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Learn about the rights of those who apply for INSS retirement for 2019. For nearly 30 years, Brazilians have legislation that has increased access to pensions and pensions, but the rights guaranteed by law to the 34 million beneficiaries of the INSS are still little known to the population.
two pensions – if one of them falls under the civil service system itself – is one of the rights often ignored, according to the legal coordinator of Sindnapi (National Union retirees), Tonia Galleti
Ignorance, in this case, results in 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 you have retired, the insured always has an additional labor right: pull monthly the money that the employer has deposited in the account of the Guarantee Fund.
1 – Before any procedure, consult the CNIS (National Register of Social Information), on the Internet or in social security agencies. You can see all the registers and salaries of insured persons – Gabriel Cabral / Folhapress
The rule varies by category
Retirement or age-related benefits may vary depending on the occupational category or the place of residence of the insured citizen, which
"I think that an example of this pensioner's difficulty is the exemption of the IPTU [Imposto Predial e Territorial Urbano] because the rules may change depending on the city," he says .
"The rules change according to the occupational category
" The rule must be consulted in the collective agreement
What can be guaranteed
] A worker who retires at the INSS has rights that go beyond the benefit
Some of these benefits are valid even before the grant of retirement
1 ■ Stability before retirement
■ There is stability for categories for which this rule is registered in collective agreements
■ The period of employment guarantee depends on an agreement between employees and employers
■ In general, varies between one and three years before the worker qualifies for the benefit
■ The time spent at the professional's home also contributes to the stability of early retirement
End of the guarantee
] ■ The guarantee ends when the employee acquires the right to retire
■ The stability will be closed even if the employee decides not to claim the benefit
■ The dismissal for valid reason or the request for dismissal cancels the stability
2 – Cash withdrawals
The retired worker has the right to access the hand-d & # 39; 39: Work retained by the Government:
Guarantee Fund
You can withdraw the total amount of your FGTS accounts
■ If you continue to work in the same company, you can withdraw the deposits made each month [19659002] ■ When you change jobs, the retirees will receive the balance of the guarantee fund only at the end of the contract
PIS and Pasep
■ Who had a contract in good standing or was server between 197 1 and 1988 can claim a PIS / Pasep quota
■ The PIS must be bought in the Caixa Econômicae and Phasep must be withdrawn from the Bank of Brazil
Severance pay
■ When he withdraws, the worker is not obliged to resign He also does not need to talk about his pension to the boss, but if he is fired, he is entitled to the following money:
■ notice pay
■ 13th proportional pay
■ proportional pay increase by one-third)
■ 40% fine on accumulated FGTS balance in employment
3- Health Plan
■ The retiree can maintain the company's health plan, provided that he has paid a portion monthly payments
■ To keep the agreement, it is necessary to pay the part that the employer has paid for the transaction. rateur
■ The length of time the retiree maintains the health plan depends on the length of the contribution [19659002] ■ Each year in which the employee has the business plan is equivalent to one year of maintenance. the Convention
■ If the plan has been paid for ten years or more, the entitlement will be maintained as long as the enterprise has provided it
■ L & # 39, accumulation of the pension due to the death of the deceased.
The accumulation of the pension by the death of the deceased. retirement is allowed
■ There is a risk of losing neither pension nor retirement
■ It is sufficient to have the right to award both benefits
Two pensions
■ Who is retired from the public sector can also receive the retirement of the INSS
■ The opposite is also true: the pensioner of the INSS can retire as a servant
5 – Labor Rights
Retirees who remain at work have all the rights guaranteed by CLT (Labor Codification Laws):
■ Workbook signed
■ Transportation tax
■ Deposit of the guarantee fund
■ 13th salary
■ Paid leave
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