One day after launching the possibility of extinguishing the anniversary withdrawal of the Severance Indemnity Fund (FGTS), the Minister of Labor and Employment, Luiz Marinho, backtracked. In a post on the social network Twitter, he wrote that the type of withdrawal will be “the subject of wide debate” between the FGTS Board of Trustees and the trade union centrals.
“Our concern is with the protection of male and female workers in case of dismissal and with the preservation of their savings”, wrote the minister.
The first statement about a possible end to the anniversary withdrawal was given yesterday (4) by the minister in an interview with the newspaper The globe. Then, the ministry’s own press office confirmed the information that the folder intended to close the modality.
“Whether or not the FGTS anniversary withdrawal will be maintained will be the subject of extensive debate with the FGTS Board of Trustees and with the trade union centrals. Our concern is with the protection of male and female workers in case of dismissal and with the preservation of their savings “, posted the minister on Twitter.
The maintenance or not of the FGTS anniversary withdrawal will be the object of wide debate with the FGTS Board of Trustees and with the trade union centrals. Our concern is with the protection of male and female workers in case of dismissal and with the preservation of their savings.
— Luiz Marinho (@luizmarinhopt) January 5, 2023
Since the anniversary withdrawal took effect in April 2020, 28 million workers have joined the modality and withdrew BRL 34 billion from the FGTS. On average, R$ 12 billion are withdrawn per year.
annual withdrawals
Through the birthday withdrawal, the worker can withdraw, each year, a part of the balance of any active or inactive account. The withdrawal period begins on the first working day of the worker’s birthday month. Values are available until the last business day of the second subsequent month. If the money is not withdrawn on time, it goes back to the FGTS accounts in the name of the worker.
Adherence to the anniversary withdrawal, however, requires care. Under current rules, when withdrawing a portion of the FGTS each year, the worker will no longer receive the amount deposited by the company if he is dismissed without just cause. The payment of the 40% fine in these situations is maintained.
At any time, the worker can give up the birthday withdrawal and return to the traditional modality, which only allows withdrawal in special cases, such as unfair dismissal, retirement, serious illness or the purchase of real estate. However, there is a shortcoming in modality reversal.
When returning to the traditional withdrawal, the worker will not be able to withdraw the balance from the FGTS account for two years, even in the event of dismissal. If he is dismissed, he will only receive the 40% fine.
