September 22, 2021

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FGTS review: Can someone who had a formal contract from 1999 apply?  Accounting Journal Network

FGTS review: Can someone who had a formal contract from 1999 apply? Accounting Journal Network

It will be possible to request a revision of the FGTS by those who have worked with an official contract from 1999 onwards, and since this is an economic right, the term for those who have experienced losses in the FGTS is 30 years. Thus, those who worked from 1999 onwards have until 2029 to claim losses incurred in 1999.

The procedure under judgment in the Federal Supreme Court (STF) requests a change in the index used to correct the FGTS balance. In 1999, adjustment began on the basis of TR (Reference Rate), which is currently zero, plus 3% per annum.

Desire to use another indicator, such as the National Consumer Price Index (INPC), so that workers are not hurt anymore, with their balances reduced.

According to a survey by the Institute of Workers’ Guarantee Fund (IFGT), the use of TR has already resulted in a cumulative loss of R$538 billion since January 1999.

The factor expects the STF to be favorable to him, in order to correct the balance to cover accumulated inflation. This right will be valid for those who worked with an official contract between 1999 and 2013.

How to request an FGTS review?

To request a review of the FGTS (Employee Guarantee Fund), it will be necessary to file an individual or group lawsuit before a court ruling. The reason is that the STF can decide to favor those who already have a lawsuit in court to restore these values.

The documents needed to open the process are RG, CPF, Business Card, Proof of Address and FGTS Abstract. You can also hire a Social Security attorney to help you through this process.

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To open the process, it is necessary to provide RG, CPF, business card, proof of address and FGTS extract. Those who prefer can hire a Social Security attorney to help with the process.

See the workers who can request a review:

  • city ​​workers
  • rural workers;
  • Intermittent workers (Law No. 13.467/2017 – Labor Reform);
  • temporary workers
  • individual workers
  • Safreros (rural workers, who work only during the harvest period);
  • professional athletes (football, volleyball, etc.);
  • A non-working manager may be equivalent to other workers subject to the FGTS and;
  • housekeeper.

According to estimates, the amounts to be received can reach 88% of the balance, however, it is necessary to analyze their data to find out how much each worker can receive.

Estimates

A worker who has registered 10 years in the portfolio and an average salary of R$2,000 can receive amounts in excess of R$5,000.
A worker who has registered for 10 years in the portfolio and with an average salary of R$ 8000 is entitled to receive amounts of R$ 20,000.