What is the Severance Pay Guarantee Fund (FGTS)?

This employment benefit was created with the aim of protecting workers who are dismissed without just cause, by opening an account linked to the employment contract.

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You've probably heard of the Severance Pay Guarantee Fund (FGTS), right?

To help you better understand the FGTS and its main benefits, we have prepared this article.

Severance Pay Guarantee Fund (FGTS): what is it?

The FGTS is a fund created by the federal government to form a financial reserve for workers.

At the beginning of each month, employers deposit into accounts opened at Caixa Econômica Federal the amount corresponding to 8% of each employee's salary.

In this way, the fund will be made up of the total monthly deposits.

It is important to make it clear that this amount belongs to the worker, who, depending on the situation, can withdraw the money.

Until the amount is redeemed, Caixa will apply these resources in some areas, such as social housing and urban infrastructure.

By law, FGTS yields 3% per year plus the reference rate (TR).

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When is it possible to withdraw FGTS?

According to the legislation that establishes the benefit, the worker may withdraw the money in the following situations:

· Dismissal without just cause;

· Consensual dismissal (80% of the balance);

· Termination of a fixed-term contract;

· Being without a formal job for three consecutive years;

· Termination due to mutual fault or force majeure;

· Suspension of casual work for more than 90 days;

· Be over 70 years old;

· In retirement;

· Acquisition of your own home;

· Debt amortization;

· In a situation of public calamity;

· Death of the holder (withdrawal will be made by the heirs);

· In cases of serious illness;

· Anniversary withdrawal.

Source: Accounting Journal

How do I check the Severance Pay Guarantee Fund (FGTS)?

There are three ways to check your FGTS: SMS, correspondence or via the smartphone app.

Every two months, Caixa sends a letter with the necessary information to the worker's registered residential address.

If you are not receiving the statement or SMS, you must provide your full address on Caixa's Social Services page, at a branch or by calling 0800 726 01 01.

To access FGTS via your cell phone, follow these steps:

• In your cell phone’s app store, search for “FGTS”

• Click install and open the application

• Click on the “Register” option

• Fill in the requested information and create a password (with six digits). If you already used the app, you can repeat the same password number that you used before.

• After entering all your data, click on “I'm not a robot”

• You will receive a confirmation link in your email. Access and click on the link that was sent

• After registering, open the app and enter your CPF and registered password.

• When you log in, some questions about your working life will appear

• Answer the questions and accept the application's terms of use

Once you have completed all these steps, you will be able to use the FGTS app.

If you have any questions, visit the website Federal Savings Bank for more information.

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Labor reform — changes to the FGTS

At the end of 2017, some changes were made to Law No. 13,467, which brought several changes to the FGTS.

Before approval, if you resigned or were dismissed for just cause, you would not be entitled to withdraw your FGTS, unemployment insurance or the 40% fine on FGTS deposits.

These benefits were only available if the worker was dismissed without just cause.

With the changes, workers and companies can agree to terminate the contract with the guarantee of certain benefits.

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How do I withdraw my Severance Pay Guarantee Fund (FGTS)?

There are several ways to withdraw your FGTS.

The first step is to gather all the mandatory documents according to your situation.

It is important to have all the requested documents on hand, as without them, it is not possible to make the withdrawal.

Below, see the documents that are requested in all cases, regardless of the situation:

• Photo ID

• PIS/PASEP number

• Work permit

Once you make the request, you will be able to withdraw the money within 5 business days.

Withdrawals can be made at Caixa Econômica Federal branches, Caixa Aqui Correspondents, Lottery outlets and Electronic Service Points.

It is also possible to withdraw FGTS through account credit. However, this option is only available to Caixa account holders.

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What is the citizen card for FGTS?

The citizen card aims to facilitate access and guarantee the receipt of social and labor benefits, such as FGTS, Salary Bonus, Unemployment Insurance and Auxílio Brasil, for those who do not have an account at Caixa.

To guarantee your card, always keep your address and telephone number up to date.

The card can be used on payment channels authorized by Caixa.

If you already have an individual account at Caixa, you can have the benefit credited directly to your account, without needing to issue a citizen card.

If you have any social or labor benefits to withdraw and do not yet have the card, you can make the request by calling 0800 726 0207 or at any Caixa branch.

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What to do if the company does not deposit the FGTS correctly?

If your employer is not making the deposits, you can contact the company and demand the outstanding amounts.

You can also go to any service point of the Labor Secretariat of the Ministry of Economy.

In addition, there is the possibility of contacting the category's union, so that it is possible to take steps to regularize the deposits.

Conclusion

We hope this article has helped you to clarify your main doubts about the Severance Pay Guarantee Fund (FGTS).

For more information, you can visit the FGTS or Caixa Econômica Federal websites!