The amounts paid by the employer to the FCT, even if they are “consigned” to the payment of any compensation for termination of the employment contract and are credited to individual registration accounts in the name of its employees, belong to the employer.

In this context, once the contractual link between employer and worker has ended, the value of the contributions paid should be used for the payment of the compensation to which the worker is entitled.

If the termination of the employment contract gives rise to the worker’s right to compensation, the employer shall pay the worker the full amount of that compensation under the terms and conditions laid down in the Labour Code, requesting, no later than 20 days before the date of termination of the employment contract, reimbursement of the balance of the individual registration account of the worker concerned.

If the employer does not hand over to the worker, in whole or in part, the amount of compensation reimbursed by the FCT that is due to him, it is punished with the penalties provided for in paragraphs 1 and 5 of article 105 of the General Regime of Tax Offences.

If no compensation is paid to the worker following the termination of his employment contract, the employer may, at the latest 20 days in advance, request reimbursement of the balance.

Reimbursement is requested on the website www.FundosCompensacao.pt It shall be carried out within 10 days.

If the termination of the employment contract does not take place and the balance of the worker’s individual registration account has been refunded to the employer, the employer must return the amount reimbursed to the FCT within 10 days of the non-verification of the termination of the employment contract.

If after the dismissal there is a judicial decision declaring such dismissal unlawful and requiring the reinstatement of the worker, the employer joining the FCT is obliged, within 30 days from the date of the final decision of that decision, to make a new inclusion of the worker in the FCT, as well as to restore the balance of the individual registration account of the worker that existed at the date of the dismissal and also to deliver the value of the contributions that ceased to be made from that date until the present time.