Court formed majority for the floor this Friday afternoon; André Mendonça accompanied the rapporteur, Minister Roberto Barroso
The STF (Federal Supreme Court) decided on the night of this Friday (30.jun.2023) to release the payment of the nursing floor for civil servants. The Supreme Court had already formed a majority with the understanding of Minister Cármen Lúcia, who voted to endorse the decision of Minister Roberto Barroso who reestablished the payment of the nursing floor.
The last vote in the virtual plenary was that of Minister André Mendonça, on the night of this Friday (30.jun). Like Cármen Lúcia, Mendonça also accompanied Barroso, the rapporteur for the action. Thus, the nursing floor was approved for the public sector. However, in the private sector, the decision was not endorsed, that is, the nursing floor for employees in the private sector will not be applied.
Barroso had decided to bar other categories floors and determined a prior collective bargaining in the private sector before the implementation of the nursing floor in order to avoid mass layoffs.
In May, the rapporteur approved the floor under criteria. Among them is the determination that the payment must be made by states and municipalities within the limits of Union transfers. Barroso dispatched on the case once again and said that the nursing floor could only be attended to as follows:
- federal civil servants – the floor must be applied in full with salary adjustments in accordance with the provisions of the law 14,434/2022;
- public servants of the States, the Federal District and autarchies of these instances and private entities that serve at least 60% of their patients through the SUS (Unified Health System) – in this case, the salary floor will only be applied until the resources provided by the Union, of R$ 7.3 billion, meet the payments; It is
- private sector employees hired through the CLT(Consolidation of labor laws) – the nursing salary floor must be applied as defined by law 14,434/2022, unless there is a collective agreement that establishes other values taking into account “the concern about mass layoffs or compromise of health services”.
Minister Edson Fachin partially disagreed with the rapporteur on the issue that deals with the payment of employees in the private, state and municipal networks. He defends that the adjustment be made in accordance with Law 14,434 of 2022. The President of the Court, Minister Rosa Weber, accompanied the vote.
Minister Dias Toffoli, on the other hand, determined that private sector workers receive the floor in a regionalized manner, respecting the rules of each State, and through negotiation between employers and workers. The vote was accompanied by ministers Alexandre de Moraes, Luiz Fux and Nunes Marques.
Here are the voting results so far:
- 4 voted for collective bargaining in the private sector: Roberto Barroso (rapporteur), Gilmar Mendes, Cármen Lúcia and André Mendonça;
- two voted for the immediate payment of the floor for all categories: Edson Fachin and Rosa Weber; It is
- 4 voted for the regionalization of the floor payment: Dias Toffoli, Alexandre de Moraes, Luiz Fux and Nunes Marques.
The trial closes at 11:59 pm this Friday (30.jun.2023) at the virtual plenary.
WILL EXPAND INEQUALITY
The implementation of the national nursing floor will affect municipalities in the North and Northeast more severely – regions that already have more difficulties in maintaining and expanding their health structures both in the public sector.
As the difference between the current average salary and the baseline values is greater in these regions, the financial impact of adjusting salaries will be much greater for public agencies and companies.
The impact will also be disproportionate on the bills of hospitals and health institutions. In the State of Sergipe, the forecast is for a 40% growth in personnel expenses in health, compared to a national average of 2%. At the municipal level, the cities of Amapá will be the most impacted, with a 20% increase in expenses against the national average of 4%.
These numbers are mainly a reflection of the difference in the average salary of the States in relation to the values of the new floor.
The law passed by Congress lays down the floor of BRL 4,750 for nurses. It also determines that technicians in the category receive 70% of this amount (R$ 3,325) and assistants and midwives, 50% (R$ 2,375).
PROPOSAL HISTORY
- approvestion in the National Congress – on July 14, 2022, Congress promulgated the PEC (Proposal for Amendment to the Constitution) which made the basic salary of BRL 4,750 for nurses constitutional (PEC 11 of 2022). The measure was taken to presidential sanction without the source of financing being defined;
- Bolsonaro sanctions law – on August 4, 2022, then-president Jair Bolsonaro sanctioned the wage floor with vetoes. The former president vetoed the article that determined the updating of the floor based on the INPC (National Consumer Price Index);
- issue reaches the Supreme Court – also in August, CNSaúde filed an ADI with the Supreme Court questioning provisions of the law and alleging that there would be damage to the private sector. The case was distributed, by lot, to Minister Roberto Barroso;
- floor suspension – on September 4, 2022, Barroso determined the suspension of the salary floor and asked the federal government, states, the Federal District and sector entities to provide information about the financial impact of the Law; The decision was countersigned by the Court by 7 votes on September 16;
- new constitutional amendment – on December 23, 2022, the National Congress published a new amendment to the Constitution that stipulates that the Union will help States and Municipalities to pay the new floor;
- Nursing floor PLN – on April 26 of this year, Congress approved the bill of the National Congress sent by Plateau About the subject. The project released R$ 7.3 billion from public coffers to the Ministry of Health and allows the payment of the basic salary of R$ 4,750 for nurses, R$ 3,325 for nursing technicians and R$ 2,375 for nursing assistants and midwives;
- money is sanctioned – President Lula sanctionedon May 12, the measure approvesgiven by the legislature;
- floor is reestablished – on May 15, Barroso reestablished the salary floor by means of an injunction (provisional) decision.
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