The Federal Supreme Court (STF) concluded, on the night of this Friday (30), the judgment on the validity of the payment of the national wage floor for nursing professionals. The majority of ministers voted in favor of paying according to the law for professionals who are civil servants of the Union, autarchies and federal public foundations.
The floor is also valid for public servants of states and municipalities and the Federal District, in addition to nurses hired by private entities who serve 60% of patients from the Unified Health System (SUS). Payment of the floor proportional to the journey will be accepted.
There was an impasse in voting for payment to CLT professionals, who work in private hospitals.
The proposal of the rapporteur of the process, Minister Luís Roberto Barroso, which determines that there is a prior collective negotiation between employers and employees as a criterion for paying the minimum wage, won. The minister’s argument is to avoid mass layoffs or compromising health services. In that case, other values may apply.
Barroso’s vote was accompanied by ministers Gilmar Mendes, Carmen Lúcia and André Mendonça, the last to cast his vote in the Court’s virtual plenary last night.
Minister Dias Toffoli disagreed with the rapporteur. For him, the payment of the minimum wage to private nurses should occur on a regional basis, according to the collective bargaining of the category in each state, with the “negotiated over the legislated” prevailing. Ministers Alexandre de Moraes, Luiz Fux and Nunes Marques also voted in this direction.
For ministers Edson Fachin and Rosa Weber, the minimum wage should be guaranteed for all categories of public and private nurses.
read more:
national flat
The new floor for nurses hired under the Consolidation of Labor Laws (CLT) regime is BRL 4,750, as defined by Law nº 14,434. Nursing technicians receive at least 70% of this amount (R$ 3,325) and nursing assistants and midwives, 50% (R$ 2,375). By law, the floor applies to workers in the public and private sectors.
Last year, the payment of the floor was suspended by the STF due to the lack of resources to guarantee the payment of professionals, but it was released after President Luiz Inácio Lula da Silva opened a special credit for the transfer of R$ 7.3 billion for states and municipalities to pay the floor.
In May, the rapporteur, Minister Luís Roberto Barroso, established rules for the payment of the floor to professionals working in the health system of states and municipalities within the limits of the amounts received by the federal government. Last week, the case was retried after two requests for review in the face of disagreements presented by the ministers in relation to the operationalization of the payment.
With information from Agência Brasil
