The new bill (PL) aims to create yet another form of revocation (withdrawal) of the FGTS (Service Time Guarantee Fund).

There are currently 16 FGTS withdrawal methods, such as birthday withdrawal or termination. However, the PL notes that the current model has limitations imposed by the Consolidation of Labor Laws (CLT).

PL nº 1,747/22, prepared by MP Laercio Oliveira (Solidarity), recommends changes to Law nº 8,036/90, which regulates the FGTS. The proposed change would be to authorize the withdrawal of the benefit for employees who choose to resign.

Waiver of termination is only available to workers who were fired without just cause, but if the PL is approved, citizens who resign are also entitled to the amount. 

The representative understands the current situation as unequal, since the impossibility of withdrawing benefits in the event of dismissal by the employee means that the employee can no longer exercise an established right.

The FGTS withdrawal is only released in certain situations, namely: retirement, purchase of your own home, termination without just cause, serious illness and birthday withdrawal. On these occasions, the employee is free to withdraw the FGTS in full.

However, it is worth remembering that the federal government often releases certain amounts from the FGTS for all workers, even if they do not fit into these situations. This year it was through the extraordinary withdrawal. 

It is important to note that in the event of termination without just cause, the employee is also entitled to a fine of 40% of the amount deposited. Both amounts are not available to employees who were fired for cause.

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