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Federal Government Releases FGTS Withdrawal for Worker of Anniversary Withdrawal Terminated Since 2020. Withdrawal Begins in December.
The federal government authorized the full withdrawal of FGTS for workers who opted for the anniversary withdrawal and had their contract terminated or suspended between January 2020 and December 23, 2025.
The release occurs through Provisional Measure No. 1,331, published this Tuesday (23), and benefits approximately 14.1 million people nationwide.
Payments begin in December and total approximately R$ 7.8 billion, with operational management by Caixa Econômica Federal.
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The measure allows the worker to access the total balance of FGTS related to the terminated or suspended contract, something that was previously limited by the anniversary withdrawal rule. The decision aims to correct distortions created by the current legislation, which restricted access to resources precisely at the time of dismissal.
What Changes With the New Release of FGTS Withdrawal
With the new rule, the worker who opted for the anniversary withdrawal now has the right to the full FGTS withdrawal in the cases provided by law, such as dismissal without just cause or temporary suspension of the contract. Until now, in these cases, the withdrawal was limited to the 40% termination fine.
Thus, the federal government resumes a similar authorization granted in February of this year, which lost validity in July due to the lack of a vote in Congress. If the new Provisional Measure is not analyzed within 120 days, it may also lose effectiveness.
How the Anniversary Withdrawal of FGTS Works
The anniversary withdrawal is an optional modality that allows the worker to withdraw, annually, a part of the FGTS balance in the month of their birthday. However, upon opting for this option, the worker loses the right to the full withdrawal of the fund in case of dismissal without just cause.
The legislation allows a return to the traditional model, called termination withdrawal, but this change only takes effect after two years from the request. Therefore, many workers were left with their balance retained after dismissal.
Who Has Right to Full FGTS Withdrawal
Workers who opted for the anniversary withdrawal and had their contract terminated or suspended between January 2020 and December 23, 2025, are entitled to the FGTS withdrawal. The situations include dismissal without just cause and temporary suspension of the contract, as occurred during the Covid-19 pandemic.
On the other hand, those who resigned are not included in the new authorization. In these cases, traditional rules apply, with no access to the FGTS balance or the termination fine.
Calendar and Payment Method to the Worker
According to the Provisional Measure, the payment will occur in two stages. By December 30, 2025, an amount of up to R$ 1,800 will be released, depending on the available balance in the FGTS account.
By February 12, 2026, the worker will receive the remaining amount, if entitled to larger sums. The deposit will be automatic for about 87% of beneficiaries who have an account registered in the FGTS app.
Loans Can Reduce the Amount of Withdrawal
Part of the 14.1 million workers will have their withdrawal reduced due to loans contracted with FGTS as collateral.
In some cases, the entire balance is committed, preventing the withdrawal.
The query can be made directly in the FGTS app, where the worker checks for available amounts.
Government Says Measure Corrects Injustices
According to the Minister of Labor and Employment, Luiz Marinho, the initiative aims to minimize the negative impacts of the anniversary withdrawal on dismissed workers.
“We are correcting injustices created by the Anniversary Withdrawal law, which penalizes the worker at the time of dismissal. We do this while there are no political conditions for the repeal of this law,” he stated.
The Ministry of Labor and Employment emphasizes that the change is temporary and does not apply to workers dismissed after the publication of the Provisional Measure.
History of Anniversary Withdrawal and Impact on FGTS
Since 2020, the anniversary withdrawal has released about R$ 192 billion from FGTS. Of this total, only 40% went directly to workers, while 60% remained with banks through credit anticipations.
Currently, around 40 million workers have opted for this modality. Of these, 28.4 million have active loans linked to FGTS, which limits access to the balance in cases of dismissal.
Recent Restrictions on Anniversary Withdrawal Credit
In October, the FGTS Curator Council approved changes that restrict the use of FGTS as collateral for loans. The anticipation was limited to up to five installments in the first year and three installments in subsequent years.
In addition, a cap of R$ 500 per installment was established, and a minimum period of 90 days after opting for the anniversary withdrawal to contract credit was set. The measure aims to protect the worker from excessive indebtedness.
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