The worker can only withdraw the FGTS in specific situations
The FGTS (Guarantee Fund for Employees) is like a savings account for workers with a formal contract. For this to happen, the employer must monthly deposit an amount equivalent to 8% of the minimum wage linked to the holder’s contract.
To withdraw an amount from inactive accounts will depend on the time it is requested. In fact, by law the Guarantee Fund can only authorize full redemptions from accounts only in specific situations.
When can the FGTS withdrawal be carried out?
The worker may withdraw the FGTS under the following conditions:
- Dismissal without cause;
- Termination by agreement between employer and employee;
- By closing the company: valid in case of partial or total extinction of the company, or establishment;
- Termination for reciprocal fault (employer and employee) or force majeure (if the company is hit by fire or flood, for example);
- Contract end;
- If a self-employed worker, employed through a professional association, is suspended for a period equal to or greater than 90 days;
- Worker’s death;
- Emergency or state of public calamity;
- Serious diseases;
- Employees who stay three years in a row or more without working with a formal contract;
- Acquisition of a home, settlement or repayment of debt, or payment of part of the mortgage payments.
There are only three cases of illnesses that will allow the worker to make the full withdrawal of the FGTS:
In cases of cancer, HIV virus and terminal stage due to serious illness.
Some cases of terminal illness: multiple sclerosis, progressive muscular dystrophy, irreversible paralysis, among others.
There are other situations in which workers will be able to withdraw the available balance of the FGTS:
- Vital organ transplants;
- Orthopedic prostheses;
- Surgeries for preservation or recovery of vision, or hearing;
- Purchase of hearing aid.