Notícias

Documents for proof of rural working time

01 de November de 2018

Generally social security benefits are denied to workers who worked in the field as a farmer, farmer and the like.

This is because the necessary documents were not presented due to the lack of knowledge of the social security legislation on the subject.

In this way, we have listed some pertinent documents so that the worker who works in the rural area succeeds in requesting administratively (at the INSS agency) or judicially a retirement or other social security benefit.

• Contract of lease, partnership, mediation or rural lending, whose period of activity will be considered only from the date of registration or recognition of signature of the document in a notary’s office;
• Grounded union statement representing the rural worker or, where appropriate, a union or fishermen’s colony, as long as it is approved by the INSS;
• Proof of registration of the National Institute of Colonization and Agrarian Reform – INCRA, through the Certificate of Rural Property Register – CCIR or any other document issued by this body that indicates that the beneficiary is the owner of a rural property;
• Rural producer’s notepad;
• Goods receipt tax notes, referred to in § 24 of art. 225 of RPS, issued by the company acquiring the production, indicating the name of the insured as seller;
• Tax documents relating to the delivery of rural production to the agricultural cooperative, fish warehouse or other, with indication of the insured as seller or consignor;
• Proof of payment of social security contributions arising from the commercialization of production;
• Copy of the income tax return, indicating income from the sale of rural production;
• Proof of payment of the Tax on Rural Territorial Property – ITR, Information Document and Cadastral Update of the Tax on Rural Territorial Property – DIAC and / or Information Document and Determination of Tax on Rural Territorial Property – DIAT, delivered to RFB ;
• License of occupation or permission granted by INCRA or any other document issued by that body that indicates that it is the beneficiary based on the agrarian reform program; or
• Certificate provided by FUNAI certifying the condition of the Indian as a rural worker.

These documents constitute full proof of the rural work, as long as they refer to each year to which the insured intends to prove. They can also refer to other members of the family group, such as father, mother, child and even siblings. In this case, it is necessary to conduct an interview or administrative justification.

Depending on the location, the documents “Declaration of the Rural Union” and “Declaration of the Rural Worker” may replace, respectively, the administrative justification (testimonial evidence) and the interview of the worker.

In addition to the previous statements, another important proof for the rural time is the reduction in term of the declarations of three witnesses, with recognition of a firm in a Registry of Civil Registry.

The following are enumerated documents that are not used as evidence in isolation, that is, they need to be complemented. This complementation may be through witnesses or union declaration and declaration of the rural worker.

• Civil or religious marriage certificate;
• Stable bonding certificate;
• Certificate of birth or baptism of the children;
• Certificate of guardianship or guardianship;
• Power of attorney;
• Elector’s title or electoral register form;
• Certificate of enlistment or discharge with military service;
• Proof of enrollment or enrollment form in school, certificate or school report of the worker or children;
• Membership form in a cooperative;
• Proof of participation as beneficiary, in governmental programs for the rural area in the states, in the Federal District or in the Municipalities;
• Proof of receipt of assistance or accompaniment of technical assistance and rural extension company;
• Public deed of property;
• Receipt of federation or confederation contribution payment;
• Registration in administrative or judicial proceedings, including inquiries, as witness, author or defendant;
• Record or register in books of health homes, hospitals, health posts or the program of community health agents;
• Vaccination card;
• Title of ownership of rural property;
• Receipt of purchase of implements or agricultural inputs;
• Proof of bank loan for rural activity purposes;
• Registration form or union registration or association with the union of rural workers, colony or association of fishermen, producers or other similar entities;
• Social contribution to the union of rural workers, to the colony or to the association of fishermen, farmers or other similar entities;
• Publication in the press or public information bulletins;
• Registration in books of religious entities, when participating in baptism, chrism, marriage or other sacraments;
• Registration in documents of associations of rural, community, recreational, sporting or religious producers;
• Title of payment;
• Statement of proficiency provided for the purpose of obtaining financing from the National Family Development Program – PRONAF; and
• Medical or dental records.

It is important to note that the documents on this list are contained in an exemplary role, according to case law, that is, other evidence can be considered.

Finally, if the worker does not have a minimum of the above documents and if he / she has a family member who has been able to retire in rural time, he / she may request, based on Articles 682 and 685 of IN INSS / PRES nº 77/2015, evidence lent in the family member process.