements, in addition to other legal consequences.

The lawyer states, however, that an isolated delay of a few days, in itself, is normally not enough to justify the indirect termination of the employment contract. This type of measure is usually recognized in more serious situations, such as frequent delays or long periods without payment, capable of compromising the worker's livelihood.

"If you have suffered losses or if delays become frequent, it is possible to appeal to the Labor Court to collect the amounts owed and evaluate the appropriate measures", says Baltar.

Another different situation occurs when the salary is paid on time, but in an amount lower than that stipulated in the contract or that actually due. In these cases, the worker can seek payment in court for salary differences and the impact on funds such as vacation, 13th salary, FGTS (Service Time Guarantee Fund) and overtime, when applicable.

For workers who work as a legal entity (PJ) or self-employed, the rule is different. As the relationship is not governed by the CLT, payment deadlines and penalties for delay depend on the contract signed between the parties and the rules of Civil Law.

For public servants, the payment schedule varies depending on the federative entity and the applicable legal regime. In general, according to the expert, deadlines are defined by specific laws of the Union, states or municipalities.

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Experts recommend calculating monthly expenses, creating a reserve capable of covering six to 12 months and keeping the money in safe, quick-return applications. Insurance, extra income and a second reserve can also reduce the impact of unforeseen events