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A worker transferred to another unit is entitled to a 25% salary increase.

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    DBS Partner
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Transfer allowance

Changing locations due to company decisions might sound like a career advancement, but anyone who's been through it knows how much life needs to be reorganized. Routines change. Expenses increase. The address is no longer the same. Therefore, legislation guarantees financial relief for those facing this type of relocation: a transfer allowance, a 25% increase in salary.


The question many people ask is simple: when does this amount arrive in their account?


What is a transfer allowance and when does it apply?


In practice, the transfer allowance compensates workers who need to work temporarily in another city. Imagine someone hired in São Paulo who spends a few months in Belo Horizonte to lead a project. This type of situation modifies the initial work agreement, therefore generating the right to payment.


The extra amount covers unavoidable expenses such as accommodation, transportation, and food. The rule exists because the change is temporary and creates expenses that the employee would not have if they remained in their original location.


On the other hand, if the company only relocates the employee to another neighborhood within the same city, without changing their domicile, the additional payment does not apply.


What the CLT guarantees


Article 469 of the CLT guides how the company should act in these cases. The text states that the employer cannot transfer the employee to another location without their consent, except in specific situations, such as:

 

  • Positions of trust, which already involve mobility,

  • temporary service needs,

  • unit closures,

  • contracts that foresee frequent travel.


Whenever a transfer requires a change of domicile and occurs due to company needs, a minimum additional payment of 25% must be paid. Furthermore, this amount is included in the remuneration and influences the calculation of vacation pay, 13th-month salary, FGTS (Brazilian severance fund), paid weekly rest, and social security contributions.


In other words, the additional payment directly impacts all labor rights.


Temporary vs. permanent transfer


The central point is the nature of the change. The additional payment only applies when the transfer is temporary. If it is permanent, the company only covers the cost of the move, without paying the monthly increase.


The legislation does not precisely define what "temporary" means. In practice, anything linked to a specific demand, such as the implementation of a project or the monitoring of a construction site, is considered temporary. Many specialists work with a reasonable timeframe of up to two years, but this understanding may vary.


When a worker remains permanently in the new city, the additional payment ceases to exist. If they return to their original location after completing the mission, the benefit ends along with the relocation.


Who is entitled to the additional payment?


Many people believe that positions of trust are exempt from this rule, but the Superior Labor Court thinks differently. Jurisprudential Guidance No. 113 establishes that a position of trust or a provision for transfer in the contract does not eliminate the right to the additional payment, provided there is a temporary change of domicile.


In short, any worker temporarily transferred to another city is entitled to the payment.


A mechanism that balances priorities


The transfer allowance seeks to balance the company's needs with the real impacts of the change on the worker's life. Those who temporarily leave their city to meet a demand bear the burden of reorganizing their own lives. The 25% compensation recognizes this effort and reduces personal losses.


For companies, correctly following the legislation avoids future problems and strengthens the relationship with the team. For the worker, it guarantees fairer conditions during a period that already requires adaptation.


 

Source: N1N

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