Wage dispute 2022: Understand everything you need to know

Wage disputes are a widely discussed term in the corporate world, impacting both workers and employers. These disputes are used to calculate salary adjustments based on salary adjustments.

In this article, we'll show you what a wage dispute is, the different types that exist, and how you can calculate the dispute and ensure you're receiving the correct amount.

Stay tuned to the end for all the information on wage disputes.

What is a wage dispute?

Wage negotiation refers to a negotiation process between employers and employees to adjust wages based on economic changes, inflation, or other variables that directly impact purchasing power. This process is usually conducted through collective bargaining agreements or labor agreements.

As stipulated by Article 611 of the Consolidated Labor Laws (CLT), every employee with a formal employment contract is guaranteed the right to an annual salary adjustment. This adjustment, essential for maintaining economic justice in labor relations, requires mutual understanding and agreement between companies and unions.

Therefore, when seeking this adjustment, companies and unions play a crucial role in preserving the balance between employers and employees.

Negotiating and agreeing on annual salary adjustments not only reflects shared responsibility for maintaining fair labor relations, but also contributes to the livelihood and financial well-being of workers, promoting a more equitable and sustainable work environment.

What types of wage disputes exist?

There are several types of wage disputes, each with its own specific characteristics. Here's how they work:

• Collective Dispute: This occurs when there is no agreement between workers' unions and employers' unions. Negotiations are taken to a competent body, often a labor court, which will issue a decision to resolve the impasse.
• Individual Dispute: It involves direct negotiations between an employee and their employer. It may involve informal discussions, mediation, or even legal proceedings in more complex cases.
• Compulsory Dismissal: When a third party, such as a labor court, is obliged to intervene in negotiations, the intervening body determines the terms of the agreement, seeking a balance between the parties.
• Economic Dispute: Related to salary adjustments resulting from economic changes, such as inflation, growth, or recession. The parties negotiate considering the economic impacts on workers' purchasing power.
• Legal Dispute: Involving disputes with legal grounds, such as non-compliance with contractual clauses or labor laws. It usually goes to courts or arbitration bodies for resolution.

What is retroactive dispute?

Retroactive dispute settlement is a fundamental mechanism in the world of salary negotiations, characterized by the retroactive payment of salary adjustments for the months that have elapsed since the base date of the action until the outcome of the dispute.

This practice aims to compensate workers for periods in which the salary adjustment was pending definition.

During this process, a meticulous calculation is performed to determine the proportional amount to be paid, taking into account the delay in concluding the dispute. This calculation is essential to ensure fair compensation that is proportionate to the time workers have waited for their wages to be determined.

A practical example illustrates this dynamic. Suppose the category's base date was established on August 1st, and the dispute, for various reasons, is only finalized on July 1st of the following year.

In this situation, the benefited employee will receive retroactive payment for the six months in which their salary was not adjusted to the base date. This retroactive payment represents not only financial compensation but also recognition of the delay in the salary negotiation process.

It is important to highlight that retroactive disputes not only protect workers' rights, but also encourage efficiency in salary negotiations.

Employers and unions are encouraged to seek timely resolutions, thus avoiding the accumulation of retroactive amounts, which, in turn, can create significant financial challenges for companies.

What is commercial salary?

Commercial salary is the standard remuneration stipulated for various professional categories, ranging from salespeople to store attendants and other professionals in the commercial sector.

Generally, its setting is determined through collective agreements, with variations depending on the geographic region and the specific professional category.

What is the value of the commercial salary in 2022?

The minimum wage for commercial salaries varies by state, taking into account the cost of living and other local factors. Here are some reference values:

• Sao Paulo (SP): R$ 1,801.35;
• Rio de Janeiro (RJ): R$ 2,003.63;
• Belo Horizonte (MG): R$ 1,565.14;
• Porto Alegre (RS): R$ 1,504.05;
• Salvador (BA): R$ 1,976.23;
• Fortaleza (CE): R$ 1,228.79;
• Manaus (AM): R$ 1,212.83;
• Curitiba (PR): R$ 1,760.11;
• Brasilia (DF): R$ 1,773.36.

What is the 2022 wage dispute?

The 2022 wage dispute was contemplated for the period from May 1, 2022, to April 30, 2023. Check out the values practiced:

Market dispute 2022

The collective bargaining agreement for the labor market in general was 10,18%, on average, for the period from May 1, 2022 to April 30, 2023. This percentage was calculated based on inflation for the period, measured by the National Consumer Price Index (INPC).

Trade dispute 2022

The trade collective bargaining agreement was 10,09%, on average, for the period from May 1, 2022 to April 30, 2023. This percentage was calculated in the same way as the market dispute.

Industrial dispute 2022

The industry's collective bargaining agreement was 10,11%, on average, for the period from May 1, 2022 to April 30, 2023. This percentage was also calculated based on inflation for the period.

Trade dispute 2022

The collective bargaining agreement for Rio de Janeiro's commerce sector was 10%, on average, for the period from May 1, 2022 to April 30, 2023. This percentage was calculated in the same way as the national commerce dispute.

When does the salary adjustment begin?

Procedures for determining salary adjustments typically begin at the beginning of the year. However, legal action is often taken when this period extends beyond the first half of the year.

Adjustments must follow the base date and day stipulated by each category's Collective Bargaining Agreement. Otherwise, employees must be aware of deadlines and adjustments to other benefits, in addition to salary.

It is worth remembering that, if the value of the dispute is not released at the beginning of the year, from the date the adjustment takes place, the value of the retroactive dispute is also determined, that is, you receive the correction of the values of the previous months.

Who is entitled to a salary adjustment following a wage dispute?

The right to a salary adjustment through a wage dispute is guaranteed to workers who are part of professional categories or unions that negotiate collectively with employers:

• Unionized Workers: Typically, wage agreements are negotiated between unions representing workers and employers. If an agreement cannot be reached through direct negotiations, collective bargaining may be initiated, taking the matter to the courts or mediation.
• Database: Many collective agreements include a target date, the expected date by which salary adjustment negotiations are expected to take place. If no agreement is reached by this date, disputes can be sought to resolve any outstanding issues.
• Professional Categories: Workers across different sectors and professional categories can be affected by wage disputes. This includes a wide variety of professions, from construction workers to healthcare professionals, depending on their respective collective agreements.
• Collective Agreement: Salary adjustments resulting from disputes are usually stipulated in collective agreements. These agreements may include not only salary increases but also other benefits, working conditions, and category-specific rights.
• Legal Procedures: The wage dispute process can vary from country to country and even within specific jurisdictions. In many cases, judicial or mediation bodies are called upon to resolve disputes when the parties are unable to reach an agreement.

How to calculate the value of the wage dispute?

Calculating the amount of the wage dispute is simple. You need to know the percentage adjustment, multiply it by your salary, and add the result to your current salary. See the example below:

• Amount received: R$ 1,500.00
• Wage dispute: 10%
• Adjustment value: R$ 150.00 (R$ 1,500.00 x 10%).
• Total adjusted salary: R$ 1,650.00 (R$ 1,500.00 + R$ 150.00).

Frequently asked questions

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