The new rules that limit the anticipation of birthday withdrawals from the Service Time Guarantee Fund (FGTS) come into force this Saturday (1st). The change, approved by the FGTS Board of Trustees and implemented by Caixa Econômica Federal, changes the operation of loans that allow workers to anticipate future fund values.
According to the Ministry of Labor, the objective is to prevent workers from being left helpless in the event of dismissal and reduce the impact of the modality on FGTS resources, which also finance housing programs and infrastructure works.
Currently, 21.5 million workers, equivalent to 51% of active FGTS accounts, have joined the birthday withdrawal, and around 70% of them have already carried out advance operations with banks.
What is the birthday withdrawal?
- Created in 2019, the modality allows workers to withdraw part of their FGTS balance every year, in the month of their birthday.
- Membership is optional and can be done via the FGTS app, on the Caixa website or at branches.
- By opting for the birthday withdrawal, the worker gives up the possibility of withdrawing the total balance of the fund in the event of unfair dismissal – only retaining the right to a 40% termination fine.
How does anticipation work?
- The advance of the birthday withdrawal works like a bank loan: the worker asks the bank to advance the amounts that he or she would be entitled to withdraw in the coming years;
- In exchange, the bank charges interest and uses the FGTS balance as collateral for the operation;
- Until now, there was no limit on installments, value or number of operations.
- It was possible to anticipate up to 10 years of withdrawals and contract more than one operation at the same time.
What changes from this Saturday?
With the new rule, the government imposes limits on value, number of installments and contracting period.
See the main changes:
| Old rules |
New rules |
| No limit on installments or advance amount | Maximum of five installments in the first year and three installments from 2026 onwards |
| No maximum amount per withdrawal | Each installment must be between R$100 and R$500 |
| Possibility of several simultaneous operations | Only one advance per year |
| No minimum term after joining |
Minimum period of 90 days (grace period) between signing up for the birthday withdrawal and taking out the loan |
In the first year, the worker can advance up to R$2,500 (five installments of R$500). Afterwards, the limit drops to R$1,500 (three installments of R$500).
Why did the government make the change?
The Ministry of Labor explains that the anticipation has caused losses to many laid-off workers, who are left without access to the FGTS balance because they had given it as collateral for the loan.
“The worker, when fired, often finds himself without resources, because the account balance is blocked by the bank”, said minister Luiz Marinho, adding that “in addition, the practice weakens the FGTS as an investment fund in housing and infrastructure”.
The Minister of Finance, Fernando Haddad, also praised the restrictions, classifying the old practice as “one of the greatest injustices against workers”.
What will joining the birthday withdrawal be like with the new rules?
- Workers can check their balance, choose or cancel membership of the birthday withdrawal via the FGTS app (available for Android and iOS).
- Anyone who wants to join the modality must wait 90 days before being able to request advance payment at a bank.
- If the worker is fired during the anticipation period, he will not be able to withdraw the blocked balance — only a 40% fine.
