My company did not deposit my FGTS, and now Understand what to do in this situation

It is the employer’s duty to deposit employees’ FGTS into the account every month without deducting it from their base salary. However, when this does not happen, there are serious consequences.

Have you ever stopped to check whether your FGTS deposits are being made correctly by your company? It is important that you keep track of your balance.

This is a doubt that many Brazilian workers have, but they don’t always know what to do when something is wrong. If you are in this situation, know what to do if this happens!

Did your employer not deposit the FGTS as it should? Find out how to solve the problem! / Credit: @jeanedeoliveirafotografia /

How does FGTS work?

In principle, the FGTS (Service Time Guarantee Fund) is a right of Brazilian workers with a formal employment contract.

It represents a financial reserve that the employee can access in specific situations, such as unfair dismissal, retirement, purchasing their own home, among others.

Generally, the FGTS deposit is the responsibility of the employer, who must deposit monthly the equivalent of 8% of the employee’s gross salary into a linked account at Caixa Econômica Federal, specially opened for this purpose.

Compliance with this obligation is fundamental to the worker’s financial security.

What happens when there is no FGTS deposit?

Every worker with a formal contract is entitled to the FGTS and companies must deposit part of their gross salary monthly.

Therefore, if the company fails, it faces interest, fines and could even lead to indirect termination of the employment contract. But don't worry, there are ways to solve this!

How to check FGTS deposits

Thanks to technology, checking your FGTS deposits is now easy. With the FGTS app (Android: or iOS: you can follow everything closely. If you notice any irregularities, it’s time to take action.

First steps to resolve lack of deposit

The first thing to do is talk to your employer. The situation can often be resolved amicably.

Give a deadline for the regularization of deposits. If this doesn’t happen, there are other measures you can take.

Find out more: FGTS changes the rules: is it possible to receive the birthday withdrawal EVEN after dismissal? Understand!

Looking for your rights

Now, if dialogue does not resolve the issue, you can report the situation and seek your rights in court.

Furthermore, failure to deposit FGTS may be grounds for indirect termination of the employment contract, in which you, as an employee, may "fire" your employer for failing to comply with their legal obligations.

Indirect termination is an option

In short, indirect termination is a measure provided for in labor legislation that allows the employee to terminate the employment contract due to serious errors on the part of the employer, such as failure to deposit FGTS.

It is a way of ensuring that your rights are respected, even in adverse situations.

Don’t stop pursuing your rights!

Dealing with a lack of FGTS deposit may seem complicated, but it is crucial to know your rights and the measures you can take.

In this sense, staying informed and acting strategically can ensure that your rights are protected.

Remember, the FGTS is yours by right, and ensuring that it is being deposited correctly is a way of taking care of your financial future.

If you have questions or need help, do not hesitate to seek legal advice. Your future will thank you!

When can I withdraw the FGTS?

Finally, to withdraw the FGTS, the worker must meet one of the conditions set out in law, such as unfair dismissal, retirement, property purchase, among others.

Withdrawals can be made directly at Caixa Econômica Federal branches, lottery outlets or ATMs, upon presentation of an identification document and the Citizen Card.

See more: FGTS application: see 6 functions that will simplify your access to withdrawals!

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