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The Ministry of Labor and Employment (MTE) Announced Change in the Rules of the Birthday Withdrawal of the FGTS, Which Will Benefit Millions of Workers!
The Ministry of Labor and Employment (MTE) announced an important change in the rules of the Birthday Withdrawal of the FGTS, which will benefit millions of workers across Brazil.
The change will be formalized by a Provisional Measure (MP) signed by the President of the Republic this Friday (28).
Above all, this allows workers dismissed without just cause who adhered to the birthday withdrawal modality to access the full amount of the FGTS, instead of just the termination fine.
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Understand the New Rules of the Birthday Withdrawal of the FGTS
The main change in the Birthday Withdrawal of the FGTS is that now, workers who were dismissed without just cause and opted for this modality will be able to access the full amount of their FGTS.
Before this change, those who adhered to the birthday withdrawal could only withdraw the termination fine of 40% of the balance of the guarantee fund in case of dismissal.
With the new MP, the worker who fits into this scenario, that is, who was dismissed without just cause after opting for the birthday withdrawal, will be able to withdraw all the retained balance in the FGTS account.
According to the MTE, approximately 12.1 million people will benefit, with a total movement of R$ 12 billion.
Changes in Access to the Value of the FGTS: What You Need to Know
Before the modification, the worker who chose the birthday withdrawal received the value of the guarantee fund only in installments proportional to their birthday.
In addition to being restricted to the value of the termination fine in case of dismissal.
If the worker wanted to return to the Termination Withdrawal model, where it is possible to withdraw the total balance of the FGTS, they would have to wait for a two-year grace period.
Therefore, the worker dismissed without just cause will be able to access the full amount of the FGTS, even without waiting for the two-year grace period, and still maintain the adhesion to the Birthday Withdrawal.
How Will the Payment of the Birthday Withdrawal Work?
The total amount of the FGTS will be paid in two stages. In the first stage, up to R$ 3,000 will be released, with the date yet to be confirmed.
In the second stage, the remaining amount, if any, will be paid within 110 days after the publication of the Provisional Measure.
This change will benefit both those who were recently dismissed and those who were dismissed between January 2020 and the date of publication of the MP.
The payment will be made directly to the bank account linked to the worker’s FGTS, without the need for new steps or registrations.
Who Is Affected by the New Provisional Measure?
The new rules exclusively affect workers who are already registered in the Birthday Withdrawal and were dismissed without just cause between January 2020 and the date of publication of the MP.
For these workers, the total balance of the FGTS will be available, without the need to fulfill the two-year grace period to return to the Termination Withdrawal.
It is important to highlight that the Provisional Measure will not be applied to workers who adhere to the birthday withdrawal after the established deadline or who are dismissed from employment after the publication of the MP.
These workers will continue to operate under the old system, where they will only have access to the termination fine and the partial value of the balance.
What Does This Mean for Workers?
With the new rules of the Birthday Withdrawal, workers affected by dismissal without just cause will have an easier time accessing the amounts withheld in their FGTS.
At first, it may represent an important financial relief, especially in times of economic difficulties.
For those who were already registered in the birthday withdrawal before the publication of the MP, the benefit of receiving the total balance is a great advantage.
This change also reinforces the government’s commitment to support workers who are facing difficulties due to job loss.
Above all, facilitating access to essential resources for their survival and financial restructuring.
What to Expect from the Birthday Withdrawal from Now On
The new rules of the Birthday Withdrawal of the FGTS mark a significant change in the conditions of access to the guarantee fund.
Starting in 2025, workers dismissed without just cause who opted for the birthday withdrawal will be able to withdraw the full amount of their FGTS accounts.
Therefore, without the need to fulfill a two-year grace period.
At first, this change will affect millions of people, allowing them to access essential resources to re-establish themselves after job loss. Thus, the payment will be made in two stages, with deadlines to be defined.
The financial institution will transfer the amount directly to the bank account linked to the FGTS.
Although this is good news for many workers, it is important to remember that the measure does not apply to everyone.
Therefore, the worker who adheres to the birthday withdrawal after the publication date of the MP or is dismissed after the deadline will have to follow the old rules, which limit the withdrawal to the value of the termination fine.
With these new rules, the Birthday Withdrawal of the FGTS will alleviate those who are dismissed.
After all, it will bring more security and flexibility in accessing the resources of the guarantee fund.
Eu optei pelo saque aniversário em 2024 e retirei o valor. A próximo saque está programado para o dia 02/06/2025. E tenho valores no FGTS e não fui contemplado pela medida provisória do governo federal.