Anyone who resigns may be entitled to FGTS soon

With the approval of the bill, the worker would be allowed to withdraw the FGTS amounts, even if he had resigned

Estimated reading time: 3 minutes

A bill (PL) is being processed in the Chamber of Deputies that provides for the amendment of the legislation that determines that the worker who resigns loses the right to withdraw the Severance Indemnity Fund (FGTS). In this way, the worker would be allowed to withdraw the funds from the fund, even if he had resigned.

This is PL 1747/22 authored by deputy Laercio Oliveira (PP-SE) and amends law 8036/90, which regulates the FGTS. Currently, the law only allows withdrawals in certain cases, such as retirement, real estate financing and treatment of serious illness.

Furthermore, the worker can have access to the fund only when the contract is terminated by decision of the employer. According to Oliveira, this rule deals unequally with the labor relationship between employee and employer.

“It is not fair for the worker to bear 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”says the deputy.

Progress of the project

Thus, currently, the project is in the Work, Administration and Public Service Commission (CTASP) and will need to go through the Finance and Taxation Commission (CFT) and the Constitution, Justice and Citizenship Commission (CCJ).

After choosing the rapporteur for the project at CTASP and approval by all the committees, the project that releases the FGTS for those who resign goes on for analysis in the Senate and, if approved, it will go on to presidential sanction.

What are the situations in which the FGTS withdrawal is released?

Currently, the law allows FGTS resources to be used only in the following situations:

  • Employees or dependents with HIV;
  • Employees or dependents with cancer;
  • Workers or dependents who are in the terminal stage of life;
  • Dismissal without just cause;
  • Annulment of employment relationship by agreement between employer and employee;
  • Purchase of your own home, liquidation or debt amortization or payment of part of the housing financing installments;
  • Termination of the contract for an established period;
  • Total or partial closure of the company;
  • Termination due to the fault of the employer and employee or due to force majeure (if the company is affected by natural phenomena or fire);
  • Retirement;
  • Anniversary withdrawal;
  • Natural disasters, such as floods and wind, lightning, in which the state decrees public calamity;
  • Employees aged 70 and over;
  • Staying without a formal contract for three consecutive years;
  • In the event of the employee’s death, judicially recognized dependents and heirs can carry out the withdrawal.

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About Yadunandan Singh

Born in 1992, Yadunandan approaches the world of video games thanks to two sacred monsters like Diablo and above all Sonic, strictly in the Sega Saturn version. Ranging between consoles and PCs, he is particularly fond of platform titles and RPGs, not disdaining all other genres and moving in the constant search for the perfect balance between narration and interactivity.

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