FGTS: Government can modify the levy on the occasion of the birthday and release the balance for workers on redundancy pay;  the measure releases R billion

FGTS: Government can modify the levy on the occasion of the birthday and release the balance for workers on redundancy pay; the measure releases R$14 billion


The text prepared by the Ministry of Labor is in the Civil Chamber and will be submitted to President Lula; Marinho says his goal is to correct “injustice” towards workers

BRASÍLIA – The Minister of Labor, Luiz Marinho, is expected to present a bill to President Luiz Inácio Lula da Silva next week that modifies the rules of Service Time Guarantee Fund (FGTS) and which can inject up to R$14 billion into the economy.




The text, which is already in the Civil Chamber, releases the FGTS balance to workers dismissed without just cause who have joined the birthday withdrawal. The information was published by the newspaper The globe and confirmed by Estadao.

“The project simply aims to correct a distortion, an injustice towards the worker, who joined the birthday spoils,” the minister said in a video sent to Estadao. “Next week we will submit it to President Lula for examination, after a conversation with the ministers directly responsible,” Marinho said, underlining that the National Congress “will be able to take the appropriate decision”.

Created by law in 2019, under the Jair Bolsonaro administration, the birthday withdrawal allows workers to always withdraw from the fund in the month of their birthday. On the other hand, in the event of dismissal, he is prevented from accessing the amount accumulated in the FGTS account linked to that job.

According to the legislation, the worker can return to the withdrawal-dismissal mode (which allows redemption in the event of dismissal without just cause) only after 24 months.

Marine and his team are critical of the scheme and believe that the FGTS was created specifically to help workers in the event of redundancy and that, therefore, its purpose has been distorted. The technicians of the Ministry of Labor also understand that the rule, by allowing annual withdrawals, violates another objective of the FGTS, which is to create savings to finance investments in infrastructure.

The end of the anniversary looting was a promise made by the newly installed minister, but the issue is thorny due to the volume of support. At the beginning of the year, according to FGTS data, 28 million workers were in the mode. Furthermore, many beneficiaries took out bank loans with this money as collateral.

The bill also mentions this public. It establishes that redundant workers who have taken out a loan with this guarantee must, mandatorily, pay off their debts with the redeemed amount. “Let’s imagine a citizen who has R$30,000 in balance (in the FGTS) and asked for a loan of R $ 10,000. He will pay what he owes to the bank and will have the right to withdraw what remains in the fund, “explains the minister.

OR Estadao ascertained that the ministry is evaluating the possibility of prevent this dismissed worker, after having withdrawn the remaining FGTS balance, from returning to the birthday withdrawal. In this way, once again, it would only be linked to withdrawal-termination, avoiding periodic withdrawals from the fund.

Source: Terra

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