According to the decision, in the private sector, the demand for collective union bargaining prevails
The STF (Federal Supreme Court) defined on Monday (July 3, 2023), by 8 votes to 2, that the minimum wage for nursing must be paid to public sector workers by states and municipalities to the extent of federal transfers. In the private sector, the requirement to collective union bargaining as a mandatory requirement. If there is no agreement, the floor must be paid as established by law.
The new rule will come into effect 60 days after the publication of the judgment minutes, even if the negotiations end before that period.
To arrive at the decision in the virtual plenary, the Court used the so-called average vote. The resource was necessary since, in relation to the private sector, 3 chains of votes were registered. The information is contained in the decision signed by the interim president of the Court and rapporteur of the case, Minister Luís Roberto Barroso. Here’s the full of the document (184 KB).
It was also defined that the payment of the minimum wage is proportional to the workload of 8 hours a day and 44 hours a week. If the journey is less, the floor will be reduced.
Read more about the nursing floor:
joint vote
For the 1st time in the history of the STF, justices Barroso and Gilmar Mendes presented a joint vote and expressed their support for the confirmation of the decision that, in May of this year, had reestablished the national salary floor for nursing professionals provided for in the Law 14.434/2022 and set guidelines for their implementation.
Barroso and Gilmar said in the joint vote that new national floors that may be approved will be considered unconstitutional.
The action was proposed by CNSaúde (National Confederation of Health, Hospitals and Establishments and Services).
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