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The government is changing the rule for those who choose to opt out of the FGTS birthday

The government is changing the rule for those who choose to opt out of the FGTS birthday

Workers may access the entire fund if they are dismissed without just cause; The measure will be retroactive to April 2020

The government will send a bill to the National Congress that changes the rules for the annual withdrawal of the Fund for Time in Service (FGTS). The official worker, if dismissed without a legitimate reason, will be allowed to withdraw the full amount, in addition to paying the termination fine from the fund – already stipulated in the law.

The draft law is ready and the Civil House must decide when to send it. It is expected that he will be referred to the chamber in the coming days. This measure will have retroactive validity until April 2020. In other words, anyone who opted for a Christmas withdrawal and was dismissed during this period will be able to recover the remaining amounts in the FGTS. They were only able to obtain the amount corresponding to the fine paid by the employer.

The change was agreed upon after the meeting held on Wednesday (September 13, 2023) at the Palacio do Planalto between President Luiz Inacio Lula da Silva (PT), Prime Minister Civil House, Roy CostaMinister of Finance, Fernando HaddadMinister of Labor and Employment, Louise Marino.

The Christmas draw is optional. The worker has the right to withdraw part of the temporary sponsorship tax when he completes another year of life. However, when choosing this method, you forego receiving the full amount of the Fund Account and receive only the fine (in case of unfair dismissal).

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The government project changes the rule. All formal workers will have access to the entire fund in the event of unfair dismissal, including those who chose to withdraw over Christmas. Labor Minister Luiz Marinho said on Wednesday (September 13, 2023) that the expiration of the withdrawal anniversary is not up for discussion. In January, he announced that this method had weakened the fund.