What it means FGTS? The abbreviation corresponds to Length of Service Guarantee Fund. The purpose of the benefit is to protect the worker dismissed without just cause, through the opening of an account associated with the employment contract.
Every month, the employer must deposit 8% of the salary paid to the employee in the account corresponding to the fund. The Brazilian worker who occupies a function in the sphere of formal work, governed by the CLT (Consolidation of Labor Laws), is entitled to the benefit.
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It is up to the employee to monitor the status and balance of his/her monthly FGTS account so that there are no divergences in relation to monthly deposits. When the employee ceases to be part of a company's staff, the deposit related to the benefit is stopped, changing the FGTS account status to inactive.
O inactive FGTS
it is nothing more than the account that no longer receives monthly deposits from employers. Therefore, it is understood that the person is no longer part of the company's payroll.
It is important to mention that even inactive, the account remains linked to the former employee, receiving interest and monetary correction on the accumulated balance.
In 2017, Law No. 13,446 consented to the movement of accounts linked to an extinct employment contract until December 31, 2015.
With the termination of the employment relationship, the employee dismissed without just cause can go to a Caixa Econômica branch and withdraw the FGTS within 5 working days.
In cases where the worker remains unemployed for three years under the rules of the CLT, the withdrawal of money from the account is only allowed from the month of his birthday.
With the enactment of Law 13,467 of July 2017, there was a change in the FGTS withdrawal rules. Now, even if you ask for termination of the contract, you will also be entitled to the benefit.
In cases of retirement, the beneficiary also acquires the right to withdraw money from their FGTS account.
However, for these cases, the amount withdrawn will be 80% of the account balance and does not allow the former employee to participate in the Unemployment Insurance program.
On the remaining 20%, in cases of contract termination through an agreement between employee and employer, the amount will revert to the owner of the company in the form of a fine for termination purposes.
In short: you are only entitled to withdraw the inactive FGTS in the following cases:
Now that you already know about what it is and how it works FGTS rules, see the step-by-step guide on how to check your inactive FGTS balance.
1st Access the page of Caixa Econômica Federal website;
2nd Then, type your CPF number and password in the search bar. If you have not yet registered, enter your CPF number and click on “register/forgot password”.
3º Read the contract adhesion term and fill in the form with the requested information and then click “confirm”;
4º Define your access password and confirm your choice by typing it again in the following fields;
5º After completing the registration of the password, return to the initial address (Step 1) and enter your e-mail address, CPF or PIS number again. Then enter the password you just created and click “ok”;
6º If there is indeed an inactive account with the FGTS, you will receive a message informing the situation and the amount available.
At the end, you will be able to monitor your balance and information regarding your inactive FGTS.
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