Understanding the new rule for the FGTS Birthday Draw

The birthday withdrawal, which was implemented in 2019, allows an amount of FGTS balance to be withdrawn from a worker’s account in the month of his or her birth.

Now, four years after this benefit was created, the federal government must soon send a bill (PL) to the National Congress that changes the rules of the method, allowing a new option for workers. Find out what rules will be followed for FGTS refunds.

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How does the current rule for birthday withdrawals work?

While implementing the new Christmas withdrawal bill, it is worth remembering that currently, anyone who chooses a Christmas withdrawal will not be able to withdraw the full amount from the account when it is dismissed. The worker can only withdraw the amount consisting of the termination fine.

Another rule is that if a worker chooses an annual withdrawal and wants to return to the termination withdrawal, he or she will not be able to make that change until after 25 months.

The Minister of Labor and Employment, Luiz Marinho, does not welcome the benefit, as he believes that the anniversary of the withdrawal will weaken the investment fund for job generation. “We cannot deceive workers by urging them to withdraw money on their birthday. It is necessary to maintain the fund’s goal of withdrawing when there is a disaster of unemployment.”

In this way, Marineau demonstrated that the anniversary looting did not meet his approval, and that it might not continue. But what determines the new rule that the Ministry sent to the Civilian Chamber of Deputies and will then be sent to the National Congress? Check it out below.

Learn about the new rule for birthday withdrawals

The new Christmas withdrawal rule will allow formal workers to withdraw the full amount of FGTS, plus a termination penalty, in the event of dismissal without just cause.

Another important factor is that the measure will have retroactive effect after April 2020. This way, anyone who has previously opted for a Christmas withdrawal, but was laid off during that period and cannot withdraw the FGTS, due to the old rule, will be able to take the remaining amounts in the FGTS, They only received the amount equivalent to the fine paid by the employer.

According to Minister Marinho, the changes come to respond to requests from workers who have been laid off and want to withdraw the remainder of their FGTS balance, but are still unable to do so under the current rules.

On the other hand, the new proposal specifies that a worker who has joined the Christmas draw and now wants to request a lump sum refund is not entitled to this method.