Brazil: Workers may claim FGTS and PIS/Pasep funds

Workers in Brazil may be entitled to specific financial recoveries regarding FGTS and PIS/Pasep funds.

According to the Supreme Federal Court (STF) under Theme 308, municipal employees hired without a public competitive examination (concurso público) may have the right to receive unpaid wages for the period worked and to withdraw FGTS deposits. While the nullity of these contracts does not automatically guarantee benefits like 13th-month salaries or vacation pay, the STF ruling ensures the right to wages and FGTS withdrawals for those who can prove service rendered.

Additionally, individuals who were formally employed or served as public servants between 1971 and 1988 may still have unclaimed balances in the old PIS/Pasep funds. This right extends to heirs and legal dependents of deceased workers. Eligible individuals can check for available funds through the FGTS application, Caixa Econômica Federal agencies, or the Ministry of Finance’s REPIS Cidadão system.