The FGTS (Time Guarantee Fund) is a deposit made by the employer, every month, as a way of supporting the employee who is dismissed without just cause.
The calculation of FGTS is based on the wage of the employee where they are deposited monthly 8% of gross value in an open account of Federal Savings Bank. It is worth noting that the amount is not deducted from the salary, but employer's obligation.
Established in 1966, the FGTS has undergone changes over the years. To give you an idea, it served in the past as a guarantee of employment.
“Stability” it was what they called the FGTS. People who worked for 10 years in the same company could no longer be fired if it were not for just cause.
Do you want to know more about FGTS? We will explain what the law it tells you about the rights of the employee and the employer and we will teach you how to calculate the FGTS. Check it out below.
The main doubts of the FGTS
Before carrying out the FGTS calculation correctly it is essential to know the particulars of this benefit and the company's obligations to it. Therefore, we will talk about each of the points below.
- What is the FGTS for;
- Who is entitled to FGTS;
- In which cases can I withdraw FGTS;
- Who opens the account for the deposit;
- Who deposits the FGTS;
- Inactive accounts;
- FGTS withdrawals;
- What are the employee's rights;
- The consequences of non-payment of FGTS.
Knowing this benefit better, it is easier to get it right when making the FGTS calculation without errors!
What is the FGTS for
The main function of FGTS is to support employees. This is a patrimony formed to contribute in moments such as the purchase of a property, a unfair dismissal or a serious illness.
Who is entitled to FGTS
FGTS is aimed at rural and urban, domestic, intermittent, temporary and individual workers, who are employed by the CLT regime. Employees who do not have an employment contract, such as self-employed persons, for example, are not entitled to FGTS.
In which cases can I withdraw the FGTS
FGTS calculation done, values ok, now just draw right? It is not quite like that. FGTS cannot be withdrawn in all cases, there are specific situations so that this benefit can be withdrawn. Check out what they are, as explained in the site from the government:
- Resignation without just cause;
- Termination of the contract for a specified period;
- Death of the employee;
- In the case of age over 70 years;
- HIV carriers (dependent or worker);
- Malignant neoplasm (dependent or worker);
- Terminal stage of the employee or dependent;
- When there is suspension of individual work;
- Termination of the contract due to reciprocal fault;
- When a natural disaster occurs due to rains and floods, which affect the worker's home (this emergency situation needs to be validated by the Federal Government);
- Termination of the contract due to the extinction of the company, elimination of part of its activities or closure of the workplace;
- When the account linked to the worker is for three uninterrupted years outside the FGTS regime, with removal from 7/14/1990;
- When the linked account is uninterrupted for three years without deposit movements and the employee's leave of absence until 07/13/1990;
- Nullity of the employment contract;
- Acquisition of own property, debt amortization or liquidation.
Who opens the account for the deposit
The FGTS deposit account is opened by the employer on behalf of the employee at CFederal Economic aix.
It is important to note that an employee may have one more open FGTS deposit account. This is because, each company that registers the employee, via signed portfolio, opens a new account for this purpose.
Who deposits the FGTS
As it is an obligation of the employer, whoever does the FGTS calculation and deposits is the company. Remembering that 8% are not deducted from the employer's salary. This amount is like an addition to the salary that is deposited in that account monthly.
The percentage of discount and FGTS calculation for contracts for minor apprentices it is 2%. The deadline for depositing FGTS is up to the 7th of each month.
There are cases in which the FGTS account is inactive. This happens when no more deposits are made in it after the employee's departure of a company. Either because the employee was fired or in cases of having resignation.
Even with the account inactive, it is the right of every professional that interest and monetary restatement continue to act on the account balance. O FGTS income it's at 5.59% per year.
O FGTS withdrawal can be done at Caixa Econômica Federal branches, in the cases mentioned above.
In cases of unfair dismissal, the employee must bring his work card, PIS number, identification document and the term of contract termination.
After the FGTS request is made, the amount is available within a maximum of 5 business days. If the value is less than or equal to R $ 1500.00, withdrawals can be made at ATMs or even lottery shops. Just have the citizen Card and the password.
What are the employee's rights
If the FGTS is not being deposited correctly, the employee has two alternatives. The simplest is to contact the company and point out the mistake made.
If the problem is not solved, the professional can make a complaint to Ministry of Labour.
It is important to take the account statement linked to that company to show the failure made during the FGTS calculation and the transfer of values. If the company has gone bankrupt, the way forward is to sue it through labor action.
In 2016, corporate debt to the FGTS exceeded 24 billion. More than 198 thousand companies did the calculation of FGTS and deposits incorrectly.
The consequences of non-payment of FGTS
O FGTS calculation and payment are provided for in the LAW No. 8,036. Failure to comply with this deposit may result in labor claims. Even if the FGTS is not paid, it may even cause the employee to terminate the contract.
If the deposit term is not met, the company will need to pay a fine and interest. Fines in the amount of 5% with delays of 30 days and 10% per month when it exceeds 30 days.
In addition, it will be impossible to issue the Debt Clearance Certificate (CND), for debts with the union and also sanctions from the Ministry of Labor.
How to calculate FGTS
The calculation of FGTS is based on the gross salary of the collaborator. That is, if there are overtime or commissions, the 8% will be discounted from this amount.
Check out two examples below. A calculation of FGTS based only on gross salary and another taking into account the extras:
- Gross Salary: R $ 2000.00
- FGTS amount: 8%
Total to be deposited: R $ 2000.00 x 8% = R $ 160.00
Therefore, the FGTS portion that must be deposited by the company is R $ 160.00.
- Gross Salary: R $ 2000.00 + R $ 100.00 (Overtime) + R $ 500.00 (Commission) = R $ 2600.00
- FGTS amount: 8%
Total to be deposited: R $ 2600.00 x 8% = R $ 208.00
In this case, with the addition and overtime and commission, the gross salary of R $ 2600.00, which is the amount paid to the employee in the current month, must be taken into account.
Some online calculators facilitate this account, where you do the calculation of FGTS putting your gross salary and months worked.
So you know exactly what the monthly deposits are and you can even find out how much you will have in a few months.
Calculate FGTS correctly
O FGTS calculation done correctly is essential for companies to avoid suffering from the consequences of labor lawsuits. In addition to sanctions from the Ministry of Labor.
Therefore, this mandatory law it demands from companies the presence of qualified professionals who are able to calculate FGTS correctly, without mistakes.
It is essential to emphasize that this is an obligation of the employer and that the amount is not deducted from the employee's salary.
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