STF establishes that nursing salary should be paid if there is no collective agreement

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...

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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.