Paying the INSS is an obligation of the formally employed worker, but also a right. In this sense, if payment is not made, the individual loses his insured rights. Therefore, it is important to know if the company is making the correct transfer and what to do if it is not.
See too: My INSS: How to consult contributions and issue the social security statement (CNIS)
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By having your portfolio signed, it is an employee's right to be insured by the INSS. Therefore, it is the company's obligation to pay monthly contributions to Social Security. However, several times, it may happen that the INSS amount is deducted from the employee's salary and not transferred as it should.
This situation is extremely problematic, as if payments are not made, the employee will not be entitled to receive their benefits when they need it. This occurs because the period in which the payment was not made will be disregarded from your contribution time.
With that, when retiring for contribution time, for example, you may be denied retirement or receive a lower amount than you should. In addition, other aid may not be granted because it appears to the INSS that you have not completed the necessary grace period to receive that benefit.
However, you will not lose your insured status and you will not be without your benefits for a long time. However, you will need to prove that it was the company's mistake and that you made your contributions. Therefore, it is important to check your Contribution Statement on the Meu INSS website or application with certain frequency, to check if the transfer is being made, and thus avoid major problems in the future.
As the company has an obligation before the Brazilian courts to make the due transfer of the INSS payment, it will have to bear the consequences of this lack of payment. In addition, inspection is also not an obligation of the employee, but of the Federal Revenue. However, you will need to gather evidence that demonstrates that you were actually working during the period when the INSS was not paid. Once this is done, the INSS will charge the company, which will suffer the penalty determined by the legislation for situations like this.
