FGTS: see 16 situations that allow the withdrawal of values

The federal government is studying the release of a new round of withdrawals from the FGTS (Fundo de Garantia do Tempo de Serviço). The authorized amount must be up to BRL 1,000 per professional, but the average must be below that because some accounts have a lower balance. In all, 40 million can be benefited.

Even though it is a worker’s fund, access to money is limited and can only be done in situations provided for by law, such as unfair dismissal, purchase of a home and retirement, among others. There is also a new modality, created in 2019, which is the birthday loot.

The money from the Guarantee Fund is deposited monthly by the employer in the case of employees hired through the CLT (Consolidation of Labor Laws). The amount corresponds to 8% of the salary. In each company where the worker is registered, a new account is opened. To check how much is available, the worker can access the FGTS application.

In recent years, FGTS values ​​have been used to try to solve economic crises. In 2020, in the midst of the coronavirus pandemic, the government released the withdrawal of up to one minimum wage (R$ 1,045 at the time), in the so-called emergency FGTS. In 2017, Michel Temer released the withdrawal of amounts in inactive accounts, when, for example, the worker resigns from the company, in which case he does not have access to the fund.

According to Caixa, the balance of the worker’s FGTS account is corrected every 10th of the month. When requesting the withdrawal, the citizen can request that the payment be made after the credit of interest and monetary correction for that month.

To request the redemption of the money, however, the professional needs to pay attention to the necessary documentation. Only in case of dismissal without just cause or termination of the temporary contract, the employer must send the documents. In other cases, they must be presented by the citizen.

Cash withdrawal also has rules. For those who have a Citizen Card and will withdraw up to R$ 1,500, the money is withdrawn at lottery, ATMs and Caixa Aqui correspondents. For higher values, the worker needs to go to an agency, with an identification document.

There is also a new modality, digital withdrawal, a service available since February 2020. In it, the professional accesses the FGTS application to consult the amounts already released and request the withdrawal, indicating an account held in any bank, without the need for go to an agency.

Know the situations that allow the withdrawal of the FGTS

1 – Dismissal without just cause

• When the worker leaves the company by decision of the boss, without just cause for dismissal, he has the right to withdraw his Guarantee Fund
• There is also payment of a 40% fine on the amount accumulated in that account
• In cases of dismissal by agreement, as provided for in the labor reform, the worker has access to only 20% of the FGTS fine
• To make the withdrawal, the company must send documentation to Caixa; it is not possible to have access to the values ​​without having the necessary documents

2 – End of the temporary contract

• The worker hired for a determined period can withdraw his FGTS at the end of the contract
• For this, you need to present a copy of the contract and the extensions, if applicable.
• The boss must also send documentation to the Caixa

3 – Buying or building your own home

• One of the functions of FGTS money is to promote housing policies in the country
• Among the fund withdrawal rules is the guarantee that the worker can use the value for the purchase of his own home.
• For this, it is necessary to have at least three years of work under the FGTS regime, adding up consecutive periods or not, in the same or different companies.
• Cannot be the holder of other financing granted by the SFH (Housing Financial System) in the country
• Cannot be the owner, promising buyer, usufructuary, possessor or assignee of another residential property completed or under construction in the current municipality where he lives or exercises his main occupation, not even in neighboring cities and in the metropolitan region.

4 – Amortization of installments of the home

• Those who have real estate financing can use the FGTS balance to fully pay off or amortize the debt of their own home
• It is possible to use the FGTS to reduce the value of installments by up to 80% in 12 consecutive months; for this, you need to have in the account a total amount that corresponds to these 12 months of installments
• In this case, the worker can reduce the total installments, paying the financing for fewer years, or deduct part of the monthly installment, paying a lower amount month by month.

5 – In the birthday month for those who opted for the birthday-loot

• Created in 2019, the birthday withdrawal allows the withdrawal of part of the balance from the FGTS account, every year, in the month of the worker’s birthday.
• Those who opt for this modality receive the money from the fund from the 1st working day of the month of their birthday
• When being fired without just cause, however, there is no access to the withdrawal-withdrawal.
• The amount to be withdrawn is also limited, according to the balance available in the account; see below

6 – Termination of contract due to bankruptcy or death of individual employer, domestic employer or nullity of contract

• When the contract ends due to bankruptcy, the FGTS withdrawal is allowed, provided that the worker presents a written statement from the employer confirming the termination of the contract as a result of total or partial extinction of part of its activities or a copy of a final court decision. confirming the termination for bankruptcy
• When there is death of the individual or domestic employer, it is necessary to present a death certificate

7 – Termination of the contract due to mutual fault or force majeure

• When there is misconduct or an act of improbity on the part of both parties, the employment contract may be terminated and the FGTS withdrawn.
• There is also the possibility of withdrawing the Guarantee Fund when the employee terminates the employment contract for being in danger or is treated with excessive rigor by hierarchical superiors.
• The rules are in articles 482 and 483 of the CLT

8 – Retirement

• When retiring, the worker can withdraw the FGTS amounts by presenting documentation that proves retirement
• For those who retire and continue working at the same company, the withdrawal can be made month by month

9 – Natural disaster, floods and emergency situations

• In this case, the withdrawal must be authorized by federal government decree
• In 2022, until February 22, 52 municipalities in Bahia, Minas Gerais and Rio de Janeiro were enabled with the FGTS withdrawal due to calamity
• Workers were able to withdraw up to R$6,220, if they had a balance; the request is made through the FGTS application

10 – Suspension of temporary work

• The independent worker, who provides services to companies without having an employment relationship, is entitled to withdraw the FGTS when there is a total suspension of temporary work for 90 days or more.
• A statement from the category union is required to withdraw the values

11 – Death of the worker

• Dependents qualified to receive the inheritance can withdraw the amounts
• Documentation proving death and entitlement to money is required

12 – Age equal to or greater than 70 years

• Upon turning 70, the worker can apply for his FGTS
• He must send documents proving his age to Caixa.

​13 – Worker or dependent with HIV

• In this case, it is necessary to prove the disease with medical certificates
• To request the value per sick dependent, it is necessary to prove the bond of the worker with whom he is sick.
• For heirs, it is necessary to present documents proving the right to the inheritance

14 – Worker or dependent with cancer

• The FGTS account holder or their dependent undergoing cancer treatment can withdraw money from the fund
• You will need to bring a certificate proving the disease.
• To request the amount for having a sick dependent, it is necessary to prove the bond of the worker with whom he is sick.
• For heirs, it is necessary to present documents proving the right to the inheritance

15 – Worker or dependent with serious illness or in terminal stage due to serious illness

• If the account holder or one of his dependents has one of the serious illnesses listed in the legislation, he can withdraw the FGTS
• The rule applies both to those who live with the disease and to those who are already in the terminal stage.
• The diseases are: mental alienation, severe heart disease, blindness, radiation contamination, Parkinson’s disease, ankylosing spondyloarthrosis, advanced stage of Paget’s disease, leprosy, severe liver disease, severe nephropathy, irreversible and disabling paralysis and active tuberculosis

16 – If you stay out of the FGTS regime for three consecutive years

• Whoever stays for three years in a row without working with a formal contract can withdraw the FGTS
• The withdrawal of amounts can only be made from the account holder’s birthday month