The PEC (proposed amendment to the Constitution) that created a national salary floor for nurses, technicians and nursing assistants and midwives, approved by the Chamber and sanctioned by President Jair Bolsonaro (PL), was suspended on Sunday (4) by the STF (Supremo Federal Court).
The proposal established a minimum remuneration of R$ 4,750 for nurses. Nursing technicians should receive 70% of this amount, and nursing assistants and midwives, 50%.
The measure had been approved on July 13 by Congress after gaining strength due to recognition for the work of these professionals during the Covid-19 pandemic. The law was sanctioned on August 4th by the president, who vetoed the section that provided for automatic readjustment.
Why was the nurses’ floor suspended?
The national salary floor for nursing was suspended by Minister LuÃs Roberto Barroso, of the STF, who responded to requests from entities linked to the sector. In the decision, the magistrate cited the risk of layoffs.
Barroso decided that the suspension will remain “until it is clarified” the financial impact of the measure for states and municipalities and for hospitals.
Who went to court against the nurses’ floor?
The decision was given in a lawsuit filed by the National Confederation of Health, Hospitals and Establishments and Services. The minister said that the entity presented “plausible allegations” of possible “mass layoffs” with the new law.
“Although there is still no official data on layoffs in the sector, given that the law has not even completed its first month of validity, the representative entities of the sector are unanimous in stating that the dismissal of employees will be necessary to balance the costs”, stated.
According to the magistrate, “the forecast seems to be consistent with the impact estimated by the Chamber of Deputies for the private hospital sector, which is R$ 10.5 billion, considering for-profit and non-profit entities”.
What is a salary floor?
The floor is the lowest salary that a certain professional category can receive for their working day.
As it is a benefit, the minimum wage will always be higher than the national (or state, if any) minimum wage. If the floor of the category is lower than the minimum in the state, the state minimum wage is valid because it is more beneficial to the worker.
What does it take for a category to have a salary floor?
The salary floor always refers to a professional category. It can be agreed by the unions (in collective agreements) with regional validity or fixed by law, valid throughout the country.
The floor is not synonymous with salary because not all professional categories have a floor fixed by law or collective agreement. And, to establish the floor, free negotiation is valid, always considering that the value must exceed the minimum wage.
What are the arguments of those who are against the salary floor?
The National Confederation of Municipalities alleges that the national floor for nursing was approved without the federal government or Congress presenting a source to pay for the measure, which would cost the municipal coffers R$9.4 billion.
“The Confederation emphasizes that the measure is essential to correct the current situation, given that, 31 days after the enactment of the measure that implemented the floor, the National Congress has not decided, so far, what will be the source of funding for the same, despite [os parlamentares terem] committed to it at the time of the vote,” the confederation said in a statement.
The entity also fears an overload in hospitals and damage to the maintenance of the supply of beds and other hospital services, including in the SUS (Unified Health System).
What does the federal government say about the salary floor?
For members of the federal government, a measure would not be necessary to compensate for the increase in expenses with the creation of the floor for nurses.
According to technicians, the project would not create a permanent expense for the Union, as the professionals are hired as if they were outsourced or already receive above the created floor.
Therefore, the government would not need to create new revenue or cut spending to offset the project sanction.
What are the next steps in this case?
After suspending the law on the nursing floor, Minister LuÃs Roberto Barroso gave a period of 60 days for federation entities, sector entities and the Ministries of Labor and Health to express their opinion on the ability to meet the floor.
“The precautionary measure will remain in force until the matter is reconsidered in the light of the clarifications provided”, he decided.
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