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The discussion on the nursing minimum wage returns to the STF agenda tomorrow (23). Follow the progress of the verdict on the new wage for healthcare workers!
The case returns to the plenary of the Federal Supreme Court (STF), thanks to the minister returning the case, with the nursing minimum wage trial beginning tomorrow (23). The vote will take place in the virtual plenary until June 30.
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The STF is reviewing Minister Luís Roberto Barroso’s decision of May 15. Barroso individually authorized payment of the nursing minimum wage and established some guidelines for implementing the new law.
Now, the minister’s decision will be confirmed or overturned by the court’s plenary. Until last week, the vote was 2 to 1 in favor of releasing the payment. However, Minister Dias Toffoli requested more time to assess the case.
Nursing minimum wage: judges fear mass layoffs
The votes in favor of the minimum wage come from Justices Roberto Barroso and Gilmar Mendes. In their joint decision, they specified where the Union will obtain funds for the new wage and the rules that private companies must follow.
In this context, the vote determines that collective agreements between professionals and companies must take place within 60 days after the publication of the minutes of the trial. Thus, the parties may determine the professionals' pay, even if it is lower than the minimum established by law.
However, if there is no agreement within the deadline, the company must adopt the nursing minimum wage. According to the justices, the intention of this rule is to prevent mass layoffs and problems in healthcare services.
The dissenting vote came from Justice Edson Fachin, who believes that the new minimum wage law should be applied in full, without distinction between public- and private-sector employees, as determined by Barroso's decision.
Seven STF justices still have to vote on the nursing minimum wage. As the trial is taking place in the virtual plenary, which does not allow debates, the result should be known quickly.
