Many workers would like to withdraw the FGTS (Fundo de Garantia do Tempo de Serviço) whenever they want. However, current legislation does not allow this to occur, as it is necessary to be dismissed without just cause or to retire to have full access to the Fund’s values. However, a Bill (PL) may soon change this reality.
The Chamber of Deputies analyzes the PL that aims to allow the withdrawal of the FGTS even when the employee resigns from the company in which he works. This would make it easier for disgruntled workers to leave the company without the fear of being financially helpless.
Can new FGTS withdrawal without just cause come true?
The bill was proposed by deputy Laercio Oliveira (PP-SE) and aims to amend Law 8.036/90, which establishes a series of regulations about the FGTS. Practically, it is possible for the worker to withdraw the FGTS under the following conditions:
– Unjustified dismissal;
– Real estate financing;
– Officially decreed public calamity situation;
– In the event of disasters;
– In situations of serious and terminal illnesses (which are entitled to retirement).
In addition, currently, the FGTS withdrawal can also be done through the “birthday withdrawal” modality, in which the worker gives up obtaining the money through dismissal and starts to receive a slice of the balance every year, in the month in which celebrate the birthday.
Finally, it is possible to make loans with the FGTS balance on consignment. The problem is that, in this case, there is no actual withdrawal, since the loan steals a good part through the interest applied.
In the view of the deputy proposing the project “it is not fair that the worker bears the cost of termination. The employee without immediate access to his FGTS and without unemployment insurance, which were acquired with the exercise of his work, is unable to exercise a consolidated right”. The speech was published by the Câmara de Notícias Agency.
See too: FGTS WITHDRAWAL for the unemployed: Learn more!
What does it take for the proposal to go into effect?
The text of the PL that makes it possible to withdraw the FGTS in the event of voluntary dismissal still needs to be appreciated by various committees within the Legislative Power to be forwarded to the government. After that, the National Executive has the power to approve or veto the measure.
However, there is still no date for the project to be widely analyzed and approved. For now, the proposal is nothing more than an intention, which can receive support from the majority. In the view of some experts, the withdrawal of the FGTS has been made more flexible over the years.
See too: Know 7 situations that ALLOW you to withdraw the FGTS profit