Withdrawal FGTS birthday: fired will be able to get money? – 02/17/2023 – Market

The government of President Luiz Inacio Lula da Silva (PT) has been promising changes to the FGTS (Senior Severance Indemnity Fund) birthday withdrawal rules, which could happen as early as March of this year.

So far, there is no definition about all the changes that will be made, when they will be implemented and whether workers who opted for the modality —including anticipating amounts in bank operations— will be able to withdraw the Guarantee Fund if they are fired.

What is known is that the Minister of Labor and Employment, Luiz Marinho (PT), will take proposals to the next FGTS Board of Trustees, which meets next month and has autonomy to approve changes.

The minister publicly defends that all workers have the right to withdraw money from the FGTS in case of dismissal, including those who opted for the birthday withdrawal. According to him, his position has a majority in the collegiate, indicating that the new rules should be approved without difficulties.

To understand what is under discussion, see the answers to some of the main questions about changes in the FGTS birthday withdrawal.

What is the FGTS birthday withdrawal?

Created in 2019, during the government of President Jair Bolsonaro (PL), the modality allows the worker to withdraw, once a year, a percentage of his balance, plus an additional installment (the amount varies according to the total available in the account). of the FGTS).

Adhesion is voluntary, but those who opt for the birthday withdrawal no longer have the right to withdraw the entire FGTS balance if they are dismissed by the employer without just cause. Only the 40% fine is maintained.

It is also possible to advance the amounts in a banking institution, using the fund as collateral for the credit operation. It works like a loan, in which the worker receives the entire contracted amount at once and pays interest to the bank.

Will the Lula government put an end to the anniversary withdrawal?

The anniversary withdrawal has been attacked by Marinho since the first days in charge of the Labor and Employment portfolio.

The minister is in favor of abolishing the modality, arguing that the Guarantee Fund was set up with the aim of protecting workers in case of dismissal.

On several occasions, Marinho called the anniversary withdrawal a “decoy” and a “trap”. “Whoever is fired cannot withdraw the balance. It leaves the worker on the street of bitterness at the moment when he most needs to withdraw. He is optional, but he is wrong”, he said in an interview with Sheetin January.

What is the procedure to end the modality?

Because it was instituted by law (13.932/2019), the abolition of looting needs to pass through the National Congress – or occur via MP (provisional measure).

“The decision to end the anniversary withdrawal or not will depend on the government. Depending on me, it ends,” he said in an interview with SBT News this Thursday (16).

However, changes to the rule can be made after deliberation by the FGTS Board of Trustees, including authorization for workers who opted for this modality to withdraw the fund if they are fired.

Will those who anticipated the birthday withdrawal access the FGTS if they are fired?

In the interview with SBT, Marinho said that people who have anticipated the birthday withdrawal will be able to withdraw the FGTS if they are fired. The proposal, however, still needs to be taken to the board meeting next month.

On the occasion, Marinho cited the example of taking out a loan in the amount of R$22,000. Even if the worker has BRL 50,000 of FGTS balance, the entire amount is blocked as guarantee for the financial transaction.

“In my perception, the banks are taking the workers’ Guarantee Fund and charging interest,” he said.

Does the proposal only include those who used the FGTS as loan guarantee?

Sought, the Ministry of Labor and Employment did not clarify whether Marinho’s proposal only involves workers who made advance payments (loan) or all professionals who opted for the birthday withdrawal and only make the annual withdrawal at Caixa.

According to the folder, the topic is still under discussion and the details have not been defined.

How do banks get into this situation?

The minister considers that the banks that anticipated amounts to workers using the FGTS as collateral will not default. According to him, his technical team is working on a rule.

However, Marinho says he is not worried about the banks in this discussion, adding that the financial institutions are “doing a trick” with a fund that should protect the unemployed.

In the interview given to SBT, the minister hinted that the idea is that the amounts committed in the loan operation (advance amount plus interest charged by the financial institution) are blocked, but that the remainder of the FGTS balance can be withdrawn upon termination .