FGTS in Brazil: how to check it, when to withdraw and how the 40% penalty works

The FGTS (Severance Indemnity Fund) is a monthly deposit of 8% of salary that the employer makes into a Caixa account in the worker's name. On dismissal without cause, the worker withdraws the balance and receives a penalty of 40% of the total deposited. The balance can be checked at any time in the FGTS app.

Quick summary

• Deposit: 8% of pay every month (2% for apprentices).
• Penalty on dismissal without cause: 40% of the total deposited; under a mutual agreement (art. 484-A of the CLT), 20%.
• Checking: the FGTS app or fgts.gov.br, with your gov.br account.
• Late deposits: can be pursued through a complaint to the Ministry of Labor or in court.
• Deadline to claim: up to 2 years after the end of the contract, covering the last 5 years.

When you can withdraw

• Dismissal without cause or constructive dismissal.
• Mutual agreement termination (up to 80% of the balance).
• End of a fixed-term contract, including temporary work.
• Retirement.
• Buying a home and paying down a housing loan, under the rules of the Housing Finance System.
• Serious illnesses listed by law, of the worker or a dependent.
• Account with no deposits for 3 uninterrupted years while outside the FGTS system.
• Birthday withdrawal (saque-aniversário), if the worker opts for it.

Someone who resigns or is dismissed for cause cannot withdraw the balance at that time.

Birthday withdrawal: be careful

Under the birthday withdrawal, the worker takes out part of the balance every year in their birthday month. In exchange, if dismissed without cause, they generally receive the 40% penalty but not the account balance. The rules have changed more than once; always check the FGTS app before opting in.

Step by step: checking that the employer is depositing

1. Download the FGTS app and log in with your gov.br account.
2. Open the contract with your current employer and view the month-by-month statement.
3. Compare the amounts with 8% of each month's gross salary (including overtime and supplements).
4. If months are missing, ask the employer in writing to regularize.
5. If not resolved, file a complaint with the Ministry of Labor or go to the Labor Court. Repeated failure to deposit may justify constructive dismissal.

Frequently asked questions

How do I check my FGTS on my phone?

Through the FGTS app, with your gov.br login. It shows your statement, deposits and withdrawal options.

What is the 40% penalty calculated on?

On the total deposited during the contract, with adjustments, including amounts already withdrawn in some cases.

Does someone who resigns lose their FGTS?

No. The balance stays in the account and can be withdrawn in the other situations provided by law.

My employer did not deposit my FGTS. What now?

Ask for regularization, file a complaint with the Ministry of Labor or bring a labor claim within 2 years of the end of the contract.

Read more in this series

• Severance pay: what you receive for each type of dismissal
• Unemployment insurance 2026: amount, installments and how to apply
• Constructive dismissal: when the worker can "fire" the employer
• Reporting labor violations: Ministry of Labor or MPT? How to do it
• Index: complete guide to labor rights