Life is made up of ups and downs, one of the things we have no control over is when you get fired from your job, and what happens to your FGTS, PIS/Pasep and unemployment insurance at that time? Well, we will respond here and make it clear to you how this part of your future will be.
What this article covers:
What happens when the worker is fired?
When dismissal occurs, the worker loses the position he held and his right to continue at work. The company then begins to calculate how much the employee should receive, how much he will receive upon his contractual termination.
What is included in the contract termination is the following:
The worker is entitled to salary for the days worked during the dismissal period. That is, the period in which the worker provided service, now you divide the balance by the days of the month and then multiply by the time worked.
Prior notice worked or indemnified
The notice is to inform the company formally of the dismissal, it can be to remain at work for 30 days or pay compensation for that time.
13th proportional salary
The 13th proportional salary due to the employee is proportional to the months that the employee spent in the company.
Accrued and proportional vacations
It is the value of the entire vacation period, one month per year worked, that the worker did not take proportional to the time he was fired, the value of ⅓ of the salary plus the gross value.
The fine is part of the amount that the company paid to the employee’s guarantee fund, it can be 20% in fair agreement dismissal or 40% without just cause.
Who is entitled to FGTS, PIS/Pasep and unemployment insurance?
In the year 2022 in Brazil, to receive these benefits there are some things that the worker must keep in mind and be up to date on:
- Have 5 or more years of PIS/PASEP registration;
- Have carried out paid activity for a Legal Entity for at least 30 consecutive days in the base year of the calculation.
- Have received an average remuneration of at least two minimum wages during the base year considered for calculating the benefit;
If according to these prerequisites everything is fine, then the worker will enjoy his rights after dismissal. You always need to stay up to date and knowledgeable about.
The Severance Indemnity Fund serves as a guarantee for workers to receive money after being dismissed, in order to cover wages they will no longer receive. It was created in 1967 by the Federal Government, it guarantees that the company makes a “savings” for the worker.
PIS / Pasep
The Pasep was created and unified with the PIS – Social Integration Program, thus creating the PIS-PASEP Fund.
To receive it, you must have been registered with the PIS/PASEP for at least 5 years.
With the current economic problems in Brazil, the Unemployment Insurance has become very important, it is basically a benefit that offers cash assistance for a while according to the time worked, this time that will guarantee alternately or continuously up to 5 installments.
- The worker entitled to this benefit is one who is:
- Formal and domestic worker, due to dismissal without just cause, including indirect dismissal;
- Worker rescued from a slave-like condition.
- Professional fisherman during the closed season;
- Formal worker with a suspended employment contract due to participation in an ongoing or professional qualification program offered by the employer;
It is always good for workers to remember this right they have in order not to go through troubled times after losing their job.
How to consult PIS/Pasep law?
It has already been said who is entitled to PIS/PASEP, now it’s time to find out how to consult yours.
To consult the PIS, you must have your CPF in hand, then enter the MY INSS website, check if you have a record. If you don’t have it, you can do it right away, then enter your CPF and password. Now you can access and see your PIS.
To check the PASEP, you can do it online on the website of Banco do Brasil, the INSS or by calling the Social Security number (135).
The Brazilian worker has many rights, and many companies unfortunately do not comply with these rights. It is therefore always necessary to know your rights to remain active in the labor market. With the information in this text, you will learn more about.