Rescisão no e-social dificulta doméstico retirar o FGTS

Rescisão no e-social dificulta doméstico retirar o FGTS

Por |

30 de maio de 2016

Ludmila Pizarro

O módulo de rescisão de contrato do e-social, sistema do governo federal que unifica as informações sobre empregados domésticos, demorou a chegar e está causando dúvidas e dificuldades para os usuários. O registro de desligamentos era uma pendência do e-social quando ele foi criado, em outubro de 2015, e passou a funcionar para demissões a partir de 7 de março deste ano.

O servidor público Rubens Goyatá Campante, 51, demitiu sua funcionária no início do mês de abril e, mesmo utilizando uma contadora para fazer o processo no e-social, não conseguiu que ela recebesse o FGTS. Para Campante, as informações desencontradas da Caixa Econômica Federal e a falta de comunicação entre os sistemas do banco e da Receita Federal foram os responsáveis pela dificuldade. “O e-social já não é fácil de utilizar, quem não tem conhecimento prévio de direito trabalhista e de informática tem dificuldade. E, na rescisão, o problema é maior”, afirma a responsável pelo departamento pessoal da Liber Consultoria Contábil, Míriam Alves.

Campante relata que um funcionário da Caixa informou que para liberar o FGTS seria necessário ter uma “chave de conectividade social”. O próprio banco, porém, desmente. “A Caixa Econômica Federal esclarece que a chave de conectividade social não é necessária para que o trabalhador doméstico efetue o saque do FGTS, considerando que a informação do desligamento é inserida pelo empregador diretamente no eSocial”, afirma em nota. “O que acontece é que o empregador doméstico que pagava FGTS para o funcionário antes da obrigatoriedade precisava dessa chave. Agora não é mais necessário, porém o funcionário do banco ainda se confunde”, explica Míriam.

No caso de Campante, um deslize piorou a situação. “A contadora cometeu um erro material na data de admissão”, ele conta. Com isso, foi necessário fazer uma retificação. “Ela corrigiu no sistema do e-social, emitiu um novo Termo de Rescisão de Contrato de Trabalho, com a data de admissão correta”, conta. Porém, a correção não constava no sistema da Caixa. “Os sistemas não conversam. Eu tive que ir pessoalmente à Caixa e descobrir que eu teria que fazer outra correção e, ainda por cima, a mudança dependia de levar a carteira de trabalho da empregada doméstica” relata. Com isso, a ex-funcionária foi ao banco várias vezes sem conseguir receber o FGTS creditou o problema ao ex-contratante e entrou na Justiça contra o servidor público.

Promessa

Neste ano. A Receita Federal em Minas Gerais afirmou em nota que “estão previstos para o segundo semestre de 2016 aperfeiçoamentos na funcionalidade” referente às verbas rescisórias.

Empregador tem dificuldade

O e-social gera dúvidas mesmo para quem utiliza o sistema sempre. “Não é funcional, nem auto-explicativo, trava muito. Se para quem atua na área financeira e tem conhecimento de informática é difícil, imagina para quem não tem”, diz a gerente administrativa Andreza Carvalho, 40.

Para a responsável pelo departamento pessoal da Liber Consultoria Contábil, Míriam Alves, o sistema não informa previamente o que o empregador deve fazer. “As férias, por exemplo, o empregador tem que entrar com 30 dias de antecedência no sistema e fazer o aviso prévio. Depois, dois dias antes do funcionário entrar de férias tem que entrar no sistema e imprimir o recibo de férias. O cidadão comum não vai lembrar dos detalhes e o sistema não informa nada”, avalia Míriam.

Segundo Andreza, a tendência é que essas questões sejam terceirizadas. “Isso gera mais um custo. A pessoa além das obrigações tem que contratar uma assessoria ou um contador. Isso acaba gerando é demissão”, opina. Míriam admite que a procura por consultorias sobre empregados domésticos cresceu e o custo mensal é de R$ 100.

Resposta. A Receita Federal em Minas Gerais diz em nota que “há previsão para criação de um canal de comunicação direta entre o usuário e o e-social ainda neste segundo semestre de 2016”. (LP)

Fonte: O Tempo
Acesso: 31 maio 2016

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