When a citizen working under an official contract is dismissed without a valid reason, he is given the right to recover the balance of the Termination Compensation Fund (FGTS), into which the employer has deposited amounts, during the term of the employment contract. Plus a termination penalty of 40% on this total amount.
Even if the worker withdraws part of the amount of the FGTS, within the possibilities permitted by law, 40% of the termination fine is calculated. From the total amount deposited by the employer during the employment contract and not the amount remaining after making the withdrawal.
Let’s look at an example: A worker withdrew R$50,000 from his FGTS account to make a down payment on a house. When he was fired, he had R$60,000 in the fund. The employer must pay a termination fine of 40% in addition to the total amount that was deposited during the employee’s years of service and, therefore, on the amount of R$110,000 and not the amount of R$60,000 he had when the unfair dismissal was made.
Therefore, the worker will receive 44 thousand Brazilian reais corresponding to the termination fine of 40% of the 110 thousand Brazilian reais.
It is possible to refer to the reference value to pay the termination fine
To check how much you will receive in the event of dismissal without a valid reason, it is necessary to access the FGTS balance.
Some ways to keep track of your FGTS balance:
- SMS – To join this form, simply register at in this link Give cashier;
- Correspondence – a worker who wishes to receive the FGTS statement at his/her place of residence must register his/her address in the link above, go to the branch of Caixa Econômica Federal or call 0800 726 01 01;
- In person, at the Caixa Service Desk;
- caixa website;
- FGTS app (available for Android And the iOS).
To check how much the 40% termination fine will apply to, the worker should look for the “Value for Termination Purposes” option in the FGTS statement. Thus, 40% of the amount in question is calculated.
It is worth noting that the profits of the guarantee fund that are calculated on the interest loans Infrastructure, sanitation and credit From the house itself. This profit percentage is payable up to August 31 of each year and indicates the balance up to December 31 of the previous year.
However, the return of 3% per annum plus the reference rate (TR) is included in the calculation of the termination penalty.
20% termination fine
When a company closes due to a force majeure, such as financial needs, the Standardization of Labor Laws (CLT) allows the company to pay a 20% termination penalty on deposits made into an employee’s fund.
For such a procedure, it is necessary to prove to the court that the company is indeed closed due to force majeure, otherwise the company will not be able to reduce the amount of the fine.
The joint dismissal also provides for the payment of half the fine, in accordance with the labor reform of 2017. In this case, the worker receives a termination fine of 20% on the deposits made by the company in the FGTS and will also be able to withdraw only 80% of the total bottom balance.
In a birthday withdrawal, it is possible for the worker to withdraw part of the FGTS once a year, in which case, if he is dismissed without good reason, he will be owed a fine of 40% also on the total amount deposited by the company, and not on what remains after the withdrawals annual. However, the right to withdraw the full balance of your FGTS account, the withdrawal is forfeited.
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