- One of the judgments most awaited by the workers is the one that will decide on the revision of the FGTS;
- In the case of workers’ savings, the focus will be on the rate affecting the adjustment of the balance deposited on active and inactive accounts;
- As regards the thirteenth month, the STF will decide whether or not to burden the social security contribution on the proportional indemnity, referring to the indemnified notice.
THE Federal Supreme Court (STF) must judge in short, a diversity of actions associated with the law of labor reformin effect since then 2017. If approved, features like the FGT extension and the 13th salary the rules will change.
Although the main topic of debate is the model of intermittent employment contracta labor reform It can also affect factors like the Severance indemnity fund (FGTS) and the 13th salary.
when it comes to worker savingsthe emphasis will be on burden on the correction of the balance deposited on active and inactive accounts. under the FDR presents the main points to be modified where possible labor reform Of Lula government.
Changes in labor reform
FGT extension
One of the most awaited judgments from the workers is the one who will decide on FGT review. Presented by Feast of Solidaritythe unconstitutionality action argues that the fund “must be updated by a constitutionally eligible index”.
At the moment, the amount accumulated in the accounts is corrected by the reference rate (TR) plus 3% per annumwhich is not enough to cover inflation. “This correction causes the worker to lose purchasing power, as it does not replace the losses with inflation”explains the President of the Workers’ Guarantee Fund, Mario Avelino.
Honestly, the adjustment should be based on the national extended consumer price index (HICP) or another indicator capable of predicting inflationary losses.
What is FGT?
THE FGT extension It is a work performance governed by art Consolidation of Labor Laws (CLT). soon, everyone formal workerthe one with designer walletis entitled to this function.
In practice the FGT extension It’s kind of savings created by each worker. Since the company formalize the employment relationship by signing the worker’s cardmonthly deposits a Federal Economic Caixa (CEF) It must be done.
Every deposit is the same 8% of the worker’s gross salaryand must be transferred by the employer to the bank until 7 of each month. If the date falls on a weekend or public holiday, the deposit must be made on the next working day. Failure to meet the deadline will result in interest and a fine for the employer.
Who is eligible for FGTS?
THE right to FGTS is granted to the same groups of workers that make up the FGT extension generally like:
- Rural workers, including harvesters;
- fixed-term workers;
- Intermittently hired workers;
- Self-employed;
- non-employee directors;
- Workers who carry out activities at home;
- Professional athletes.
13th salary
Regarding 13th salaryThe stf will decide if the social security contribution is burdened or not on the proportional allowancerefering to notice waived. According to a lawyer specializing in Pension law, Catarine MulinariIt’s over there “The contribution should not be charged on this quota, in particular, because there is no effective work”.
THE 13th salary they are all right worker with regular contract. Known as a traditional Christmas bonus, the benefit begins to be valid from 15 days of formal work.
the benefit is paid in proportion to the hours worked, able to earn a full salary of the worker if he has complied 12 months of service in the company.
THE 13th salary It is an obligation of the employer established by art Consolidation of Labor Laws (CLT). However, it is quite common cases where the company neglects to pay. In this circumstance, the penalty can be a administrative fine.
How does the 13th salary payment work?
THE 13th salary it is a guarantee that the worker must receive 1/12 of your salary per month worked. If he continues to work in the company for 12 monthsis entitled to receive an extra salary.
THE The Christmas allowance is proportional to the period worked during the year in question. For example, if a citizen was registered with a signed wallet in the file Augustafter 15 days of provision of servicesThe 13th salary will come into effect. The catch is made up to Decemberthus generating the proportional calculation.
Full payment of 13th salarywhich will match amount of monthly salaryit will come into effect only later 12 working for the same company. Importantly, the Christmas check it was one of the few voices that prevailed without adjustment, even with labor reform.
Who can receive the 13th salary?
THE 13th salary is directed to workers performing formal wage-earning activitiesthis is, with a signature on the work card for more than 15 days. However, to be eligible for the benefit, other requirements must also be met, such as:
- Be an INSS rural, urban, single, domestic or retired worker;
- Employees dismissed for just cause do not receive the thirteenth salary if the termination occurred before the payment of the first installment;
- Employees on leave who receive sick pay or who have suspended work receive the Christmas bonus proportional to the time worked, while the rest must be paid by the INSS;
- Workers on leave due to injury are entitled to thirteenth pay proportional to the time worked in the reference year;
- Interns are not entitled to the 13th salary, but companies can pay it voluntarily.
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