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Those who believe that FGTS cannot be blocked are mistaken; however, there is a solution for this. Find out here!
Many believe that FGTS cannot be blocked. Even though it is a worker's right, the amount in the Service Time Guarantee Fund can, in fact, become inaccessible to the account holder, although this happens only in very specific circumstances and, in many cases, understandable ones.
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In fact, the FGTS balance is blocked when the worker faces complications with the birthday withdrawal, which is one of the most frequent reasons for the funds becoming unavailable.
Read also:How to advance FGTS amounts? Step by step!
In addition to the withdrawal, which acts as a kind of bonus, legal aspects can cause this restriction.
Understand what can result in the blocking of FGTS and how to get around it
Legal proceedings
According to information provided by Caixa Econômica Federal, an employee may have their FGTS blocked if they are involved in legal proceedings related to the fund. In addition, if the judiciary orders compensation using the accumulated amount, the funds are blocked.
Therefore, to have the funds unblocked, the individual will need to request a new court order seeking access to the balance.
FGTS blocked due to the birthday withdrawal
The blockage also occurs when the individual takes out a loan by anticipating the fund's birthday withdrawal. In short, the FGTS balance is retained and serves as collateral for the loan.
And what is the solution? Well, to access the amount, the employee must be willing to advance the payment of the loan installments. If feasible, they may even choose to pay the debt in full.
Read also:FGTS: Workers may receive up to R$ 10,000 in adjustments; understand the process!
Employer request
In addition to legal issues and the obstacles of anticipating the birthday withdrawal, a reimbursement request made by the employer may cause the Severance Pay Fund to be blocked. This happens because, if the employer deposited an excessive amount by mistake, they have the right to recover it.
The balance remains blocked while Caixa evaluates the reimbursement process. Therefore, the employee must wait for its release.