FGTS: dismissed from 2020 may have two withdrawals – 10/06/2023 – Market

The Lula government is considering releasing the FGTS (Service Time Guarantee Fund) termination withdrawal to workers laid off from 2020 onwards who opted for the anniversary withdrawal.

Created in 2019 during the Bolsonaro government, the withdrawal of part of the amounts from the Guarantee Fund on the worker’s birthday became permitted to all professionals with an account balance, but whoever opted for the measure would not have the money upon dismissal.

A project with the new rules has already been prepared by the MTE (Ministry of Labor and Employment) and is being studied at the Civil House and the Palácio do Planalto, awaiting approval from the President of the Republic to be sent to Congress.

The change, however, will only occur if Congress approves it.

In an interview with SheetMinister Luiz Marinho (Labor), stated that the intention is to correct an “injustice” towards workers.

“We are going to propose correcting a profound injustice against those workers who joined the birthday withdrawal, deluded, who were later remitted and did not know until then that they would not be able to withdraw their balance”, he said this Friday (6).

The minister’s focus is on the worker who took out the birthday withdrawal loan, in which it was possible to advance future amounts, even before the birthday. However, other professionals will also benefit from retroactive amounts, as long as the dismissal occurred from 2020 onwards.

In general, in the consignment of the birthday withdrawal, the banks proposed to advance up to five years of withdrawal, that is, five installments of FGTS on the anniversary, but with charging interest and loan fees.

“For example, a worker who had R$30,000 in his FGTS balance took out a loan from the financial entity for R$5,000, R$10,000. If he made R$10,000 and had R$30,000 , at least he has R$20,000 in balance. It’s his. The law made by Bolsonaro prohibits him from receiving it. That’s what we’re going to correct,” said Marinho.

For those who had a loan, it will be necessary to pay off the amounts they owe to the bank. In addition, a lock is being studied so that anyone who has already joined the modality and regretted it, cannot join again.

For others, the intention is to release both the option for a birthday withdrawal and the right to money upon termination.

Understand the FGTS birthday withdrawal

In this model, the worker can withdraw from 5% to 50% of the balance plus an additional amount. The percentage to be released varies according to the balance in the FGTS account.

Every year, there is a specific calendar with release dates according to the worker’s birthday month.

Those who adhere to the modality, however, cannot withdraw the balance upon termination, they only receive 40% of the fine. To regain the right to money upon unfair dismissal, the worker must wait 25 months after joining the other modality.

The rule was approved in 2019, but only came into force in January 2020.

How are the values ​​withdrawn?

The beginning of the withdrawal period for birthday withdrawal amounts begins on the first business day of your birthday month and lasts three months, ending on the last business day of the second month after your birthday.

For example, if a person’s birthday is in January, they can withdraw part of the FGTS between the first business day of January and the last business day of March.

See the calendar below:

Born in	Start of payment	Final date to withdraw the amount
January	first business day of January	last working day of March
February	first business day of February	last working day of April
March	first business day of March	last working day of May
April	first business day of April	last working day of June
May	first business day of May	last working day of July
June	first business day of June	last working day of August
July	first business day of July	last working day of September
August	first business day of August	last working day of October
September	first business day of September	last working day of November
October	first business day of October	last working day of December
November	first business day of November	last working day of January of the following year
December	first business day of December	last working day of February of the following year

How much can be withdrawn?

The amount to be withdrawn depends on the worker’s total balance in active and inactive accounts. The higher the balance, the lower the percentage that can be withdrawn. There is also an additional installment release, which varies depending on the balance.

Value in the FGTS account	Rate that can be withdrawn	Additional installment
Up to R$500	50%	–
From R$500.01 to R$1,000	40%	R$50
From R$1,000.01 to R$5,000	30%	R$ 150
From R$5,000.01 to R$10,000	20%	R$650
From R$10,000.01 to R$15,0000	15%	R$ 1,150
From R$15,000.01 to R$20,000	10%	R$ 1,900
Above R$20,000.01	5%	R$ 2,900

For example, if a person has a balance of R$1,000 in all FGTS accounts, they will have R$400 available at the 40% rate and another R$50 for the additional installment, which will give R$450 free for withdrawal. The remaining balance remains in the accounts.

What is the FGTS and how does it work?

The FGTS works as a savings account for the worker. The fund was created in 1966, with the end of job security, and came into effect in 1967. Every month the employer deposits 8% of the employee’s salary into an account opened for that job.

There is also a 40% fine on the FGTS if the worker is fired without just cause. Since the 2017 labor reform, there is also the possibility of withdrawing 20% ​​of the fine after agreement with the employer upon dismissal.

The fund, however, is used in public housing, basic sanitation and urban infrastructure policies, as provided for by legislation.

FGTS withdrawal is only authorized in 16 situations provided for by law. Other than that, the worker has no access to money.