It is deceptive. It is deceptive that the President of the Republic and candidate for re-election, Jair Bolsonaro (PL), has put an end to the 40% penalty of the Compensation Compensation Fund (FGTS), which is paid by companies to workers dismissed without just cause. The topic was discussed by the current administration, but this change in labor laws was never approved. The rule defining the payment of duty remains in force as written in 1997.
Researched contentIn a video posted on October 8, 2022, the man claims President Jair Bolsonaro has stopped paying fines to workers fired without just cause. With a laugh and a sarcastic tone, the author questions whether a formal treaty is still worth having and suggests that voting for Bolsonaro could help Brazil return to a time of dictatorship and slavery.
where it was publishedKwai.
Completion of proofContrary to what Kwai’s publication claims, the rule requiring employers to pay a penalty of 40% of FGTS to employees without just cause was written in 1997. It claims that Jair Bolsonaro has put an end to the publication date of October 8, 2022.
The possibility of repaying the resource payment and reducing the interest has already been explored by the federal government in May and at the end of 2021, Folha and UOL said respectively. However, Bolsonaro’s administration did not make any proposal.
The employer’s obligation to pay a fine of 40% of FGTS in case of dismissal without good reason is stipulated by Article 18 of the Federal Law No. 8036, which refers to the fund.
All content that is taken from its original context and used in another context to change its meaning is misleading for comprova; that uses inaccurate data or that leads to an interpretation different from the author’s intention; content that is confusing with or without the intentional intent to cause harm.
Scope of publicationAs of October 13, 2022, the video had over 223,000 views with 11,600 likes and another 12,700 shares.
What does the author of the post say?Komprova contacted the author of the post via messages on Kwai. The profile identified as “Noronha Jornalista Sem Faculdade” did not respond until this check was posted.
How do we check?Content screening began with a Google search using keywords such as “Bolsonaro,” “penalty,” “release,” “just cause,” and “labor reform,” which returned content related to debates that had already taken place at the federal level. about the fine and criticism that Bolsonaro has already benefited from. Among the vehicles that have already covered the topic are UOL, Agência Brasil, G1 and TV Record.
In order to find out the position of the federal government in this matter, Komprova contacted the ministries of economy, labor and social security. The first one did not react. The report also consulted with the National Association of Labor Justice Magistrates (Anamatra) about the possible suspension of the benefit.
Finally, we also analyze the Bolsonaro government’s plan for a final second term, which was submitted to the Electoral Justice to formalize his candidacy in this year’s elections.
Study for fine completion
In December 2021, a study commissioned by Bolsonaro’s government was presented to the Ministry of Labor and Social Security and among the recommendations was the end and creation of a 40% FGTS penalty for workers dismissed without just cause. a single fund consisting of unemployment insurance and FGTS resources. The complete document is 262 pages long and is available on the Ministry’s website. The proposal for ending the FGTS penalty for workers is on page 31.
These and other changes were proposed by the Advanced Labor Study Group (Gaet), formed in 2019 by economists, lawyers and academics. The initiative to create the group was the Minister of Economy Paulo Guedes. The team discussed proposals to support new changes in labor legislation.
The Inter-Union Department for Statistics and Socio-Economic Research (Dieese) criticized the proposal in a technical note published on 10 January 2022. reflected the workers’ point of view.
The plan was not implemented and the penalty payment remains in effect. In a note to Comprova, the Ministry of Labor and Welfare reports that Gaet’s report states that “the documents do not necessarily have the full or partial approval of this Ministry of Labor and Welfare or even the federal government. In other words, the reports of the thematic study groups are the exclusive and full responsibility of the authors.
The ministry also emphasized that, according to the document, “the work of the federal government is based and will be built on the dialogue with society, its representation in the parliament, and the economic and social needs of the country.”
In May of this year, Folha de S.Paulo revealed that Bolsonaro’s administration was looking into making the FGTS rules more flexible, arguing that it would reduce the costs for employers to hire new employees. According to the newspaper, the Ministry of Economy prepared drafts of temporary measures, in which, among other changes, it was proposed to reduce the fine paid in case of unfair dismissal from 40% to 20%.
At the time, the ministry told Folha that the FGTS change proposal had been under discussion for more than a year and had not received approval to proceed. Komprova contacted the Ministry of Economy, but there was no response.
The House has a bill to reduce fines
Apart from the studies presented by the government team, there are also other discussions related to the payment of benefits. Bill 2383/21, authored by Deputy Nereu Crispim (PSD-RS), has been drafted in the Chamber of Deputies since June 30, 2021, which aims to reduce the fine deposited by the employer into the employee’s attached account. FGTS in case of dismissal without just cause and due to mutual fault or force majeure.
The text amends the FGTS law to reduce the contract termination penalty from 40% to 25%. And in the case of mutual fault (when both the employee and the employer cause the dismissal) or force majeure (an unavoidable event at the will of the employer), it is reduced from the current 20% to 10%. Currently, the project is in the Labor, Management and Public Service Commission of the People’s Republic of China. After five sessions of submitting amendments to the project, between December 16 and May 12, 2022, no amendments were submitted.
The text is awaiting the opinion of the rapporteur, deputy Silvio Costa Filho (Republicans-PE), to be processed in other parliamentary committees. Only after that, if it passes the evaluation of the relevant committees, then the project can be evaluated in the plenary session of the chamber, and even if it is approved, it must go to the Senate for the sanction of the President of the Republic. .
Bolsonaro’s government plan does not address the issue
Jair Bolsonaro’s government plan does not mention specific changes to severance pay rules. The document does not change the articles of the current labor legislation either.
“The new labor legislation was adopted [ainda no governo do então presidente Michel Temer (MDB), em 2017] will be protected by legal certainty, helping to combat corporate and union abuses that cannot be had as monopolies either,” the document said. In addition, the plan indicates that if ultimately re-elected, the federal government will continue to “protect that workers shall be free to exchange among themselves, free from coercion.”
The Bolsonaro government’s proposal is for the labor market to be free, secure and flexible “so that employment in the country reaches an internationally competitive level, income and prosperity for Brazilians.”
Payment is made for unfair dismissal
When asked about the possible suspension of the fine, the National Association of Labor Justice Magistrates confirmed that the benefit is valid and explained that the payment is paid to an employee when he is dismissed by the employer without just cause; is fired. Without a legal reason, and therefore the company is obliged to reward you with statutory benefits.
Under these conditions, the organization added, the employee is entitled to compensation of 40% of the value of his FGTS deposits, also called a penalty of 40% of FGTS, as provided for in Article 10 of the 1988 Federal Constitution. Article I of the Transitional Constitutional Provisions Act (ADCT).
why do we studyComprova investigates questionable content going viral on social media about the pandemic, federal government public policy and the presidential election. The publication checked here contains misleading content about Jair Bolsonaro’s government, which has been re-elected. It is fundamental to democracy that voters make their voting decisions based on true information about the candidates.
Other checks on the topicThe topic of elections dominates the disinformation content. This week, Comprova has already shown that the Twitter and G1 page replays attributing disarmament announcements to Lula are a montage, and that a post saying Bolsonaro will end his October 12 vacation is also a montage. .
During this period, the publications that try to undermine the credibility of the electoral process have also been repeated. It was only in the second round that Komprova showed that it was false, that every 12% of the vote totals proved a fraud in round 1, that one post had fabricated data about cities to rig Lula’s favor, and that a video purporting to is fake voting in Maceió by mistake while playing infographics.
Regarding benefits such as fine payment, Comprova has proved misleading that PIS/Pasep values will cover benefits for truck drivers and drivers.
Checked: GaúchaZH, O Povo, Correio, Imirante.com, Folha de S.Paulo, Alma Preta, Piauí, Plural Curitiba, Metrópoles, Crusoé, Correio do Estado, Estado de Minas and Estado de S.Paulo.