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Limit of 5 minimum wages per worker for priority payment of strictly salary-related credits due in the 3 months prior to the judicial recovery request
AnswerThe limit is 5 minimum wages per worker for strictly salary-related credits due in the 3 months prior to the judicial recovery request.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criteria | Consequence | Source | Data of the rule |
|---|---|---|---|---|
| Debtor in judicial recovery | Strictly salary-related credits due in the 3 months prior to the request | Priority payment within 30 days, limited to 5 minimum wages per worker | Law 11.101/2005, art. 54, § 1º (amended by Law 14.112/2020) | 20/01/2020 (effective date of Law 14.112) |
Data consulted on 02/10/2026.
Basis
- Law No. 11.101/2005 (Planalto, in Portuguese): Art. 54, § 1º, states that the judicial recovery plan cannot provide a period longer than 30 days for the payment of strictly salary-related credits due in the 3 months prior to the request, up to a limit of 5 minimum wages per worker.
How it applies
The limit of 5 minimum wages per worker applies to strictly salary-related credits due in the 3 months prior to the judicial recovery request. Payment must be made within 30 days, as provided in the judicial recovery plan. If the plan does not comply with this limit or deadline, the judge may declare the debtor bankrupt.
Limits
- The 5 minimum wages per worker limit does not apply to labor credits due before the 3 months prior to the request or to non-strictly salary-related credits (e.g., severance pay, unused vacation, FGTS).
- Law 11.101/2005 does not provide for monetary correction or updating of minimum wage values after 2020; the limit must be calculated based on the value in effect on the date of the request.
- This document covers only judicial recovery; extrajudicial recovery follows different rules (Art. 163, § 1º, of Law 11.101/2005).
- Changes after Law 14.112/2020 should be verified on the Planalto.