Professional that the waiver will have the full right to withdraw the FGTS: work already approved by the committee. Employees wishing to resign will have the opportunity to receive the full balance of the active FGTS accounts. Withdrawal of the fund is ensured by PLS 392/16 approved by the Senate Social Affairs Committee (CAS), with termination. One of the possibilities to withdraw occurs when the worker is dismissed without cause or withdrawn.
As Senator Rose Freitas (MDB-ES) proposal is final, she has to go straight to the House of Representatives, unless there is a call for her analysis by Senate Plenary. After being analyzed and approved by MPs, they will be sent a sanction or a presidential veto.
The senator said it is unfair that workers and employers are treated differently in these cases.
"In many cases, working conditions are poor, the employer is delaying payments and discouraging continuity in employment." The rationale behind this is to get away from the termination costs and the worker is forced to give up, directly or indirectly, but without having direct access to FGTS and unemployment insurance, "he argued.
The project's rapporteur, Senator Paulo Paim (PT-RS), said the proposal was approved. He considers that the initiative to withdraw capital from the worker requesting the resignation is sufficient for the current legislation, which, according to Paim, is deformed "because withdrawal is only possible in situations unrelated to the will of the worker".
The movement of FGTS deposits can occur in 18 cases, with particular emphasis on dismissal without justification and retirement. There are even other possibilities, such as the existence of some kind of illness, the purchase of property and the completion of 70 years.
According to Paim, the Labor Reform, adopted last year, changed the CLT and allows for the 80% removal of the FGTS in redundancy, through an agreement between employers and employees.
"The approved project is another step in correcting a historical distortion in FGTS legislation," says PT, who points out that the current law seeks to restrict access to these resources belonging to the worker himself.
Senate Rose de Freitas's initiative has been criticized. According to Mario Avelino, president of Fundo Fundo Due to the employee, approval is "irresponsible, because it will generate millions of resignation requests from employees." The expert who estimates that, in less than six months, the Guarantee Fund will be bankrupt. "
"As the majority of Brazilian workers are indebted, this will be a channel for them to withdraw the fund for credit card payment and pay overdraft debts, for example, but this will create volatility in the Guarantee Fund accounts " says.
– The allowance is allowed
When a worker retires, he / she buys his / her own home, dismissed unnecessarily when the one dies and the firm is closed at the end of the employment contract of a temporary worker, without paid work for a worker for 90 days or more, years and over.
– In case of illness
Hunting is also released in cases of serious illness (such as AIDS or cancer) of the worker, his or her spouse or child, or ultimately any kind of illness and death of the worker.
– In case of emergency
In the event of an urgent and serious personal need arising from the rainfall and floods that have arrived at the worker's home, when the situation is an extraordinary or public disaster recognized by a decision of the federal government.
– He is not moving
When the Guarantee Fund account is held for three consecutive years, the balance may be withdrawn.
In case of unnecessary dismissal, for example, the employee must go to the bank with a GR, Work Permit and Expiry Term of the Work Contract.
– In Caixa branches
The remainder of the FGTS may be withdrawn by the employee who has met one of the claims at any branch of the Federal Reserve Bank.
– Withdrawal period
The balance of the Guarantee Fund may be withdrawn within five working days of the worker's application.
– In the lottery
The withdrawal of the FGTS balance of R $ 1,500 or less can be made in the lottery units, the Caixa Aqui, the electronic service stations, and also in the bank's self-service halls for citizens with a citizen card and a registered password.
Source The Day