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14.1 Million Brazilians Are Surprised by the Government This Morning (23/12) and You Could Be One of Them: Anniversary Withdrawal of FGTS Has Been Released and Will Hit Accounts on December 30
There are people who were fired, thought they would be able to use their own money from FGTS, and ended up hearing a “no” because of the anniversary withdrawal. Now, the scenario is changing. The federal government published on Tuesday (23) Provisional Measure No. 1,331, which again authorizes the full withdrawal of the fund for millions of workers.
The measure, valid from December 23, 2025, releases the total FGTS balance for those who joined the anniversary withdrawal and were affected by dismissal or contract suspension since 2020.
The text provides for automatic deposits, already indicates payment starting in December, and details who is entitled, how the money will be released, and what changes with the new rules of credit linked to the modality.
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Keep reading to understand who is entitled, how the payment will work, and what changes in the new credit rules.
What Does MP No. 1,331 Change in Practice
Provisional Measure No. 1,331, published on December 23, 2025, authorizes the release of amounts from the FGTS for workers who joined the anniversary withdrawal and had their employment contract terminated or suspended between January 2020 and December 23, 2025.
The central point is simple: those who were under the anniversary withdrawal and were affected by dismissal without just cause (or other legal hypotheses) now have the right to withdraw the full balance of the linked account related to the terminated or suspended contract, within the scope defined by the MP.
This total release had already been authorized in February by another provisional measure, but the rule fell on July 7 due to lack of voting in Congress. As a result, the model that blocks the balance upon dismissal returned to effect, allowing only the 40% penalty.
Now, the government reissues the authorization and reinstates the full withdrawal — but, like any MP, it needs to be voted on within 120 days or it loses its validity.
According to the Ministry of Labor and Employment (MTE), more than 14.1 million workers will benefit, with an estimated release of around R$ 7.8 billion.
Recalling: Why the Anniversary Withdrawal “Blocks” the Balance on Dismissal
The anniversary withdrawal allows workers to withdraw part of the FGTS balance every year, in their birthday month, after enabling it.
However, by choosing this modality, workers dismissed without just cause normally cannot withdraw the full balance of the fund upon termination: only the 40% penalty is released, and the rest remains blocked, except for exceptions provided by law.
It is possible to request a return to the termination withdrawal, but the change only takes effect two years after the request.
MP No. 1,331 comes in as a “bridge” for those who got caught in between: who joined the anniversary withdrawal and were terminated (or had their contract suspended) during the specified period.
Who is Entitled to the Full FGTS Withdrawal with MP No. 1,331
The measure covers workers who joined the anniversary withdrawal and had their contract terminated or suspended between January 2020 and December 23, 2025, in the legal cases provided, such as dismissal without just cause and other situations covered under article 20 of Law No. 8.036/1990.
Those who resigned are excluded: in this case, the traditional FGTS rules apply, which do not allow for the withdrawal of the balance or receipt of the termination penalty.
There is also an important limit: the MP is temporary and does not apply to those dismissed after its publication. For these cases, the anniversary withdrawal rule remains, which limits the withdrawal to the 40% penalty upon dismissal without just cause, without access to the full balance.
How Will the Payment Be: Automatic Deposit and Two Key Dates
According to the text of Provisional Measure No. 1,331, Caixa Econômica Federal — the operator of FGTS — will make the payment automatically in two stages.
The first stage will go until December 30, 2025, releasing up to R$ 1,800, limited to the available balance in the linked account.
The second stage will go until February 12, 2026, with payment of the remaining amount for those entitled to more than R$ 1,800, following a calendar that Caixa will announce later.
The money should be automatically deposited into the bank account registered in the FGTS App for about 87% of workers. Those without an informed account will be able to withdraw at Caixa’s physical channels, such as ATMs, lottery agencies, and CAIXA Aqui service points.
What If I Used the FGTS as Credit Guarantee?
This is a detail that makes a difference for many people. The MP keeps the guarantees for those who used the FGTS as collateral in credit operations, such as fiduciary alienation or fiduciary assignment.
In practice, this means that having a prepayment contract may reduce the amount available for withdrawal. In some cases, part of the balance may be compromised; in others, the entire balance may be locked, leaving nothing to withdraw. The consultation can be made directly in the app.
The Government Says It Is “Fixing” a Problem — and Maintains a Critical Tone Towards the Anniversary Withdrawal
In the announcement, the Minister of Labor and Employment, Luiz Marinho, stressed that the initiative aims to reduce the negative effects of the current model on those facing dismissal. The quote was:
“We are correcting injustices created by the Anniversary Withdrawal law, which penalizes the worker at the time of dismissal. We are doing this while there are no political conditions for the repeal of this law,” he stated.
This criticism also appears in official statements from the MTE regarding the topic. While commenting on the new rules to limit prepayments, Marinho referred to the anniversary withdrawal as a “trap” and summarized the problem directly: “When dismissed, the person cannot withdraw their FGTS balance — and dismissals happen every day.” He also stated that “the anniversary withdrawal weakens the Fund both as a savings tool for workers and as an investment instrument in infrastructure, housing, and sanitation.”
History: The Size of the Anniversary Withdrawal and the Weight of the Prepayment via Banks
Since 2020, the anniversary withdrawal has released about R$ 192 billion from the FGTS. Of this total, approximately 40% was paid directly to workers, while 60% stayed with banks due to prepayments via loans.
Today, about 40 million workers have joined this modality, and 28.4 million have active loans. In total, the FGTS serves about 130 million workers.
At the beginning of 2025, a similar measure released balances for those who were terminated between January 2020 and February 2025. In that period, 12.1 million people benefited, with a release of R$ 12 billion — and Caixa itself detailed that a large part of the audience received via automatic credit in the app, without needing to visit a branch.
New Rules for Anniversary Withdrawal Credit: What Changed in 2025
In addition to the MP, 2025 also brought changes in access to credit that anticipates installments of the anniversary withdrawal.
In October, the FGTS Curator Council approved new rules to restrict this type of operation, and the MTE published the parameters.
Now, those who join the anniversary withdrawal must wait 90 days to make the first prepayment operation, and there will be a limit of one operation per year.
A cap on prepayments was also set: in a transitional manner, up to five installments within 12 months; afterwards, the limit will drop to three installments (three years of withdrawals).
Another important change: previously, workers could anticipate the full amount; now there is a minimum amount of R$ 100 and a maximum of R$ 500 per anniversary withdrawal, which limits total anticipation to R$ 2,500 when anticipating five installments of R$ 500.
FGTS App: Check If You Are on the List and Track the Payment
The quickest consultation is usually through the FGTS App, where workers can check their balance, modality, registered account, and transactions. For those with doubts about withdrawal conditions, Caixa also maintains a page with guidance and documentation required for different legal situations.
If you are already in the anniversary withdrawal modality, it is worth checking if your bank account is registered in the app. This increases the chances of receiving automatically, without relying on in-person service.
Attention to Deadlines and What Can “Eat” the Balance
MP No. 1,331 resumes the full withdrawal for a specific time and with a clear deadline. It also does not “erase” credit contracts secured by FGTS and does not change the rules for resignation requests.
In other words: the right exists, but the final amount may vary depending on loans already contracted and possible blocks. Click here and find out how the Anniversary Withdrawal works.
If you know someone who entered the anniversary withdrawal, went through dismissal, and lost access to the balance, share this information, it could make a difference between waiting and resolving.
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