Increase in the Basis for Calculating the Permanent Allowance: Understanding the Decision
11 de December de 2024, às 22:25
Alcemir Junior
Good news for those who receive a permanence allowance: The calculation basis has increased, read parts of the decision that defined the matter:
Civil servant. Permanence allowance. Remunerative nature. Calculation basis. Constitutional third of vacation. Christmas bonus. Inclusion.
The on-call allowance is included in the calculation basis for the constitutional third of vacation pay and the Christmas bonus.
AgInt no REsp 1.971.130-RN, Rel. Ministro Gurgel de Faria, Primeira Turma, unanimously, judged on 4/9/2023, DJe 6/9/2023.
information from the full text
The understanding of this Superior Court is that the permanence allowance is a permanent benefit, irreversibly incorporated into the legal assets of the civil servant, and is part of the concept of remuneration for the position held. In this sense, it has been stated that "the permanence allowance is a permanent advantage, which is incorporated into the legal assets of the civil servant and is included in the concept of remuneration for the position held. As such, it can be included in the basis for calculating the third of vacation pay and the Christmas bonus" (AgInt no REsp 2.026.028/AL, Reporting Justice Herman Benjamin, Second Panel, DJe 4/4/2023).
It follows from this understanding that the permanence allowance, since it consists of a remuneration sum, must be included in the calculation basis of the constitutional third of vacation pay and the Christmas bonus, since these items are included in the remuneration of civil servants.
Civil servant. Permanence allowance. Remunerative nature. Calculation basis. Constitutional third of vacation. Christmas bonus. Inclusion.
The on-call allowance is included in the calculation basis for the constitutional third of vacation pay and the Christmas bonus.
AgInt no REsp 1.971.130-RN, Rel. Ministro Gurgel de Faria, Primeira Turma, unanimously, judged on 4/9/2023, DJe 6/9/2023.
information from the full text
The understanding of this Superior Court is that the permanence allowance is a permanent benefit, irreversibly incorporated into the legal assets of the civil servant, and is part of the concept of remuneration for the position held. In this sense, it has been stated that "the permanence allowance is a permanent advantage, which is incorporated into the legal assets of the civil servant and is included in the concept of remuneration for the position held. As such, it can be included in the basis for calculating the third of vacation pay and the Christmas bonus" (AgInt no REsp 2.026.028/AL, Reporting Justice Herman Benjamin, Second Panel, DJe 4/4/2023).
It follows from this understanding that the permanence allowance, since it consists of a remuneration sum, must be included in the calculation basis of the constitutional third of vacation pay and the Christmas bonus, since these items are included in the remuneration of civil servants.
