The government of Luiz Inácio Lula da Silva (PT) announced last Friday (14/7) that it intends to include the nursing floor payment in the next salary. According to the Department of Health memo, “An extensive process of data collection of nursing professionals has been successfully implemented with states and municipalities, which will allow for a better calculation of values that will be passed on to each entity of the nursing union.”
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The file also reaffirmed the commitment to pay the nursing floor in nine installments this year.
The calculation of the minimum threshold, also according to the note, will be applied taking into account the base salary and fixed public remuneration, except for those of a personal nature, in accordance with the guidelines of the Attorney General’s Office (AGU). “The methodology for transferring to entities and monitoring the implementation of the floor at the national level will be based on a working group with the participation of the various ministries (…), under the supervision of the ministries that make up the structure of the Presidency of the Republic and with the coordination of Casa Civil,” the note added.
President Lula had already announced, at the 17th National Health Congress, on July 5th, that the government would retroactively pay for the nursing floor since May this year for the public sector. He also confirmed at the time that the payment includes the thirteenth salary.
“There are people who think that a nurse’s salary, R$4,000 or so, is too expensive. But people forget that when we go to the hospital, the doctor makes the appointment, the doctor gives the medicine, the doctor does the surgery, but the nursing staff takes care of us for the rest of the day,” Lula declared. This work cannot be considered minor.
In turn, Minister of Health Nicia Trindade, who participated in the event, said that the government will implement “the decision of the STF, by guaranteeing the nine installments planned for 2023.”
Understand what is set out in the STF Nursing Hall Rule
The preliminary injunction trial was held in the nursing home in virtual public session until June 30, and even after the finale, it was still initially undetermined how the private sector payment for the floor plan would be. There was a consensus among most ministers on the possibility of negotiation, but not on the extent of the agreement. Therefore, the definition must come through the declaration of the result.
Minister Luis Roberto Barroso, Rapporteur of the Procedure, and Provisional President of the Court, recognized that in the absence of a majority, the average vote, which he wrote with Gilmar Mendez, prevails because it is more in line with the positions of Rosa Weber and Edson Fachin, than the option put forward by Dias Toffoli, in the sense of the floor regional.
Thus, it has been established that the application of a minimum nursing salary for the private sector must be preceded by collective bargaining between employers and employees. In the absence of agreement, the value of the legal floor shall prevail after a period of 60 days, counted from the date of publication of the judgment minutes.
For public entities, minimum federal civil servants, states, municipalities and bodies serving 60% of patients in the unified health system must be paid – in the case of the latter three, payment is subject to transfers from the federation.
The inadequacy of “supplementary financial assistance” determines the duty of the federation to provide additional credit. If this step is not taken, then no payment is required by the entities.
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