MTE vai implantar processo eletrônico nas multas do FGTS

MTE vai implantar processo eletrônico nas multas do FGTS

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O Ministério do Trabalho e Emprego (MTE) vai implantar o processo eletrônico de multas
administrativas e notificação do Fundo de Garantia por Tempo de Serviço (FGTS) . A mudança visa facilitar a consulta aos documentos e diminuir a duração dos procedimentos administrativos e foi determinada pela Portaria N° 854, de 2015, publicada no Diário Oficial da União nesta sexta-feira (26), assinada pelo ministro Manoel Dias.

As mudanças, segundo o ministro, “fazem parte das iniciativas para ampliar a eficiência no atendimento ao cidadão, o acesso aos serviços e a diminuição de custos”.

A Portaria vai também acelerar a tramitação dos processos, por meio de um instrumento chamado chancela eletrônica, que permite ao chefe da Unidade de Multas e Recursos da Superintendência Regional do Trabalho realizar uma assinatura digital, realizada automaticamente pela internet, sem comprometer as normas de segurança e controle do MTE.

Além disso, a Portaria ainda define que os processos se adéquem às determinações da Lei Nº 12.527, de 2011, conhecida como Lei de Acesso à Informação. A partir de agora, por exemplo, o estabelecimento ou empresa que pelo conjunto de infrações tiver submetido trabalhadores a condições análogas a de escravidão poderá ter seu nome incluído em cadastros públicos de informação.

Fonte: Assessoria de Imprensa/MTE
Acesso: 30 Jun. 2015

Comentário de José Roberto: A legislação regulamentadora do Fundo de Garantia do Tempo de Serviço – FGTS, Decreto nº 99.684, artigos 50 a 52, prevê penalidades ao empregador e seus dirigentes, pelo não recolhimento, mensalmente, da parcela referente ao FGTS, por constituir infração à lei.

O empregador em mora para com o FGTS não poderá:

Pagar honorário, gratificação, “pró-labore” ou qualquer tipo de retribuição ou retirada a seus diretores, sócios, gerentes ou titulares de firma individual;

Distribuir quaisquer lucros, bonificações, dividendos ou interesses a seus sócios, titulares, acionistas, ou membros de órgãos dirigentes, fiscais ou consultivos.

Não poderá receber qualquer benefício de natureza fiscal, tributária ou financeira, por parte de órgão da União, dos Estados, do Distrito Federal ou dos Municípios, ou de que estes participem, como por exemplo, ser excluído do Simples Nacional.

A fiscalização, ao constatar o pagamento de honorários, gratificação, “pró-labore”, retribuição, retirada, distribuição de lucros, bonificações e dividendos, estando o empregador em mora com o FGTS, a autoridade competente do INSS representará, sob pena de responsabilidade, ao Ministério Público, para a instauração da competente ação penal.

Fonte: TBS Consultoria.

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