FGTS and unemployment insurance
LATAM
Questions about unpaid FGTS (Severance Indemnity Fund) deposits or unemployment insurance after working at LATAM? See how to check the deposits and apply for the benefit.
Updated on
What to do, step by step
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Check your FGTS statement in the FGTS app and confirm that the monthly deposits (8% of salary) are up to date.
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Compare it with your payslips (holerites) and the period worked at LATAM; note the months without deposits.
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If deposits are missing, request regularization in writing and contact your union or the MTE (Ministry of Labor and Employment, Disque 158), which also receives complaints.
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In dismissal without cause, FGTS withdrawal and unemployment insurance may be available; the insurance application is made 7 to 120 days after dismissal, through the Carteira de Trabalho Digital app or on gov.br.
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A claim for unpaid FGTS must be filed within 2 years after the contract ends and, as a rule, covers the last 5 years (art. 7, XXIX, of the Constitution).
Official channels for workers
- Labor inspection
- MTE · 158
- Public Labor Prosecutor’s Office
- MPT: guidance and complaints
- Labor Courts
- Superior Labor Court (TST)
Frequently asked questions
How many unemployment insurance installments am I entitled to?
It depends on the number of previous applications and length of work, generally 3 to 5 installments. Check the current rules on gov.br.
The employer did not deposit my FGTS. What now?
You can request regularization, report it to the MTE (Ministry of Labor and Employment) and, if necessary, turn to the Labor Court. Keep statements and payslips.
Can someone who resigns withdraw the FGTS?
As a rule, they cannot withdraw the balance, do not receive the 40% penalty and are not entitled to unemployment insurance, except for exceptions provided by law. Check each case.
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