December 8, 2022

The judge orders in-service payment to the health servers until the fifth working day – capital

City Hall claims that the extension of the term was a necessary measure to balance the accounts

A health worker during the vaccination campaign in Campo Grande. (Photo: archive)

The court decided that the shifts of Sisao employees (municipal secretariat the health) until the fifth working day, as stipulated in Article 70 of Supplementary Law 190/2011 (Server Statutes).

In July 2019, the municipal administration published a circular loosening the payment of shift restrictions until the fifth working day, with an increase in the period until the tenth working day. The change was challenged by Sisem (the union of municipal employees and servers of Campo Grande).

The union indicated that the circular could not change the statute for civil servants. In this case, any amendment must pass through the city council. In September 2019, the first instance judge rejected the injunction to overturn the circular.

It ended up at TJ/MS (Tribunal de Justiça from Mato Grosso do Sul). First, the court granted the union’s request, but later suspended the injunction at the city’s request.

Last Monday (27), the judge of the First Court of Homogeneous, Collective and Individual Rights, Ariovaldo Nantes Corrêa, decided to abolish the circular, re-paying shifts to professionals in the health until the fifth working day.

“Consequently, since the on-demand bonus fits within the legal concept of a monthly wage, it is clear that it must be paid by the fifth working day of the next month in which it was paid, and the effects of Circular No. 4,320/SGTE/SESAU/2019 measure being imposed,” judge says.

In the process, the PGM (the municipal prosecutor) indicated that the decision to extend the term was taken against the grain, but it was necessary to balance the accounts.

Shift payments are not fully refunded by the Ministry the healthIn other words, the administration is obligated to organize the resources so that it is not necessary to reduce the amounts of compensation or financial benefits, or even to neglect, precarious or make basic health services unavailable to the population.”

On Thursday (30), Alexandre Avalo, the municipal prosecutor, informed that the city had not yet been notified, and that it would not announce itself until after knowing the content of the decision.