Publications

Employee credit: guidance for employers on payroll deductions

June 27, 2025

Provisional Measure No. 1,292, published on March 12, 2025, instituted the Workers' Credit program, which created a new type of payroll loan aimed at employees with formal employment contracts governed by the Consolidation of Labor Laws (CLT). The measure also includes domestic and rural workers, and non-employed directors who have a balance in an account linked to the Severance Pay Guarantee Fund (FGTS). The proposal's main objective is to expand access to credit in a safe, structured manner and at lower costs, enabling the digital contracting of loans with partial use of the FGTS as collateral.

Since the implementation of the measure, official data indicate that more than 1.8 million workers have already signed up to the new modality, moving approximately R$10 billion in contracted operations. The average monthly value of the installments is around R$327.28, with an average term of 17 months for payment. The measure establishes that the total value of the discounted installments cannot exceed R$35% of the worker's net remuneration, a rule that is in line with the limits set forth in Law No. 10.820/2003. As a differential, the program authorizes that up to R$10% of the balance of the linked FGTS account and up to R$100% of the value of the termination fine be used as collateral for the operation, which provides greater security for the financial institutions involved, while at the same time expanding access to credit for the worker. 

The loan application process is completely digital, through the Digital Employment Card (CTPS Digital) application. It is in this environment that the worker expresses interest in the contract and authorizes the sharing of their personal data with authorized financial institutions, in accordance with the General Data Protection Law (LGPD). After this authorization, the institutions have up to 24 hours to present proposals, and the worker can make the choice and formalize the contract electronically, without the need for travel or intermediaries, providing agility and greater control over the process.

The employer has significant responsibilities in the operation of the program. It is their responsibility to consult information on loans taken out through the Emprega Brasil Portal on a monthly basis, to deduct installments directly from the payroll using item 9253 in the eSocial system, and to collect the amounts using the FGTS Digital Form. In the event of the employee's dismissal, the procedures set forth in the FGTS Digital must be strictly followed, making the permitted deductions from the severance pay and making the necessary payments to pay off the full or partial balance due, depending on the type of termination and the existence of guarantees linked to the FGTS.  

Failure by the employer to comply with these obligations may result in serious legal consequences. Failure to discount or transfer amounts due may result in civil, administrative and criminal liability, including the possibility of misappropriation of funds, as provided for in Article 168-A of the Penal Code.  

The creation of the Workers' Credit represents a significant milestone in public policy for access to personal credit in Brazil, especially for low-income working populations. However, its effective implementation requires strict compliance with legal standards and operational guidelines established by the competent bodies. Employers, accountants and human resources professionals are advised to continuously monitor updates published on the official channels of eSocial, FGTS Digital and the Ministry of Labor and Employment, in order to ensure the regularity of operations and avoid liabilities arising from failures in compliance with legal obligations. 

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Rafael de Mello and Silva de Oliveira

(11) 3090-9195

Israel Carneiro Cruz

+55 11 3090-9195

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