Thousands of workers may have the opportunity to receive in this year 2022 amounts that can exceed R$ 10 thousand. The possibility exists through the review of the FGTS (Fundo de Garantia do Tempo de Serviço), which since last year ended up gaining strong repercussion due to the forecast of judgment of the subject by the STF, in addition to being a subject that includes thousands of people.
To explain about the FGTS review we need to explain first how the Guarantee Fund works and we will do it in a very summarized way so as not to occupy your time.
As a general rule, the FGTS is nothing more than a fund on behalf of the worker linked to the employment contract where companies need to deposit monthly the equivalent of 8% of the worker’s gross salary in this fund linked to Caixa Econômica Federal.
What happens is that while the worker does not withdraw the Guarantee Fund, every month the amount increases in value in view of the new deposits of the employer.
However, while deposits are made by the company and the worker does not withdraw, the FGTS is used by the government to finance housing, sanitation, infrastructure and health programs.
As a result, the worker becomes an “investor” in government works. Therefore, to pay for this “loan”, the government performs an annual correction of the values so that the workers’ money is not lost in the face of inflation.
However, one of the indexes used by the government for several years is the Referential Rate (TR), an index that has been zero since 1999, that is, whenever the government corrects the workers’ FGTS values, they are not earning anything, since the index is zeroed.
FGTS review asks for TR amendment
As a consequence, the revision of the FGTS is nothing more than a legal thesis that asks for the change of the Referential Rate for another fairer correction index, which can at least correct the balance of workers against inflation, such as, for example, the INPC and the IPCA.
In addition to requesting the change of this Reference Rate, the thesis asks that all the money lost over the years through the application of an index that is zero be refunded.
Thus, all workers who have worked since 1999 when the TR zeroed, may be entitled to receive the correction of values with the application of a new index such as the INPC and IPCA, values that according to estimates exceed R$ 300 billion. .
According to the LOIT FGTS platform, a specialist in carrying out the correction calculation, the average values at which workers have to receive can reach R$ 10 thousand.
However, it is worth remembering that the values depend from person to person, where many may have high values to receive above R$ 10 thousand and others may have little more than R$ 100 to be refunded.
Review awaits judgment
The review of the FGTS will be judged by the Federal Supreme Court (STF), a judgment that was scheduled to take place in May 2021, when the topic gained repercussion again.
However, the STF ended up postponing the judgment of the subject due to the Covid-19 pandemic period, where the possible approval of a measure as it is could impact the government’s public coffers.
However, since the postponement of the trial, the STF has not yet set a new date to decide on the subject, a date that is expected to be set and judged later this year 2022.
How do I know if I’m entitled to a review?
The review of the FGTS is intended for all workers who have worked with a formal contract for at least some period since 1999, when the Referential Rate was zeroed.
However, the review does not pay off for all workers, as mentioned earlier, there are people with a lot to receive and others with little.
To check if they are entitled, it is recommended to access the FGTS statement for all years since 1999, which can be obtained through the mobile application entitled (FGTS) and access any calculation platform such as LOIT FGTS.
However, in advance we can say that the review is usually more advantageous for workers who worked longer after 1999 with a formal contract.
In the case of workers who, after 1999, did not have a formal contract, or worked for a very short time on record, the review may end up not being beneficial, given that under these conditions there were few FGTS deposits in the worker’s accounts.