{"id":39808,"date":"2024-06-20T21:14:18","date_gmt":"2024-06-21T00:14:18","guid":{"rendered":"https:\/\/www.vagadeempregorj.com.br\/?p=39808"},"modified":"2024-06-20T21:14:19","modified_gmt":"2024-06-21T00:14:19","slug":"fgts-can-be-discounted-from-the-employee-understand","status":"publish","type":"post","link":"https:\/\/www.vagadeempregorj.com.br\/en\/fgts-pode-ser-descontado-do-funcionario-entenda\/","title":{"rendered":"Can FGTS be deducted from an employee's salary? Understand"},"content":{"rendered":"

The Severance Indemnity Fund (FGTS), known by the acronym, is a right guaranteed to Brazilian workers governed by the Consolidation of Labor Laws (CLT). Created to protect workers in the event of unfair dismissal, the FGTS is a mandatory deposit fund composed of a percentage of the employee's salary. <\/p>\n\n\n\n

What is the FGTS?<\/h2>\n\n\n\n

The Severance Indemnity Fund (FGTS) was established by Law No. 5,107\/1966 and is currently regulated by Law No. 8,036\/1990. It functions as a form of compulsory savings, where employers are required to deposit monthly an amount equivalent to 8% of the employee's salary in an account linked to the FGTS at Caixa Econ\u00f4mica Federal.<\/p>\n\n\n\n

Funds deposited in the FGTS are used for various purposes, such as financing housing programs, basic sanitation, and urban infrastructure. Furthermore, workers can withdraw the balance from their FGTS account in specific cases, such as unfair dismissal, retirement, home purchase, and others.<\/p>\n\n\n\n

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Employee FGTS discount: is it possible?<\/h2>\n\n\n\n

The main question that arises among workers is whether the employer can deduct the FGTS directly from the employee's salary. It is important to clarify that, according to Brazilian law, the FGTS cannot be deducted from the employee's salary under any circumstances.<\/p>\n\n\n\n

The FGTS deposit is the sole responsibility of the employer and cannot be transferred or passed on to the employee. Failure to comply with this obligation subjects the employer to severe penalties, including fines and administrative sanctions.<\/p>\n\n\n\n

Specific situations and possible questions<\/h2>\n\n\n\n

Amid the complexities of labor relations, specific situations arise that require detailed clarification. Interns, apprentices, and temporary workers, for example, frequently question their rights regarding the FGTS (Unemployment Fund for Severance Indemnity).<\/p>\n\n\n\n

Brazilian labor law clearly defines the conditions under which FGTS must be deposited, but these categories have their own peculiarities. Similarly, domestic workers face different scenarios, as the mandatory FGTS deposit for this category was established more recently. <\/p>\n\n\n\n

This segment explores these nuances, offering in-depth understanding and answers to common questions that permeate these specific circumstances.<\/p>\n\n\n\n

Interns and temporary workers<\/h3>\n\n\n\n

In the case of interns, apprentices, and temporary workers, the employer is not required to deposit FGTS funds. These categories of workers are not entitled to FGTS funds, as they do not fall under the definition of a worker under the CLT.<\/p>\n\n\n\n

Domestic workers<\/h3>\n\n\n\n

For domestic workers, the FGTS is also not mandatory. The mandatory FGTS deposit for domestic employees was only established by Complementary Law No. 150\/2015.<\/p>\n\n\n\n

Agreement between employee and employer<\/h3>\n\n\n\n

Under no circumstances may there be an agreement to deduct FGTS (Unemployment Fund for Severance Indemnity) from an employee's salary. Any such attempt constitutes a violation of labor laws and must be reported to the appropriate agencies, such as the Public Prosecutor's Office of Labor and the Regional Superintendence of Labor.<\/p>\n\n\n\n

Consequences of the employer not depositing the FGTS<\/h2>\n\n\n\n

Failure by an employer to comply with the FGTS deposit obligation entails several legal and financial consequences. Among them, the following stand out:<\/p>\n\n\n\n