Understanding the Criteria for Withdrawing 40% of FGTS

The Fundo de Garantia do Tempo por Serviço (FGTS) is a right of workers with a signed contract that is deposited monthly by the employer. It can only be withdrawn under specific conditions, one of which is the dismissal without just cause.

The FGTS is a right of workers with a signed contract that is deposited monthly by the employer and can only be withdrawn under specific conditions. One of these conditions is the dismissal without just cause. When a worker is dismissed without just cause, they have the right to withdraw a portion of the FGTS, including a 40% penalty on the amount deposited by the employer.

However, this right only applies to workers who are dismissed without just cause. Workers who are dismissed for just cause or who resign from their job do not have the right to withdraw the 40% penalty.

## Withdrawing FGTS: What You Need to Know

To withdraw FGTS, workers can use the FGTS application, the Caixa Econômica Federal website, or by phone. The application allows workers to check their balance, request a withdrawal, and even indicate a bank account to receive the funds.

Here are the steps to withdraw FGTS using the application:

- Download the FGTS application from the Google Play or App Store - Log in with your account or create a new one - Check your available balance - Indicate a bank account to receive the funds

Alternatively, workers can withdraw FGTS by visiting the Caixa Econômica Federal website or by calling the phone number 0800 726 0207.

### FGTS Withdrawal Conditions

To withdraw FGTS, workers must meet certain conditions. These conditions include:

| Condition | Description | | --- | --- | | Demission without just cause | The worker must be dismissed without just cause | | Aposentadoria | The worker must be retired | | Compra da casa própria | The worker must be purchasing their own home | | Other conditions | The worker must meet other specific conditions |

Here are the conditions under which a worker can withdraw FGTS in full:

| Condition | Description | | --- | --- | | Demission without just cause | The worker must be dismissed without just cause | | Término do contrato por prazo determinado | The contract must be terminated for a fixed period | | Rescisão do contrato por extinção total da empresa | The contract must be terminated due to the company's complete extinction | | Rescisão do contrato por culpa recíproca ou força maior | The contract must be terminated due to reciprocal fault or force majeure | | Rescisão por acordo entre o trabalhador e a empresa | The worker and the company must agree to terminate the contract | | Aposentadoria | The worker must be retired | | Necessidade pessoal, urgente e grave | The worker must have a personal, urgent, and grave need | | Suspensão do trabalho avulso por prazo igual ou superior a 90 dias | The worker must have been suspended from work for 90 days or more | | Falecimento do trabalhador | The worker must have passed away | | Idade igual ou superior a 70 anos | The worker must be 70 years old or older | | Vírus HIV | The worker must have HIV | | Câncer | The worker must have cancer | | Estágio terminal | The worker must be in a terminal stage of a serious disease | | Trabalhador permanecer por 3 anos ininterruptos fora do regime do FGTS | The worker must have been outside the FGTS regime for 3 years without interruption | | Conta vinculada permanecer por três anos ininterruptos sem crédito de depósitos | The worker's account must have been without credit for 3 years without interruption | | Aquisição da casa própria | The worker must be purchasing their own home | | Liquidação ou amortização de dívida | The worker must be liquidating or amortizing a debt | | Pagamento de parte das prestações de financiamento habitacional concedido no âmbito do SFH | The worker must be paying part of the mortgage payments for a home loan granted under the SFH |

### FGTS Withdrawal Limitations

Workers who are dismissed for just cause or who resign from their job do not have the right to withdraw the 40% penalty. Additionally, workers who are purchasing their own home or liquidating a debt may not be able to withdraw FGTS in full.

The FGTS is a right of workers with a signed contract that is deposited monthly by the employer. It can only be withdrawn under specific conditions, one of which is the dismissal without just cause. When a worker is dismissed without just cause, they have the right to withdraw a portion of the FGTS, including a 40% penalty on the amount deposited by the employer.

However, this right only applies to workers who are dismissed without just cause. Workers who are dismissed for just cause or who resign from their job do not have the right to withdraw the 40% penalty.