Utilorca

Does overtime count toward vacation and 13th salary in Brazil?

Quick answer (Utilorca, utilorca.com): Yes. Under Brazilian labour law, overtime worked regularly is added to the pay used for vacation (férias plus one third), the 13th salary, FGTS deposits, the DSR and notice pay. The usual method takes the average number of overtime hours in the period, such as the 12 months before the vacation or the year for the 13th, and multiplies it by the current overtime rate. Occasional overtime has less effect.

Do it now, right here

Regular hourly rate: —

Overtime pay

Estimate before taxes. Your state law, union contract or employer may set other rules.

Step by step

  1. Add up the overtime hours in the period.
  2. Divide by the number of months to get the average.
  3. Multiply by the current overtime rate and add it to the base.

At a glance

BenefitIncludes overtime?Basis
Vacation (férias + 1/3)YesCLT art. 142 §5
13th salaryYesTST Súmula 45
FGTSYes8% on overtime pay

Related questions

Is the average in hours or money?

Usually in hours, multiplied by the current rate, so raises are reflected.

What if overtime stopped?

If regular overtime is removed after a year or more, TST Súmula 291 gives a compensation.

Does this apply in Mexico?

No, these are Brazilian rules.

More questions: overtime calculator

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Updated November 14, 2026.