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For almost 30 years, Brazilians have legislation that has expanded access to pensions and pensions, but the rights guaranteed by law to the 34 million beneficiaries of INSS are still little known Population.
or two pensions – even if one of them comes from the public service system itself – is one of the rights often ignored, according to the legal coordinator of Sindnapi (National Union retired people), Tonia Galleti
case, causes irreparable damage.
"Many people make the mistake of thinking that they will lose their pension or pension by asking for another benefit," says Tonia.
The loss of rights also encourages retirees returning to the workforce to give up their employment history, says labor lawyer Alan Balaban.
"This includes the working retiree," he explains.
He remains on the job market, for example on paid leave and receiving a fine under the FGTS and that all severance pay is one of the benefits of formal employment. the company where he retired still has an additional right of work for the insured: withdraw monthly the funds that the employer deposits on the account of the Guarantee Fund.
The rule varies by category.
Rights related to retirement or age may vary according to the professional category or place of residence of the citizen, which confuses the population, explains Tonia Galleti of Sindnapi.
"I think that one example of this pensioner's difficulty is the exemption provided in the IPTU [Imposto Predial e Territorial Urbano] because the rules may change depending on the city." [19659002] Stability in the period before retirement also creates doubt, says attorney Alan Balaban.
What can be guaranteed
The worker who retires from the INSS has rights that go beyond the benefit
Some of these benefits are valid even before the grant of Retirement
[Stabilité avant la retraite]
■ There is stability for the categories for which this rule was recorded (19659002) ■ The guarantee period of employment depends on what has been agreed between employees and employers
■ As a general rule, it varies between one and three years before the worker reaches the conditions for claiming benefits.
■
Termination of Coverage
■ Guarantee terminates when employee acquires entitlement to retire
■ Stability will be closed even if employee decides not to claim the benefit
■ The dismissal for just cause or the request for termination cancels the stability
2 – Cash withdrawals
The worker who (19659002) Guarantee Fund
■ You can withdraw the total amount of your FGTS accounts (19659). 002] ■ If you continue to work in the same company, you can withdraw the deposits made each month
■ When you change jobs, the retiree receives only the balance of the guarantee fund at the end of the contract
PIS and Pasep
■ Who had a contract in good standing or who was a server between 1971 and 1988 can claim the PIS / Pasep quota
■ The PIS must be exchanged at Caixa Econômicae and Phasep to be withdrawn from Banco do Brasil
■ Locks
■ When he retires, the worker is not obliged to resign [19659002] ■ Nor does it need to inform the boss of his pension. But if he is fired, he is entitled to the following money: 19659002] ■ Salary on notice
■ 13th proportional salary
■ Proportional salary (with an increase of one third)
■ 40% fine on the balance of the accumulated FGTS in employment
[1945■Leretraitémaymaintaintheapplicationofthecompanyfollowingthatitpaidapartofmensualities
■ To stay with the covenant, it is necessary [19659002] ■ The length of time the retiree will maintain his health plan depends on the duration of the contribution
■ Each year that the employee had his business plan is equivalent to one year of maintenance of the plan. ;agreement.
■ If the plan has been paid for ten years or more, the entitlement will be retained for as long as the corporation so agrees
4- Cumulation of Benefits
the pension benefits are as follows:
Retirement and pension
■ Pension accrual by death-retirement is allowed
■ There is no risk of losing the pension and, no longer, retirement
■ It is sufficient to have the proven right to grant both benefits
Two Retirements
■ Retirees from public sector can also retire from the INSS
■ The reverse is also worth The retirees of the INSS can retire as servants
5 – Rights of Work
Retirees who stay at work have all the dr guaranteed by CLT (Consolidation of labor laws))
■ Savings funds
■ Savings funds
■ Savings funds
■ Savings funds
]
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