All employees with registered work card have a bank account, which nowadays is managed by the Caixa Econômica Federal, and is linked to the Employee Severance Indemnity Fund (Fundo de Garantia do Tempo de Serviço – FGTS). The employer is obliged to monthly deposit 8% of the employee compensation, and in case of the apprentices, that amount is 2%. The balance is corrected accordingly with the savings and capitalized with interest of 3% per year. In case the dismissal with cause, the employer is obliged to pay a 40% fine over the amount already deposited in the account.
FGTS can be withdrawal by patients with cancer, AIDS and another final stage diseases. It can also be withdrawal by the account owner that has as dependent their husband, wife, life partner, parents-in-law, sons or under 21-aged or disabled brother – carrying one of those diseases. FGTS gathering can be requested at any agency of the Caixa Econômica bank.
Documents necessary to request the FGTS withdrawal:
Work and Social Security Card, except when is the case of a non-employed or presenting another document that can prove the employment bound.
Non-employed director or employee ID.
Citizen Card or PIS/PASEP registration or Individual Registration or Individual Taxpayer Registration at INSS to the domestic employee non-registered at the PIS/Pasep.
Minutes of special meeting that decided for the indication and termination of the non-employed director; copy the Articles of Incorporation and its respective amendments registered at the Registry of Deeds and Documents or at the Board of Commerce, or act by the proper authority published at the Official Gazette. Documents can be original or copy, that can be certified when received, or by certified copy.
Medical certificate valid for 30 days, containing the following information:
Disease express diagnosis.
d clinical disease staging/patient.
CID – international Disease Classification.
Physician’s CRM, stamp, name and date, duly signed by him/her.
Text suggestion: “Patient with symptoms related to the disease classified under CID________”; or “Patient presenting malignant neoplasia, due to disease classified under CID________” or “Patient presenting malignant neoplasia according to the Law n. 8,922/94”, or “Patient presenting malignant neoplasia accordingly with Decree n. 5,860/2006”.
Copy of the anatomopathological or histopathologic exam report that was base for the medical certificate preparation.
Dependent evidence, in case of withdrawal for the account dependent of the titular with malignant neoplasia (cancer).
Dependent’s death certificate, in case he/she was deceased due to the disease.
The amount is liberated within 5 working days, counting after the withdrawal request. In case the request is unfairly denied, it is possible to appeal to court, presenting those documents above, the withdrawal request receipt and the total amount balance statement. The Special Civil Court can be appealed free of charge and there is no need to have a lawyer, since the withdrawal is not over 60 minimal wages. In case the appealer wishes, they can request a lawyer or a public defender.
In case the employee is dismissed with cause, he/she is already entitled to receive the 40% fine on the amount already taken due to the cancer.
Notes
Father or mother can withdrawal the FGTS simultaneously if their child is a patient of cancer, AIDS any other final stage disease.
Court has been authorized the FGTS withdrawal for other severe diseases, besides cancer and AIDS, even if the patient is not terminal.