FGTS DEPARTURE ANNIVERSARY CHANGE: See what’s known so far about the project

A major change in the rules for the FGTS Fund Anniversary Withdrawal is being planned by the Ministry of Labour. Minister Luiz Marinho wants to allow the full withdrawal of the account balance in case of dismissal without just cause, in addition to the existing arrangement. This proposal should be sent to Parliament in the first fortnight of August.

What is the FGTS Anniversary Withdrawal?

Created in 2019, the Saque-Anniversário is a method that allows workers to withdraw a fraction of the balance in their FGTS account annually, even outside of situations that would normally give access to these resources. Any employee can participate in this feature and withdrawals can be made up until the last day of the employee’s birthday month.

Retirement-Birthday and Redemption in case of dismissal

Currently, when participating in the Saque-Aniversário, the employee loses the right of withdrawal-stop, which allows the full withdrawal of the FGTS balance in case of dismissal without just cause, including the termination penalty. However, in Saque-Aniversário, the dismissed worker can only withdraw the fine from the FGTS. This is one of the key changes that the government intends to implement.

According to the current rules, the employee can return to the Withdrawal-Termination 25 months after joining the Withdrawal-Anniversário, provided that he has not contracted in advance the Withdrawal-Anniversário (when the employee contracts loans with the balance of FGTS as collateral). In this sense, this rule can also be changed with the proposal of the government.

The Government’s Proposal for the Anniversary Abortion

Initially, Minister Luiz Marinho stated that he intended to end the Saque-Aniversário, but given the negative effects, he backed off. Now, the idea is that the Ascension-Birth is not an obstacle to the full redemption of the FGTS. That is, in addition to annual withdrawals, the employee could withdraw all money from the FGTS in the event of dismissal without reason.

In addition, the government is also considering allowing full withdrawal retrospectively. This means that an employee who was on birthday withdrawal mode and was made redundant within the last four years could claim access to their full FGTS account balance.

Transmission of the Proposal to Congress

The proposal amending the rules of the Saque-Anniversário has already received approval from the Politburo, according to information from the Ministry of Labor. The intention is to make the change through a bill and send it to Congress in August. It is worth remembering that the creation of the Saque-Anniversário was also carried out by a bill, with the sanction of the then president Jair Bolsonaro in December 2019.

Effects and benefits of change

The potential change to the FGTS birthday withdrawal rules has sparked debate about the implications and benefits for workers. On the one hand, the possibility of full withdrawals in case of unfair dismissal can ensure greater financial security for workers by allowing access to the full balance accumulated in the FGTS. On the other hand, there are concerns that the FGTS value may decrease in the long term, as annual withdrawals already reduce the available balance.

Implementation schedule

If the proposal is approved by Congress, legal procedures to implement it will still be necessary. It is important to note that, until the change comes into effect, the current rules for the FGTS Birthday Withdrawal will remain in place. Therefore, employees who have already followed this method must follow the established rules.

The government is working on a proposal to amend the FGTS Anniversary Withdrawal rules, allowing full withdrawal of the balance in case of dismissal without just cause. This change aims to make Saque-Aniversário more flexible and guarantee workers access to FGTS resources when they need them most. The proposal has already received approval from the Civil House and will be forwarded to Congress in August. It is important that employees follow updates on the matter and know the applicable rules until the potential change is implemented.