The deposit of FGTS profit does not change the rules for withdrawing from the fund. Find out details about the subject.
Many people who have accounts with balances in the Employment Compensation Fund, FGTS, are still in doubt as to whether they will be able to withdraw the value of the net income obtained by Caixa. In all, they were R$8.12 billion deposited in workers’ FGTS accounts.
The problem is that this value does not change the existing rules for FGTS withdrawals. That is, in the cases provided for by law. The amount is added to the balance, but cannot simply be withdrawn.
Withdrawal of FGTS profit: criteria
Criteria for FGTS redemption remain the same:
- When unfair dismissal occurs;
- At the end of the contract for a specified period;
- In the event of termination of the contract due to the total extinction of the company;
- Removal of part of its activities;
- Closing of any of its establishments, branches or agencies;
- When the death of the individual employer, domestic employer or decree of nullity of the employment contract occurs;
- In cases of termination of the contract due to reciprocal fault or force majeure;
- Upon termination by agreement between the employee and the company. When this situation occurs, the employee is entitled to withdraw 80% of the FGTS account balance;
- Upon retirement;
- It is also possible to withdraw in cases of personal, urgent and serious need, when it results from a natural disaster caused by rains or floods that have reached the worker’s area of residence;
- Also in the suspension of independent work for a period equal to or greater than 90 days;
- When the worker’s death occurs and the family requests it;
- When the linked account holder is 70 years of age or older;
- When the worker or his dependent is HIV positive;
- When the worker or his dependent has cancer;
- When the worker or his dependent is in a terminal stage, due to a serious illness;
- When the worker remains for 3 uninterrupted years outside the FGTS regime (without a formal job), with leave from 07/14/1990, and the withdrawal, in this case, can be made from the month of the holder’s birthday account;
- When the linked account remains for three uninterrupted years without crediting deposits and the worker’s absence has occurred until 07/13/1990;
- For the purchase of a home, settlement or repayment of debt or payment of part of the housing financing installments granted under the SFH. In this case, you must be 3 years old under the FGTS regime;
- Do not hold any other funding under the SFH. Not owning another property;
- It can also withdraw for amortization, settlement of debit balance and payment of part of the installments acquired in consortium real estate systems.
Type of withdrawal-birthday
Another modality is the birthday serve. For this, it is necessary to make the request in advance by the worker. In this modality, part of the amount can be withdrawn.
However, the full amount will not be made available at the end of employment termination. If the person migrates to the withdrawal-birthday and decides to return to the withdrawal-withdrawal modality, he/she can do so.