Gringoes.com: Employer not paying taxes shown on payslip

Author

Message

Brazilrio
Newbie
Newbie

Joined: 07 June 2012
Online Status: Offline
Posts: 9

Topic: Employer not paying taxes shown on payslip
Posted: 09 June 2012 at 11:57

So how serious is it for an employer to deduct your taxes on your payslip and then not pay them to the Receita Federal? That is creation of false documents, right? I have another friend at the same employer who has found out they are doing that. So if we report them, will there be criminal charges? I hope so! How quickly does the MTE react to this kind of info if you go and register a denuncia?

IP Logged

Gringo.Floripa
Gringoes.com Guru

Joined: 17 June 2010
Location: Brazil
Online Status: Offline
Posts: 4537

Posted: 09 June 2012 at 12:14

How do you know, with certainty, the RF is not receiving the tax payments?

I might bark, but I don't bite.

(trolls, sock puppets, Brasil-bashers, and "Joined:Today" persons too lazy to use the Search function excluded; cry babies too)

IP Logged

sven
Gringoes.com Guru

Joined: 14 March 2007
Location: Brazil
Online Status: Offline
Posts: 12777

Posted: 09 June 2012 at 12:23

The so called "justa causa" for being fired works two ways. The one everyone knows as being used to fire employees. Justa Causa do empregador is the oposite, where the employee can resign, maintaining all his labor rights, like the 40% FGTS fine.

The best option would be to find a lawyer and sue the company, based on justa causa do empregador. If no settlement is reached, the Ministerio Público do Trabalho will be informed, and they will inform the Receita Federal and an inquiry will be made.

IP Logged

man of leisure
Gringoes.com Guru

Joined: 22 January 2008
Location: Brazil
Online Status: Offline
Posts: 2975

Posted: 09 June 2012 at 15:15

I think you need to do some investigation first. I'm not very familiar with Brazilian tax affairs but in the UK it's quite acceptable for the employer to defer payment of income tax deducted from employees. Ultimately it's not your problem as you have had the tax deducted and have not retained it yourself and have a valid payslip showing the proof of this. It's really the employer's problem (or not) depending on how they do their book-keeping and in the event of a problem the RF will go after the employer rather than you, who seems to have done nothing wrong.

Edited by man of leisure - 09 June 2012 at 15:17

IP Logged

Brazilrio
Newbie
Newbie

Joined: 07 June 2012
Online Status: Offline
Posts: 9

Posted: 09 June 2012 at 16:45

They definitely haven't paid the taxes, as they have admitted it via the lawyer, as they are firing her and of course hadn't paid the FGTS, so they are paying her off. It is deliberate non-payment of taxes. I believe in Brazil the taxes have to be paid monthly and cannot be delayed like in the UK. She told the lawyer she wanted to report them to the Receita Federal, and he seemed a bit laissez faire, which annoyed her, as she feels they shouldn't get away with having acted like this. It doesn't sound like the lawyer will be informing the Ministry, and a settlement has been reached. But they have deliberately created payslips for over a year showing deductions and not paid any of it to the RF.....

IP Logged

man of leisure
Gringoes.com Guru

Joined: 22 January 2008
Location: Brazil
Online Status: Offline
Posts: 2975

Posted: 09 June 2012 at 17:48

But if this is an issue for the RF, how is this the problem of the employees? They are not complicit in this. I don't understand your concerns.

IP Logged

Mineiro_Alemão
Gringoes.com Guru

Joined: 14 April 2006
Location: Brazil
Online Status: Offline
Posts: 2163

Posted: 09 June 2012 at 18:43

Originally posted by man of leisure

But if this is an issue for the RF, how is this the problem of the employees? They are not complicit in this. I don't understand your concerns.

Oh they are. If the employer doesn´t pay the FGTS, the employee won´t be able to recieve his FGTS in case he´s fired. The employee can only recieve FGTS that has been paid and deposited in his account. FGTS contributions that are not paid, don´t count.

That´s why employees can (and should) check on the website of the CEF if their employer really pays FGTS:

https://www.sifge.caixa.gov.br/Cidadao/Crf/FgeCfSCriteriosPesquisa.asp

Or get registered with the CEF (cartão cidadão) to access your FGTS account online:

http://https://sisgr.caixa.gov.br/sisgr_portal/internet.do?segmento=CIDADAO

http://www.fgts.gov.br

Wink

Edited by Mineiro_Alemão - 09 June 2012 at 18:48

IP Logged

Brazilrio
Newbie
Newbie

Joined: 07 June 2012
Online Status: Offline
Posts: 9

Posted: 09 June 2012 at 19:00

Originally posted by man of leisure

But if this is an issue for the RF, how is this the problem of the employees? They are not complicit in this. I don't understand your concerns.

Just because you aren't complicit in something doesn't mean you should just let it go! The employer has been essentially stealing the tax deductions. That has an implication for the FGTS, and also means the employee is not eligible for maternity and sick pay, but ALSO there is a moral aspect here. She wants to report it, as she feels that the people responsible should be punished. If no-one took this attitude then what sort of society is left? Society has to be held together by honest people!! Why should she let them get away with it?

IP Logged

Mineiro_Alemão
Gringoes.com Guru

Joined: 14 April 2006
Location: Brazil
Online Status: Offline
Posts: 2163

Posted: 09 June 2012 at 19:16

Originally posted by Brazilrio

.... She wants to report it, as she feels that the people responsible should be punished.....

I agree, she should contact the MINISTÉRIO DE TRABALHO or MINISTÉRIO PÚBLICO FEDERAL in her city and denounce the fact.

Smile

Edited by Mineiro_Alemão - 09 June 2012 at 19:16

IP Logged

sven
Gringoes.com Guru

Joined: 14 March 2007
Location: Brazil
Online Status: Offline
Posts: 12777

Posted: 10 June 2012 at 10:03

It also means that the person, 30 years from now, won't be able to retire, as the INSS hasn't been payed.

Best shot, denuncia with the Ministério Público do Trabalho (Not ministério público federal).

IP Logged

Visas and Documentation
Gringoes.com : Brazil : Visas and Documentation

Topic: Employer not paying taxes shown on payslip
	Page of 2 Next >>