For the withdrawal of the amount, the worker must comply with the events provided for by Law, such as retirement, three years out of the regime or acquisition of own home
All chances of withdrawal from Severance Indemnity Fund (FGTS) are provided for in Law 8.036, of 1990. One of them protects the worker who was fired without just cause. In this case, the employee who chooses withdrawal withdrawal you will be entitled to withdraw the entire account balance for that job. who adheres to birthday loot, a modality in which part of the money can be withdrawn up to two months after the birthday, loses the right to withdraw the total balance, but still receives a 40% termination fine when dismissed without just cause. The company will even have 10 days after termination to make the payment. If the person does not withdraw the money, that account will become “inactive”. If you are currently employed and registered under the CLT regime, you certainly have an active FGTS account. In the same way, if you have had previous professional experiences registered under the CLT regime, you have inactive accounts. Therefore, the account becomes inactive every time it stops receiving deposits.
Another case of inactive account happens when the employee resigns or is fired for just cause. As the termination of the contract in both cases does not fit the “just cause” rule, that is, it is not provided for in the law, the money will remain in the account until the person falls into one of the other hypotheses that allow the withdrawal of the FGTS. “Article 20 says, in one of its items, that, if the worker is out of the Guarantee Fund regime for three years, he/she can use the account that is inactive”, explains the lawyer specializing in Labor Law, Domingos Savio Zainaghi . The person is out of the FGTS regime when he does not have a formal contract. That is, when she is a public servant, self-employed or when she is unemployed.
The inactive account can also be operated on the following occasions: retirement; personal need, urgent and serious, arising from natural disaster caused by rains or floods that have reached the worker’s area of residence; when the emergency situation or state of public calamity is thus recognized, through an ordinance of the federal government; worker’s death; age 70 years or older; HIV or cancer carrier; terminal stage due to serious illness (worker or dependent) and home ownership, settlement or repayment of debt or payment of part of the housing finance installments. In these cases, the full withdrawal of active or inactive FGTS accounts is allowed.
In 2020, due to the coronavirus pandemic that hit Brazil, the president’s government Jair Bolsonaro (no party) has released a new modality: the emergency withdrawal. “Provisional measure 946/2020 allowed the worker to withdraw up to R$1,045. But this MP lost its validity in August 2020 and, since then, there has been no such withdrawal”, says Nicolau Olivieri, a specialist in Labor Law. In 2019, Caixa Econômica Federal also allowed the immediate withdrawal of R$ 500. The measure was valid until March 2020. “This possibility of 2019, at the time, was to try to heat up the economy. Turns and moves has a federal government rule that allows you to withdraw some amount from the Guarantee Fund accounts for this purpose or to deal with any calamity”, details Domingos Savio Zainaghi.
How to withdraw from FGTS?
The first step is to check the available balance. The query can be made on the website of the Federal Savings Bank, through the apps available for the Android and iOS systems, through Caixa’s Internet Banking or through SMS or email. To sign up for these services, click here. Employees who do not have SMS or e-mail services receive the FGTS statement at their home address every two months. If not, the worker must inform their full address here, or at a Caixa branch or, if you prefer, by calling 0800 726 01 01. You must have your NIS/PIS numbers in hand. It can be found on the Work Card, on the Citizen Card or on the printed FGTS statement. In addition to the number, personal data such as CPF and date of birth are requested. Specific documents are also required, depending on the circumstances in which the worker requests the withdrawal from the FGTS.
When there is a contract termination, it is up to the employer to communicate what has happened to Caixa, through the Conectividade Social electronic channel. In up to five working days, the worker can withdraw his/her benefit. In other cases, the withdrawal request is made by the worker or his representative at a Caixa branch. The request can also be made through the FGTS application.
for value equal to or less than BRL 1.5 thousand, the withdrawal can be made in ATMs at Caixa branches. The withdrawal can be done without the Citizen’s Card, just informing the PIS/PASEP/NIT/NIS number and password. for value equal to or less than BRL 3000, withdrawals can be made at lottery units, Caixa Aqui correspondents, electronic service points and self-service rooms for workers who have a citizen’s card and password. In other situations, the withdrawal of funds can be carried out at any Caixa branch.
Caixa also released the modality of digital withdrawal. Just access the FGTS application to consult the amounts already released and request the withdrawal, indicating an account owned by you, from any bank. The amount will be available on account after five working days. The worker can also upload documents, in addition to following the steps between the request and the release of amounts for the withdrawal.