Clipping of news on Brazilian Culture, Law and Citizenship
1/31/2017
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Exemption without just cause and purchase of the house are the most common cases, but there are other situations that allow the withdrawal of resources
It is always a bad business to leave money standing in the guarantee fund - that's all people know. What not everyone knows are the various circumstances and conditions to get the resources of the FGTS. Dismissal without just cause and purchase of the house itself are the most notorious cases, but it is also possible to access the fund in case of illness, after the age of 70 and to change property. Check below:
Inactive Accounts
The government recently announced that it would allow the withdrawal of FGTS accounts that have not received deposits since December 31, 2015, according to a schedule to be released in February. But the money of accounts that have remained 3 years or more without receiving deposits can already be withdrawn, from the employee's anniversary date, because those accounts are already considered inactive.
Diseases
It is possible to withdraw the fund because of cancer, AIDS or other diseases in the terminal stage, both the insured and a dependent - and even after death. In the case of cancer, the disease must be technically classified as malignant neoplasm in the International Classification of Diseases (ICD). In all cases, it is necessary to prove the diagnosis by means of a medical certificate. The worker can withdraw his own fund even after the death of the dependent, being necessary for both the death certificate.
Natural disasters
In cases of tragedies such as floods, windstorms and hail rain, it is possible to extract up to 6,200 reais. But it is necessary that the affected region decrees the state of emergency or of public calamity. The municipalities are responsible for informing Caixa which areas are affected, and the worker must prove that they live in these areas.
70 years old
The insured can withdraw the fund if he is 70 years or older, regardless of whether he is retired or active.
Problems with the company or employer
In addition to dismissal without just cause, the withdrawal of the FGTS is also permitted if the termination of the employment contract is due to the termination of the company, termination of part of the company's activities, closure of establishments, death of the employer or Has been declared void by Justice. In these cases, it is necessary to present the documents proving the situation. In case of bankruptcy, for example, it is necessary to present the judicial decision or other document that indicates this condition. In cases of interruption of capacity reduction activities, a statement from the employer is required showing that this was the reason for the disconnection.
Home
If the worker already owns a house, as a rule, he can not use the FGTS to buy another property. But there are exceptions, such as in cases of separation, where the spouse can buy a new property if he can no longer reside in the old one. It is also possible to use the money if the insured owns less than 40% of the total of a property or if it owns one that has received by inheritance.
It is also possible to use the money in the exchange of property, as long as the purchase and sale operations are linked - as in the case where one property serves as part of the payment of the other.
In all cases, the insured must have at least 3 years of FGTS, and the purchased property must be residential. In addition, buyer and property must comply with the financing rules of the Housing Financial System (SFH). Caixa has a page dedicated to the main doubts about housing financing and the fund. According to José Aguiar, superintendent of the Brazilian Association of Real Estate Credit and Savings Entities (Abecip), it is also worth seeking specialized help. "Financial institutions have teams specializing in real estate financing, and real estate consultants also know the rules of using the FGTS," he explains.
Termination of term contract
If the employee is under a fixed term contract, it is possible to withdraw the money after the end of the period.
Checking your balance
The balance can be consulted through the FGTS application, at Caixa's ATMs, branches and the bank's website. A common confusion about the value to which the worker is entitled relates to the value of the 40% fine in cases of dismissal without just cause. The rule says that the employer must pay 40% on the total that he deposited, not on the balance - that is, even if there are looting, the amount of the fine due does not decrease.
How to make withdrawals
The FGTS is administered by Caixa. Drawings of amounts up to 1,500 reais can be made in lottery houses, electronic service stations, self-service rooms, agencies and correspondents Caixa Aqui. You must go to the bank for amounts above 1,500 reais or if the insured does not have the Citizen Card - a document that can be requested from the Cashier.
Source: See Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.