Does a worker dismissed for cause lose the right to the FGTS? Understand

In case of dismissal for just cause, the employee is entitled to withdraw from the FGTS only on a few occasions. Check details.

THE dismissal for cause it is known for involving differentiated procedures when settling the worker’s accounts. This also covers the recovery of the Employment Compensation Fund (FGTS). Dismissal for cause is usually related to attitudes of indiscipline or some type of legal misdemeanor.

The dismissed employee loses, for example, the right to pay notice and receive compensation, among other things. In relation to the FGTS, however, the situation is a little different, as the retained money continues to belong to the worker.

As the fund is collected over the time the person worked with a formal contract, this amount remains with the employee. However, the withdrawal can only be made if there are some special conditions. The first difference in relation to the FGTS on dismissal for just cause is the fact that the employer does not need to pay the 40% fine on the total value of the fund.

Furthermore, the person who has been sent away can only withdraw the value which was deposited by the company during the working time if you spend three years unemployed. This without the work card being signed. Even so, some factors allow the withdrawal of the FGTS to be immediate:

  • Retirement;
  • Buying your own home;
  • Serious illness;
  • Terminal health status (in this case, a legal representative can carry out the withdrawal to assist in the treatment);
  • Age 70 years and over.

In the event of the worker’s death, his/her legal heirs (children or spouse, for example) can receive the FGTS. In these cases, the withdrawal of the total amount is released in accounts classified as active or inactive.