Workers will have a new deadline for receiving funds from the Employment Compensation Fund (FGTS), because the Federal Supreme Court (STF) has postponed a ruling that would determine what the FGTS monetary correction would look like.
The topic was scheduled to be discussed on May 13, but it ended up not happening. No new date has been set.
The FGTS is currently corrected by the reference rate (TR) set by the central bank. In other cases, the STF has already determined that the indicator does not reflect the real inflation of the country, which causes losses to workers.
What is FGTS Fix?
In fact, the FGTS correction is a monthly deposit made by the employer that currently corresponds to 8% of the employee’s salary. The deposited amount is linked to the employment contract and has an income close to savings.
Using TR when calculating the monetary correction for the FGTS, the values are below inflation each year. harm to workers.
Unsatisfied, several workers filed a lawsuit demanding that the escrow fund balance be recalculated using more favorable rates, at the time of the cash statement being recalculated. INPC and IPCA are possible.
Employees who have or have had credit in the FGTS since 1999 can file a lawsuit to claim the amounts are corrected, which could be up to 88.3% of the total accumulated balance.
- See some examples:
- FGTS account balance R$112,010.38 corrected by TR: If IPCA applies, the amount will have R$92,751.41 (increase by 80.48%)
- FGTS account balance of R$199,461.84 corrected by TR: If IPCA-E was applied, the amount would have R$100,001.91 (50.13% increase)
- FGTS account balance of R$301,497.75 corrected by TR: If INPC is applied, you will get an increase of R$234,115.90 (77.65% increase).
To file a claim for entitlement to the correction of the FGTS balance between the years 1999 to 2013, it will be necessary for a worker with an account balance to be already retired or not. You will need to file a lawsuit to be eligible for the review.
Calculate the value of the FGTS today: 8% of salary per month + 3% interest + cash correction based on the reference rate (TR).
Who has the right to review?
Every Brazilian worker has a guarantee fund balance from 1999 onwards, and retirees and workers who have already withdrawn from the FGTS will also be able to sue for the additional amount they are entitled to recover.
Documents required to file a claim:
A copy of the business card (the page with the PIS number)
Extract from the FGTS (Caixa Econômica Federal) from 1991 or the year following the year in which the official contract business began.
A copy of the identity card
Copy of CPF
However, you will need the help of a lawyer you trust, who will arrange to file a lawsuit.
Editing by Jorge Roberto Rigit Cunha – Journalist Contapel