Employees who provide services under the CLT (Consolidation of Labor Laws) regime have many labor rights guaranteed by law. Among these norms are the payment of unemployment insurance and a fine of 40% of the Severance Indemnity Fund (FGTS) for those dismissed without just cause.
However, the Grupo de Altos Estudos do Trabalho (Gaet) carried out a survey and recommended a labor proposal to reformulate the FGTS unemployment insurance and fine. The justification for this action would be the reduction of employee turnover, but the Government did not take it into account.
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Small reform labor proposals
With regard to the FGTS, Gaet's proposal is that the company pay the 40% fine to the Government. Thus, he would make deposits of up to 16% during the first thirty months of work, and the higher the employee's salary, the lower the deposited percentage.
However, with the end of this period, the Government would suspend the deposit and only the responsible company would continue to contribute with the 8% of the FGTS. If the amount in the account exceeded 12 minimum wages, the employee could withdraw the excess amount every month.
In addition, the payment of unemployment insurance would also be interrupted at the time of dismissal, as the worker would still be receiving part of the FGTS. Thus, an amount of up to 12 minimum wages would remain in the Guarantee Fund account for withdrawal after dismissal.
The purpose of this small reform is to prevent employees from forcing themselves to resign in order to have access to unemployment insurance and FGTS. Therefore, this would reduce employee turnover and increase the qualification of workers.
Can this little makeover really happen?
As it is a survey, hypotheses were elaborated, but the Federal Government claims not to be considering the proposal at the moment. Therefore, there are no scheduled dates to evaluate or judge the project.
Furthermore, the union did not welcome the suggestion to end these worker benefits. This is because the measure can have an effect that is completely contrary to what was expected, since employers could dismiss employees in a simpler way.
