STF forms majority to restore nursing floor in the public sector – 06/30/2023 – Market

The STF (Federal Supreme Court) formed a majority to reestablish the nursing salary floor in the public sector, this Friday (30), in a session in the virtual plenary of the court.

Six ministers evaluated that the unions should intermediate the payment in these cases. The ministers differ, however, regarding the conditions for the private sector, such as how it should be regionalized.

By the end of the day, they must decide whether to endorse Minister Luís Roberto Barroso’s preliminary decision, granted in May of this year.

In Barroso’s decision, it was established that the floor values ​​should be paid by states, the Federal District, municipalities and autarchy only within the limits of resources passed on by the Union. In the case of professionals in the private sector, the possibility of collective bargaining was foreseen.

The measure was taken after the government of President Luiz Inácio Lula da Silva (PT) published a bill approved by Congress that releases R$ 7.3 billion to fund the measure.

The minister stated that the amount of R$ 7.3 billion reserved by the Federal Executive does not seem to be able to fully fund the necessary resources for the implementation of the salary floor.

According to Barroso, the financial impact of implementing the national nursing minimum, in the first year, would be R$ 10.5 billion for the municipalities alone.

The trial of the measure by the Supreme Court resumed last Friday (23). Ministers Gilmar Mendes, who voted together with the rapporteur, and Cármen Lúcia followed Barroso’s understanding.

Edson Fachin disagreed in the sense that the measure should apply to all professionals and be paid immediately.

He said that it is up to the Union, with its national and subnational entities, to take measures and provide resources capable of fulfilling the commitment. Fachin was followed by Minister Rosa Weber.

Dias Toffoli argued that, in the case of CLT professionals, the implementation of the minimum wage should occur regionally through collective bargaining in the different territorial bases and on the respective base dates.

For this, the negotiated should prevail over the legislated, in view of the concern with possible layoffs and the essential nature of the health service, according to the minister.

“If collective bargaining is frustrated, collective bargaining will be possible, by mutual agreement, or, independently of this, in the event of a momentary stoppage of services promoted by either party”, he wrote. Toffoli’s position was followed by ministers Luiz Fux and Alexandre de Moraes.

Sanctioned by former president Jair Bolsonaro (PL) in August last year and suspended by the STF the following month, the new national nursing floor generated confusion in the sector. The law did not indicate the cost of wages, which provoked a reaction from employers against the measure.

Last Friday (23), Sindenfrj (a union that represents nursing in Rio de Janeiro) took to the streets to collect payment for the floor. The secretary general of the entity, Marco Antônio Schiavo de Souza, says that the union is preparing a new unified strike this week, with workers from the municipal and federal network.

The National Congress enacted, in December, the PEC (proposed amendment to the Constitution) of Nursing, which directed resources towards payment. The text defined that the category floor should be funded by the financial surplus of public funds.

Law 14,434, passed last year, defines that the base salary for nurses will be R$ 4,750. Nursing technicians should receive 70% of this amount (R$ 3,325); and nursing assistants and midwives, 50% (R$ 2,375).