Law no. 14,434 of August 4, 2022, amended Law no. 7,498/1986, for
Institute the National Nurse's Salary Floor, Nursing Technician, Assistant
nursing and midwife. In September of the same year, the norm was suspended by
Minister Barroso, due to concerns about risks for employability in the sector and
Eventual reduction in the quality of services and bed offerings.
After judgment, published on 06/07/2023, the Federal Supreme Court
(STF), aiming to avoid large scale layoffs or losses in health services,
established that the requirement for collective bargaining as a requirement
prevails
Mandatory procedural for the implementation of the salary floor, however, if there is no
Agreement, the floor should be paid as fixed by law, which will occur after
60 days after the publication of the decision.
The collective agreement should involve the workers' union and one or more
companies, and the rules established in the agreement must be fulfilled only
those involved in collective bargaining.
In no collective bargaining within the stipulated period, payment
of the salary floor shall follow the amount fixed by Law no. 14.434/22. The values are the
Following: R $ 4,750.00 for nurses, R $ 3,325.00 for nursing technicians and
R $ 2,375.00 for nursing assistants and midwives.
In practice, the STF's decision allows collective agreements in the private sector
Establish different wage floor values provided by law. In addition, the decision
provides that the payment of the salary floor is proportional to the workload of 8 hours per day
and 44 hours per week of work. In case the journey is less than this, the floor also
will be reduced as long as it respects the proper proportion.
Carpena Advogados team will continue to follow the theme and are to
Willingness to answer any questions on the subject.