The Severance Indemnity Fund (FGTS) is a right of Brazilian workers, designed to protect them in the event of unfair dismissal, and to allow them to use the fund in specific situations, such as purchasing a home or in emergencies. But what about those who are not employed? Can they access the FGTS? See the situations in which people who are not working may be eligible for it.

What is the FGTS?

The FGTS (Severance Fund for Severance Indemnity) is a fund created in 1966 that aims to provide workers with a financial reserve in certain situations. Employers are required to deposit 8% of each employee's salary into an account linked to the FGTS each month. Workers can access these funds in specific situations, such as unfair dismissal, retirement, and property purchases, among others.

Can someone who doesn't work have FGTS?

Although the FGTS is, by nature, a benefit associated with employment relationships, there are some situations in which unemployed individuals may be eligible for this fund. Let's analyze these circumstances:

Contract termination

If a person was laid off from their previous job and didn't find a new job, they still have a FGTS balance from their previous employment. In this case, they can withdraw the amount deposited in their FGTS account.

Retirement

Workers who retire have the right to withdraw their FGTS balance, regardless of whether they were employed at the time of retirement. This applies to both contributions and disability retirements.

Serious illness

People diagnosed with serious illnesses, such as cancer, AIDS, multiple sclerosis, and others, can access the FGTS (Unemployment Fund), even if they are not working. To do so, they must present medical reports proving their condition.

Property acquisition

Individuals who are not employed can also use their FGTS balance to purchase a property. This includes both home purchases and construction or renovations.

Death of the worker

In the event of a worker's death, dependents are entitled to withdraw their FGTS (Unemployment Fund). This can occur even if the person was not working at the time of their death.

Participation in social programs

Some Brazilian government social programs may offer access to the FGTS for unemployed individuals, provided they meet specific criteria. It's important to check the rules for each program.

How do I request a withdrawal from the FGTS?

To request a withdrawal of FGTS, even without an employment relationship, the worker must follow some steps:

  1. Check balance: The first step is to check the balance available in your FGTS account. This can be done through the Caixa Econômica Federal website or the FGTS app.
  2. Gather documents: Depending on the situation, specific documents will be required, such as medical reports, proof of retirement or death certificates.
  3. Make the request: The request can be made at a Caixa Econômica Federal branch, through the FGTS app, or through the website. It's important to follow the instructions provided and submit all necessary documentation.
  4. Wait for analysis: After the request, Caixa will analyze the documentation and provide feedback regarding the release of the withdrawal.

Although the FGTS is closely linked to employment, there are several situations in which people who are not working can access the fund. Whether due to contract termination, retirement, serious illness, or other reasons, it's important to be aware of your rights and withdrawal possibilities. If you find yourself in any of these situations, don't hesitate to seek information and submit a request to Caixa Econômica Federal. This way, you'll be able to access these resources and utilize them in the best possible way.

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October 3, 2024