FGTS: Worker can earn R$ 10 thousand THIS WAY

The Executive Branch launched a new opportunity for workers with a formal contract to earn R$ 10 thousand. The Federal Government recently informed that it is now possible to request a review of the Severance Indemnity Fund (FGTS). This measure can yield a hefty sum for you if you are a worker.

The review is nothing more than a correction with the replacement of inflation in the fund's values.

According to labor law specialists, each Brazilian is entitled to receive amounts that can reach R$ 10 thousand. Of course, this will vary according to how long the money was in the FGTS. If you are interested, for example, you can do a calculation within the LOIT platform.

However, it is worth noting that even those who have withdrawn money from the fund can still calculate it and file a review request, since when the amounts were saved they had a low yield due to the monetary index of correction.

How does this FGTS review work?

This issue is currently pending before the Federal Supreme Court (STF). It is a measure aimed at improving FGTS income and benefiting Brazilians who work formally. The project aims at revising the FGTS based on the correction of the reference rate (TR). This proposal provides for annual interest of around 3%.

Still according to expert lawyers, the rate should match the FGTS, but in fact it has been zero since 2017. That is, it is lower than inflation. Therefore, the action that requests to make a correction in the money of the workers with another rate more favorable for the class appears.

It is important to point out that the reference rate is just one of the indexes that can be used for monetary correction in the FGTS. According to the Brazilian Institute of Geography and Statistics (IBGE), there are three official measures of inflation:

• National Consumer Price Index (INPC);
• Extended National Consumer Price Index (IPCA);
• Special Extended National Consumer Price Index (IPCA-E).

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You have the right?

If the proposal is approved, employees who returned all or part of their 1999 account balance can request correction: They are:

• Urban Workers;
• Rural workers;
• Intermittent workers (Law No. 13,467/2017 - Labor Reform);
• Temporary workers;
• Independent workers;
• Saffrons (rural workers, who work only during the harvest period);
• Professional athletes;
• Non-employed director may be treated as other workers subject to the FGTS regime and;
• Housekeeper.

How do I apply for my right?

As it is a lawsuit, the request for review of the FGTS must be forwarded to the Court. For this, the employee needs the help of a lawyer specialized in this area. You, in most cases, will need these documents here:

• RG;
• CPF;
• Work Card;
• Updated proof of residence;
• FGTS extract.

After the process, it is necessary to wait for the final decision of the Judiciary.