the drama of the fgts arrested in voluntary dismissal and the withdrawal rules
worker resigns after eight years and discovers that the FGTS balance cannot be withdrawn to pay off personal debts.
BY THE X-TRADER NEWS NEWSROOM · REPORTING FROM O ANTAGONISTA · 2 MIN
A worker who resigned after working for eight years at the same company discovered a harsh reality about the Service Time Guarantee Fund, as reported by O Antagonista. When trying to withdraw the funds to pay debts, he encountered regulatory barriers that prevent full withdrawal in the case of voluntary exit, according to O Antagonista.
According to O Antagonista, the CLT contract determines the monthly payment of 8 percent of remuneration for the FGTS, the movement of which is strictly regulated by Law number 8,036 of 1990. In voluntary withdrawal, the balance remains in the linked account and does not allow immediate withdrawal to pay for loans or cards, pointed out O Antagonista.
The legislation establishes specific hypotheses for movement without unfair dismissal in article 20 of Law number 8,036 of 1990, according to O Antagonista. As O Antagonista reported, personal debts do not constitute general authorization for withdrawal, but the acquisition, amortization or payment of installments of residential property allow the balance to be moved.
Also according to O Antagonista, other exceptions include the diagnosis of serious illnesses provided for in the regulations, remaining for three uninterrupted years outside the CLT regime and recognized public calamity situations. The worker can also use the birthday withdrawal to withdraw a portion of the balance annually, although this modality changes the access conditions in future unfair dismissal, highlighted O Antagonista.
To check deposits after the contract ends, citizens use the FGTS application, a tool cited by O Antagonista. Meanwhile, the balance retained upon voluntary departure remains blocked for the purpose of paying off immediate debts, reiterated O Antagonista.
What changes for the investor
The regulatory constraints of the FGTS highlight the low liquidity of the compulsory fund for workers, a factor that directly impacts families' financial planning and the allocation of capital in the real economy. The impossibility of using one's own assets to pay off short-term debt reinforces distortions in the formation of internal savings, a relevant topic for the analysis of credit risk, consumption and efficiency in the allocation of resources by the market.
Automatically translated from Portuguese.
