I opted for the anniversary withdrawal and was fired: what should I do?

“I opted for the anniversary withdrawal and was fired” is one of the most frequent searches among those going through the termination process.

What is the anniversary withdrawal?

The anniversary withdrawal is a relatively new possibility, as it came into effect in 2019.

If you were already in the job market before this event, you certainly know that previously it was only possible to withdraw FGTS at the time of termination of the employment contract.

In this way, all the FGTS deposits remained in the account until the withdrawal occurred at the time of termination.

The anniversary withdrawal was created precisely to offer more possibilities to the worker, so that he can benefit from the FGTS, even if he is not fired.

Explaining it in a practical way, the anniversary withdrawal consists of a withdrawal method, in which the worker can withdraw approximately 30% of the value present in the account in the month of his/her birthday.

This means that if João (fictitious name) has R$ 5,000.00 in his FGTS account and his birthday is in July, in that month he can withdraw the equivalent of R$ 1,500.00.

It is worth mentioning that the anniversary withdrawal only works upon registration, therefore, it only occurs for workers who enable the function in the app.

Furthermore, the withdrawal occurs automatically and is deposited into the account specified in the application.

A big advantage of the anniversary withdrawal is that you don't have to wait until termination of employment to use your FGTS.

Furthermore, it is known that in the traditional modality, the FGTS can only be withdrawn in the event of dismissal without just cause.

Therefore, for those who resign or have their termination justified, the account amounts are blocked.

This does not happen with anniversary withdrawals, as the method is independent of contract termination.

But, what about the question "I opted for the anniversary withdrawal and was fired", what happens in this case?

We will see the answer soon!

What is the difference between withdrawal and termination?

Previously we saw a basic explanation about the anniversary withdrawal.

Therefore, we already know that this is a withdrawal method, an alternative to the old method, where it was only possible to withdraw the FGTS in the event of termination without just cause and by decision of the employer.

This old method consists of the withdrawal-termination, which is nothing more than the traditional method, which was previously the only way to withdraw the FGTS.

In the withdrawal-termination, the deposited amounts are stored in the account, and it is only possible to withdraw at time of termination.

This is a safe and interesting alternative for those who do not want to run the risk of financial hardship in the event of job loss.

However, among the disadvantages of this modality, we can highlight:

Inability to use FGTS during the contract period;
It does not work in case of resignation by the employee;
Does not release in case of dismissal for just cause.

Therefore, we can conclude that in this modality it is only possible to withdraw the amounts in a very specific occasion, which is dismissal without just cause.

On any occasion other than this, the FGTS amounts are blocked, which only ceases to exist if there is a special release by the government.

Now speaking about the main differences between the anniversary withdrawal and the termination withdrawal, we can highlight the moment of withdrawal.

This is because, for those who opt for the anniversary withdrawal, it is not possible to withdraw amounts at the time of termination.

This means you would have to wait for the annual opportunity to withdraw 30% of the total balance.

With the severance pay, you can withdraw everything at once, which helps in the event of an unexpected dismissal.

In the next topic we will understand what happens in the situation "I opted for the anniversary withdrawal and was fired".

I opted for the anniversary withdrawal and was fired: what should I do?

Throughout the previous topics we were able to better understand the possibilities of FGTS withdrawal.

With that, it became clear that you can choose to withdraw your balance in two ways: a little each year, or wait until the moment of termination and withdraw the entire balance.

As we can see, if you choose one modality, the other is automatically suspended.

And with that, we come to our central question: after all, if I opted for the anniversary withdrawal and was fired, what happens?

As we have seen, in this situation you will be able to withdraw 30% of the balance once a year, but at the time of termination you will not be able to withdraw the entire balance of the account.

Therefore, if you are dismissed and have opted for the anniversary withdrawal, you will not withdraw anything other than the termination fine, corresponding to 40%.

This is because during the anniversary withdrawal, the account balance is paid gradually.

This means that if you go through the dismissal process in November and have a birthday in January, at the beginning of the year you can withdraw 30% from the account balance.

In the case of termination withdrawal, you withdraw everything, but you will not have anything left to withdraw in the near future, having to wait for the end of the next employment contract.

So, for those who signed up for the anniversary withdrawal, there is nothing to do other than withdraw the 40% of the FGTS termination fine.

This is because, to withdraw the balance itself, you need to wait for the annual opportunity, in the month of your birthday.

However, something that weighs heavily is the lack of guarantee in case of dismissal, since the FGTS helps a lot at this time, but in the anniversary withdrawal this possibility does not exist.

The good news is that you can disable this option if the conditions don't suit you, and we'll see how to do that below.

How to enable/disable birthday withdrawal?

We previously explained everything about FGTS withdrawals.

With this, you can now choose which withdrawal method makes the most sense for your needs.

This is because there is no better or worse alternative, as both have their strengths and weaknesses.

Since, although the severance pay offers greater guarantees in the event of dismissal, we cannot forget that it only occurs in the event of dismissal by the employer without just cause.

Therefore, for those who are not in this situation, the balance is blocked, and the guarantee ceases to exist.

This problem does not exist with anniversary withdrawals, but it is impossible to withdraw everything at once, and in the event of dismissal, you do not have any guaranteed funds.

Therefore, whether or not to opt for the anniversary withdrawal is a very personal matter, and only the worker can decide what is best.

However, it is important to first explain that there is a grace period between disabling the anniversary withdrawal and joining the termination withdrawal.

This is because, if you disable the anniversary withdrawal function, you will only be able to withdraw your balance in the termination mode after the 25-month grace period.

Therefore, in the meantime between deactivation and the grace period, you will continue to receive 30% per year, in the month of your birthday.

When the grace period ends, withdrawals will stop, and you can withdraw everything in the event of dismissal.

To enable/disable the function is very simple, just go to the FGTS app and search for "Saque-anniversário".

Click on the option, and then select whether you want to opt in or opt out.

It's that simple, you can select the best alternative for your needs.

So, now you know what happens if you "opted for the anniversary withdrawal and got fired"!

After being fired, how many days do I have to receive FGTS?

News

Roberta 31 de October de 2023