Find out here about the denial of the request for the Total Withdrawal of the Severance Indemnity Fund in the midst of a Coronavirus pandemic crisis.
What this article covers:
What is the Full FGTS Withdrawal?
Basically, the FGTS is a financial program that has as its main objective the protection of workers who submit to the dismissal process without the presence of just cause.
The request was made Full Withdrawal of the Severance Indemnity Fund due to the size of the damage caused to workers as a result of the Coronavirus pandemic crisis, but he received a negative response from the 2nd Panel of the Superior Labor Court (TST).
Why was the FGTS Withdrawal request denied?
According to minister Maria Helena Mallmann, the rapporteur for the matter, the request for the Full Withdrawal of Length of Service Guarantee Fund was denied because the pandemic crisis of the Coronavirus is a case that does not fit as a “natural disaster”. In other words, there is no need to make the Full Withdrawal of FGTS due to the pandemic crisis of the Coronavirus.
The labor lawyer Crivelli Advogados Associados Janaína Ramon explains that the concept of natural disaster is linked to phenomena of nature, which are considered cases of “force majeure”, giving the example of the Mariana (2015) and Brumadinho (2019) dams. ). This means that the pandemic crisis of the Coronavirus is framed as a natural disaster.
Despite this, no disaster resulting from a biological catastrophe is found in the law, as is the case with the pandemic crisis of the Coronavirus, which is understood to mean that, in technical language, this is an appropriate decision due to the analysis of the absence of law. However, in the name of defending the worker in a procedural way, in order to have a large number of possibilities to succeed in accepting the request of the Withdrawal, it would be necessary to present documentation with proof of need of value as a food parcel, which would be considered as a means of survival and/or for medical treatment for those who suffered from the worsening of their health status in the midst of the pandemic crisis of the Coronavirus, which are two procedures that should be analyzed before be given the decision of denial of Saque by 2nd Class of Superior Labor Court (TST).