Introduction
The recent changes in legislation concerning retirees who continue to work have sparked many questions among those who are still in the workforce after retirement. The impact of these changes affects millions of people in this situation. In this article, we will explore all the changes and how they can affect the rights and duties of retirees in Brazil who are still working.
Regulation for Retirees with Formal Employment
The Brazilian law allows retirees to continue working, even with a formal employment contract (CLT). However, there are specific restrictions in place. Retirees due to permanent disability, for example, may have their benefits canceled if they return to work. This is because the disability that warranted the retirement no longer exists. Another restricted group is special retirees, who may also lose their retirement benefits if they continue working in activities that jeopardize their health. However, these retirees can work in other activities that do not pose similar risks. Retirees who work have the same rights as other workers, such as vacation days, overtime pay, and the 13th salary if they work under the CLT regime. Additionally, even though they are retired, the contribution to the INSS remains mandatory and is only deducted from the retiree’s salary, keeping their retirement benefits intact. For employees under the CLT regime, the INSS deduction is made by the company, while for Individual Microentrepreneurs (MEIs), the contribution is the responsibility of the retiree.
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Changes for Working Retirees
The new law for working retirees has brought changes for this population. In addition to continuing to contribute to Social Security, retirees with formal employment contracts lose specific benefits, such as accident assistance. However, they gain the ability to withdraw from their FGTS monthly or let the amount accumulate according to their preference and work situation. Furthermore, the new legislation allows the accumulation of certain benefits, such as pension and retirement, two pensions for death if they originate from different social security systems, and two retirements from different systems.
Recent Changes for New Retirees
Some changes in legislation may impact those who have just retired. The main changes include new rules for calculating retirement benefits, considering factors such as age, average salary, and the social security factor, the obligation to declare Income Tax if their earnings exceed the exemption limit, and restrictions on receiving multiple benefits simultaneously, such as two retirements or two pensions for death, unless they come from different social security systems. These changes aim to adjust the social security system to the current reality and ensure the sustainability of social security benefits.
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Frequently Asked Questions
What changes for retirees who continue working?
Although they still have benefits like vacation days, 13th salary, and FGTS, retirees who continue working are not entitled to unemployment insurance and sick pay.What are the rights of a retiree who continues working?
Retirees with formal employment contracts are entitled to benefits such as vacation days, 13th salary, transportation allowance, meal allowance, medical assistance, and FGTS.Is someone who is newly retired required to leave their job?
No, the general rule is that an INSS retiree can continue working after retirement. They can retire and continue to work, not being required to leave their job.Does a retiree who continues working have to pay INSS?
Yes, a retiree who continues working must pay INSS on the salary received from work, as provided by labor laws.- Is it correct to deduct INSS from someone who is retired?
Yes, it is correct to deduct INSS from the salary of retirees who continue working, as stipulated by the law. There is no INSS deduction from the received retirement benefits, but rather from their work remuneration.
Conclusion
In conclusion, the changes regarding retirees who continue to work bring about important considerations and implications for those in this situation. It is crucial for retirees and employers to understand these changes to ensure compliance with the law and make informed decisions. By staying informed and up to date on these regulations, retirees can protect their rights and benefits while remaining active in the workforce.
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Jornalista formada pela UNIP (2009) e formada em Rádio e TV pelo Centro Universitário Monte Serrat – UNIMONTE (2007).
