The worker who has a formal contract is entitled to the Severance Indemnity Fund (Fundo de Garantia do Tempo de Serviço).FGTS). However, the money deposited can only be withdrawn in specific situations provided for by law.
See also: Termination of the 40% FGTS fine and unemployment insurance
THE FGTS is created as soon as the citizen signs the employment contract. It is the responsibility of the employer to deposit an amount equivalent to 8% of the salary made available to the employee every month.
The percentage credited is not deducted from the worker’s salary, the amount being an additional paid to the employee. Remembering that the worker can only redeem the resources in specific situations. Check it out below.
Situations in which FGTS withdrawal is allowed
According to the legislation governing the FGTS, the amounts may be withdrawn in the following cases:
- Dismissal without just cause;
- Consensual dismissal (80% of the balance);
- Termination of the contract for a determined period;
- Being three consecutive years without a formal job;
- Termination for mutual fault or force majeure;
- Suspension of temporary work for more than 90 days;
- Be over 70 years of age;
- In retirement;
- Acquisition of own house;
- Debt amortization;
- In a situation of public calamity;
- Death of the holder (withdrawal will be the responsibility of the heirs);
- In cases of serious illness;
- Birthday withdrawal.
It is worth noting that the FGTS it is a right of every registered worker, domestic, single, temporary, intermittent and rural worker. The law also includes harvesters (active only during the harvest period) and professional athletes.
To check the amount available in your Guarantee Fund accounts and issue a deposit statement, access one of the following channels:
- application of FGTS (available for Android and IOS);
- Caixa Econômica Federal website;
- Caixa’s Call Center – calling 0800 726 01 01 and informing the CPF;
- Physical branches of the bank.
FGTS profit in 2022
The worker who carries out an activity with a formal contract and who had, on December 31, 2021, a balance in the accounts linked to the Fund, will be entitled to the profit of the FGTS in 2022. The correction of values always occurs on the last day of the year.
In practice, any account linked to the FGTS that has more than BRL 0.01 in balance can receive the profit, however, it is worth remembering that the greater the amount available on behalf of the worker, the greater the value of interest in profit.
However, it should be noted that even if the worker has withdrawn his values from the FGTS this year, he will continue to be entitled to the profit, since the correction of the amount took place on December 31st.
How do FGTS profit transfers work?
Since 2019, he has been the Board of Trustees of FGTS (CCFGTS) who determines the exact rate of transfer to workers who are entitled to profit. This occurred after President Jair Bolsonaro vetoed distribution to 100% of income and later to 50%.