‘I lost everything in the flood’: how to prove time of service to the INSS without documents?

Public servant Luiz Carlos Pinto, 69, does not have the documents to prove the time of contribution to retire by the INSS (National Institute of Social Security).

He has worked at the São Paulo City Hall for 21 years, but his work card, payslips and termination of employment related to the previous period were lost in a flood at his residence.

Although all the companies in which he worked were listed in the Cnis (National Register of Social Information), the INSS asked for documents to prove it. “It turns out that these are companies I worked for over 40 years,” he says. “I looked for companies and couldn’t find any more, most went bankrupt or closed.”

The INSS confirms that the insured’s information is included in the Cnis, but says that during the analysis it found that the data necessary for the granting of benefits were incomplete or with possible errors. “Some examples are bonds without the date of dismissal, admission before the start of the company’s activity, etc.”, informed the institute.

Social security legislation provides that the INSS may request the presentation of supporting documents when the necessary data are not included in the Cnis, and also if there is doubt about the regularity or origin of the information, motivated by divergence, extemporaneousness or insufficient data.

According to the INSS, that is why, after analyzing the process, the institute requested the presentation of documentation. “Mr Luiz did not present the requested documentation and the request for retirement by age was rejected on 3/2/2022, because he did not prove the necessary requirements to be entitled to this benefit”, said the institute.

How to prove activity for the INSS?

In addition to the work card, there are other documents that can be presented to prove activity. The INSS cites the following examples:

• employment contract and term of contract termination
• copy of the company’s employee registration form
• pay stubs
• extract from FGTS (Fundo de Garantia do Tempo de Serviço)
• vacation voucher
• income tax returns

If the worker does not have these documents, the recommendation is to seek the companies for which he provided services to gather the records. It is possible to check the status and current address of former employers on the Federal Revenue website, with the company’s CNPJ.

The INSS informs that, if the company has gone bankrupt or closed, the worker can check the name and address of the responsible judicial administrator or of the former partners at the Board of Trade to obtain the documents.

The lawyer specializing in social security law Rômulo Saraiva explains that, in relation to the Board of Trade, the insured can obtain a copy of the social contract to know the corporate composition and, from there, identify who can answer for the company.

According to Saraiva, it is common to obtain a statement from the former employer specifying the duration of the employment contract and the functions performed.

In the event of death, the legal representative of the estate may be responsible for some social security issues, such as writing off or rectifying a work permit and providing documents. “If the partner died, it is possible to have demands against the estate, which has the legitimacy to provide information about the closed company”, says Saraiva.

If it is compatible with the INSS demand, the documents listed in article 48 of Normative Instruction 128 can be presented to regularize the situation. Are they:

• CP (Professional Card) or CTPS (Work and Social Security Card)
• Original or certified copy of the Employee Registration Form or Employee Registration Book, where the worker is registered, accompanied by a statement provided by the company, signed and identified by the person in charge
• Individual employment contract
• Collective labor agreement, characterizing the worker as a signatory and proving his registration with the respective DRT (Delegacia Regional do Trabalho)
• Term of contractual termination or proof of receipt of the FGTS (Service Time Guarantee Fund)
• Analytical extract from FGTS linked account, stamped and signed by an employee of Caixa Econômica Federal, containing data on the employer, admission and termination dates, deposit dates and monetary restatements of the balance for the period that needs proof
• Payment receipts at the time, with identification of the employer and employee
• Certified copy of the card, book or time sheet, accompanied by a statement provided by the company, signed and identified by the person responsible
• Other physical documents that can prove the exercise of activity in the company

Ideal is to start solving Cnis pending issues as soon as possible

Saraiva recommends that workers begin to resolve the Cnis measures as soon as possible, even if they are not close to retirement, to avoid postponing the benefit.

To verify the need for rectifications, the lawyer recommends consulting the social security extract through the Meu INSS app or website or at Social Security agencies. See how to obtain the contribution statement and other most sought after services on Meu INSS.

How to make a complaint against the INSS?

Send an email to [email protected], with a summary of the case, full name, contact telephone number and CPF number.