Those without a formal contract for three years can withdraw all the money they have in the FGTS. This situation is different from when the worker withdraws the value of the guarantee fund when he is dismissed without just cause.
Each formal job that the worker has throughout his career generates a different account in his name, in the FGTS. Those from old jobs are called inactive accounts, while the current job account is called active.
When dismissed without just cause, the worker can withdraw only the amount that is in his account linked to that job specifically, the active account. If he has other values, from old jobs, in inactive accounts, they remain stuck in the guarantee fund.
But according to lawyer Fernanda Perregil, a partner at Innocenti Advogados, anyone who has been without a job linked to FGTS for at least three years in a row can withdraw the amounts from other accounts as well. That is, you cannot have a formal job. Having done a job or informal work that does not generate deposits at FGTS does not prevent you from making this withdrawal.
How to withdraw?
In order to withdraw the amount, it is necessary to place an order with Caixa, responsible for FGTS. According to the bank, this can only be done from the month of the worker’s birthday, after completing three years of unemployment.
The bank recalls that it is necessary to present:
- Identification document
- PIS / Pasep / NIS number
- Work card proving that you are disconnected from the company and have not been linked to FGTS for three years in a row.
Other chance of withdrawals
There are other situations in which the worker can withdraw FGTS. Are they:
- Home Ownership
- To help pay for property purchased through a consortium
- To help pay for property financed (by the Housing Finance System)
- Dismissal without cause
- Termination by Agreement
- Death of the boss and closure of the company
- Termination of employment contract for a temporary worker
- Lack of paid activity for individual worker for 90 days or more
- Be 70 years of age or older
- Serious illnesses (such as AIDS or cancer) of the worker, his wife or child, or in the case of a terminal stage in any illness
- Death of the worker
- Termination for reciprocal fault or force majeure
- In case of urgent and serious personal need, resulting from rains and floods that have reached the worker’s residence, when the situation is an emergency or public calamity recognized by federal government ordinance
- If you are an independent worker (without a job, but done through a class entity) and are suspended for a period equal to or greater than 90 days
- Dependents or heirs legally recognized after the death of the worker
- Immediate withdrawal
- Birthday loot.
Through Caixa website it is possible to check the FGTS withdrawal alternatives.