The political party Solidariedade filed a legal action in 2014, which deals with the revision of the FGTS. This action has legal support by the Direct Action of Unconstitutionality (ADI) 5090, filed in 2014. In the request, the party requests the revision of the payment amount of the Severance Indemnity Fund (FGTS) following the inflation index.
Action asks for review of FGTS value according to inflation
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In 2014, the Solidarity party filed a lawsuit with the STF asking for a review of the FGTS payment amount. According to the order, the payment would replace the current model, which is made by the Referential Rate (TR) plus 3% per year.
This change was requested because the TR yields less than inflation, devaluing the payment. In this way, the worker has a lower income from his FGTS over the years. Instead, the value would be corrected according to the inflation index. The decision is supported by the Worker's Guarantee Fund Institute (IFGT), which believes that the action will be approved by the STF.
Who would fit the rule?
The new criteria would only be met for workers with a lawsuit prior to the date of the trial, which will take place on April 20. Thus, only these workers could request a review of the FGTS values. If approved by the STF, ADI 5090 will make workers linked since 1999 receive retroactively corrected payment.
Who receives FGTS?
The FGTS is a monetary fund formed by CLT workers, which grants compensation to them after contractual terminations. It was created by law nº 5107, in 1967, to guarantee stability and security for workers included in the CLT regime.
The amount is proportional to the employee's working time, before the termination of the employment contract. Employers who dismiss employees without just cause or without renewal of the employment contract are subject to the payment of severance pay to employees. These sums are in the FGTS fund and, in addition to them, there is the FGTS fine, which consists of 40% of the FGTS balance of these workers.
Rural workers, with a temporary or undated contract, professional athletes and domestic servants are entitled to the FGTS. The criteria are: dismissal without just cause, entry into own residence, retirement or serious illness.
