NS Separation Compensation Fund (FGTS) It is the right of the worker with an official contract. By the seventh of each month, employers must deposit into accounts opened at Caixa Econômica Federal, on behalf of employees, the amount corresponding to 8% of each employee’s salary.
When the date does not fall on a business day, payment must be made. The fund does not entail a deduction from the salary, because this is an obligation on the employer.
If you have deposits to receive, the worker can try to get the money back by contacting the Labor Court.
See below what to do if the company does not file the FGTS:
- When the funds are not deposited, the agent can contact the company and collect the arrears deposit.
- If there is no agreement, he can file a complaint via the STI website: https://denuncia.sit.trabalho.gov.br/. The worker must have access to the “gov.br” system, i.e. have a single login for the Federal Government. When entering the site, you must enter your CPF and password. There he has access to the employment complaint form. The worker can still seek help from a union of his category to formalize the complaint.
- A worker can also file a complaint with the Public Ministry of Labor (MPT) or file a complaint with the Labor Court.
- In labor court, a worker can file a lawsuit for up to two years after leaving the company. And it can charge up to five years of unfiled FGTS. Therefore, it is important that the employee, upon leaving the company, checks that everything has been paid correctly.
- On the other hand, the complaint can be submitted to the Labor Inspection Sub-Secretariat even after this period of dismissal, as the Labor Inspection can charge the irregular FGTS at any time, not limited to the statute of limitations of the Labor Court.
- In cases where the company no longer exists, the worker can also file a lawsuit in labor court and request payment of the FGTS owed.
Importance of warehouse control
The worker must monitor whether the company deposits the FGTS amounts on time into the account opened at Caixa Econômica Federal.
See options on how to consult FGTS balance neste link.
8 million workers without FGTS in 2020
Figures from the National Treasury Prosecutor’s Office (PGFN) show that There were 232,000 employer-related debts to the Employment Compensation Fund (FGTS) in 2020. The total debt is R$39.2 billion and affects more than 8 million workers.
PGFN collects uncollected amounts and is therefore sent for active debt registration.
Total debt related to FGTS debt has increased since 2017, according to data sent to st 1 by PGFN. Between 2018 and 2019, it reached 21%. From 2019 to 2020, the increase was 7%.
Dion FGTS – Photo: G1 Economy
The number of indebted employers has been increasing since 2017, but decreased by 1% from 2019 to 2020.
Employers Debt FGTS – Photo: G1 Economics
This decrease may be related to Temporary Measure 927, valid from March to July of last year, which allowed for deferment of FGTS payments by employers and payments in installments.
In 2020, FGTS collection activities, carried out by PGFN, benefited 1.34 million workers, the agency reported.
Total recoveries have grown since 2017, but last year there was a 9.8% decrease, totaling R$380.2 million.
Restoring FGTS values by PGFN – Photo: G1 Economy
Inspections conducted against companies evading FGTS led to Raised 3.72 billion Rls in 2020 After evaluations of the Sub-Secretariat of Labor Inspection, associated with the Ministry of Economy. The result was 41% lower compared to 2019, when the refund amounted to R$6.31 billion.
In January and February of this year, the amount recovered was 1.16 billion R$, nearly a third of last year.
According to the Special Secretariat for Social Security and Labor, inspections in relation to companies evading the FGTS have been carried out on a regular basis by the Sub-Secretariat for Labor Inspection (SIT).
Also, according to the secretariat, the decrease in the amount collected in 2020 compared to 2019 is due to interim measure 927, which postponed payment of the FGTS by companies referring to the terms of reference for March, April and May of last year.
In addition, the Board of Trustees of the Employee Compensation Fund has decided that employers who have debt installments with the FGTS can temporarily suspend payments.
According to the secretariat, “these measures do not harm the worker, but they are reflected in the 2020 figures compared to 2019”.
SIT Central Inspections accounted for most of the amount of notifications and FGTS collections in 2020, worth R$1.243 billion. Then comes the state of São Paulo with 628 million Brazilian reals, and Minas Gerais debts totaled 287.9 million Brazilian reals.
The largest recoveries recorded in 2020 occurred in the following countries:
- Sao Paulo: 628383828.71 Brazilian Real
- Minas Gerais: 287.886.516.25 Brazilian Real
- Parana: 181,869,884.61 Brazilian Real
- Bahia: 169443.091.27 Brazilian Real
- Rio de Janeiro: 168,286,030.94 Brazilian Real
- Santa Catarina: 163,589,829.24 BRL
- Rio Grande do Sul: 137.725.936.88 BRL
- Goiás: 91,322,650.65 BRL
- Ciara: 79109,622.53 BRL
- Espirito Santo: 77618300.04 Brazilian Real
Currently, the collection is still managed by Caixa Econômica Federal. Currently, the Secretariat reports that improving FGTS collection and inspection processes through eSocial is in development, as part of efforts to standardize systems to provide more flexibility and reliability of information.
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