Fifth Business Day of October 2026 Is October 6
The deadline for September's salary payment is set for Tuesday, October 6
The fifth business day of October 2026, which marks the maximum deadline for September salary payments, falls on Tuesday, October 6. This rule, outlined in Article 459 of the Consolidation of Labor Laws (CLT), requires that payment be made, at the latest, by this day, considering days from Monday to Saturday and excluding Sundays and holidays.
Why October 6 is Important
For companies, this date serves as a reference for payroll scheduling. If the salary is not available by the fifth business day, the employee can seek legal advice and, in recurring cases, even request indirect termination.
How the CLT Defines Business Days
In the count, Saturday is considered a business day, even if the company does not operate on that day. Sundays and holidays are excluded. In October 2026, the sequence of business days is:
- October 1 (Thursday) – 1st business day
- October 2 (Friday) – 2nd business day
- October 3 (Saturday) – 3rd business day
- October 4 (Sunday) – not counted
- October 5 (Monday) – 4th business day
- October 6 (Tuesday) – 5th business day
Practical Advice for Employers
To avoid delays, it is recommended to schedule payroll and banking operations one or two days before the due date, ensuring that funds are available on the fifth business day. It is also important to check the applicable Collective Bargaining Agreement or Labor Agreement, as these may establish specific deadlines or penalties.
What Happens in Case of Delay
When payment exceeds the deadline, the employee can appeal to the Labor Court. TST Precedent 381 provides for monetary correction on salaries paid after the legal deadline, and the collective bargaining agreement may establish additional fines.
Indirect Termination and Other Consequences
Repeated or serious delays can constitute non-compliance with contractual obligations and justify indirect termination, allowing the employee to claim benefits equivalent to a dismissal without just cause.
How the Calendar Remains Unchanged in Election Years
Even with elections in October, the counting of business days remains unchanged. The fifth business day continues to be October 6, one day after the first round of the 2026 elections.
Based on information from Valor Econômico, NSC Total, Quero Bolsa.
Source: Valor Econômico, NSC Total, Quero Bolsa