The Supreme Federal Court (STF) has recently concluded a trial regarding the payment of the national salary floor for nursing professionals. The majority of the ministers have voted in favor of paying nursing professionals according to the law, including those who are civil servants of the Union, autarchies, federal public foundations, as well as public servants of states, municipalities, the Federal District, and nurses hired by private entities that care for 60% of the patients of the Unified Health System (SUS).

The majority of the ministers have agreed that the national salary floor must be paid to nursing professionals who are civil servants of the Union, autarchies, federal public foundations, as well as public servants of states, municipalities, and the Federal District. Additionally, nurses hired by private entities that care for 60% of the patients of the Unified Health System (SUS) are also entitled to receive the floor payment proportional to the trip.

However, there was an impasse in the vote regarding the payment of nursing professionals who work in private hospitals under the Consolidation of Labor Laws (CLT) regime. The proposal of the rapporteur of the process, Minister Luís Roberto Barroso, which determines that there must be a prior collective bargaining between employers and employees as a criterion for the payment of the minimum wage, was passed.

Minister Barroso’s argument is to avoid massive layoffs or compromise health services, and in such cases, other values may apply. His vote was supported by ministers Gilmar Mendes, Carmen Lúcia, and André Mendonça.

On the other hand, Minister Dias Toffoli disagreed with the rapporteur’s proposition. He argued that the payment of the minimum wage to private nurses should be determined on a regional basis, based on the collective bargaining agreement of the category in each state. Toffoli believes that “negotiated” should prevail over “legislated”. Ministers Alexandre de Moraes, Luiz Fux, and Nunes Marques also voted in favor of regional payment for private nurses.

Ministers Edson Fachin and Rosa Weber, on the other hand, believe that the minimum wage should be guaranteed for all categories of public and private nurses, regardless of the bargaining agreements or regional differences. This stance ensures that all nurses receive fair and equal compensation for their work.

As per the recent decision by the Supreme Federal Court, the new floor for nurses hired under the Consolidation of Labor Laws (CLT) regime is set at R$ 4,750, as defined by Law No. 14,434. Nursing technicians will receive at least 70% of that value (R$ 3,325), while auxiliary nurses and midwives will receive 50% (R$ 2,375). It is important to note that this floor applies to both public and private sector workers.

Last year, the payment of the apartment was suspended by the STF due to the lack of resources to guarantee the payment to nursing professionals. However, it was subsequently released after President Luiz Inácio Lula da Silva opened a special credit for the transfer of R$ 7.3 billion to states and municipalities to fulfill the payment of the floor.

In May, Minister Luís Roberto Barroso, as the rapporteur, established rules for the payment of the floor to professionals working in the health system of states and municipalities within the limits of the amounts received by the federal government.

Last week, the case was revisited after two review requests due to disagreements among the ministers regarding the operationalization of the payment.

The recent decision by the Supreme Federal Court to uphold the national salary floor for nursing professionals brings clarity and fairness to their compensation. It ensures that nursing professionals, both in the public and private sectors, receive adequate remuneration for their invaluable work.

The decision also highlights the importance of collective bargaining and regional considerations when it comes to setting salary standards. By taking into account the specific needs and conditions of different regions and categories, the aim is to strike a balance between the interests of employers and employees, while safeguarding the quality and availability of healthcare services.

Efforts to guarantee a minimum wage for nursing professionals demonstrate the recognition of their crucial role in society, especially in times of crisis, such as the ongoing COVID-19 pandemic. It is vital to continue supporting and prioritizing the well-being of these dedicated professionals, who play a significant role in ensuring the health and safety of the population.

The Supreme Federal Court has concluded the trial on the validity of the payment of the national salary floor for nursing professionals. The majority of the ministers have voted in favor of paying according to the law to the professionals who are civil servants of the Union, autarchies, and federal public foundations. The floor is also valid for public servants of the states and municipalities and the Federal District, as well as nurses hired by private entities that care for 60% of the patients of the Unified Health System (SUS).

The proposal of the rapporteur, Minister Luís Roberto Barroso, which determines that there must be a prior collective bargaining between employers and employees as a criterion for the payment of the minimum wage, was passed. This aims to avoid massive layoffs or compromise health services. However, there was an impasse in the vote on the payment of CLT professionals, who work in private hospitals.

The new floor for nurses hired under the CLT regime is set at R$ 4,750, as defined by Law No. 14,434. Nursing technicians will receive at least 70% of that value (R$ 3,325), while auxiliary nurses and midwives will receive 50% (R$ 2,375). It is crucial to ensure fair compensation for nursing professionals, who play a crucial role in society’s well-being, especially during health crises.

The Supreme Federal Court (STF) concluded, on the night of this Friday (30), the trial on the validity of the payment of the national salary floor for nursing professionals. The majority of the ministers voted in favor of paying according to the law to the professionals who are civil servants of the Union, autarchies and federal public foundations.

The floor is also valid for public servants of the states and municipalities and the Federal District, in addition to nurses hired by private entities that care for 60% of the patients of the Unified Health System (SUS). The floor payment proportional to the trip will be accepted.

There was an impasse in the vote on the payment of CLT professionals, who work in private hospitals.

The proposal of the rapporteur of the process, Minister Luís Roberto Barroso, who determines that there is a prior collective bargaining between employers and employees as a criterion for the payment of the minimum wage, won.

The minister’s argument is to avoid massive layoffs or compromise health services. In that case, other values ​​may apply.

Barroso’s vote was accompanied by ministers Gilmar Mendes, Carmen Lúcia and André Mendonça, the last to cast his vote in the virtual plenary session of the Court last night.

Minister Dias Toffoli did not agree with the rapporteur. For him, the payment of the minimum wage to private nurses must be given on a regional basis, in accordance with the collective bargaining of the category in each state, prevailing what is “negotiated over what is legislated”. The ministers Alexandre de Moraes, Luiz Fux and Nunes Marques also voted in this direction.

For ministers Edson Fachin and Rosa Weber, the minimum wage must be guaranteed for all categories of public and private nurses.

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national floor

The new floor for nurses hired under the Consolidation of Labor Laws (CLT) regime is R$ 4,750, as defined by Law No. 14,434. Nursing technicians receive at least 70% of that value (R$3,325) and auxiliary nurses and midwives, 50% (R$2,375). By law, the floor applies to workers in the public and private sectors.

Last year, the payment of the apartment was suspended by the STF due to lack of resources to guarantee the payment of the professionals, but it was released after President Luiz Inácio Lula da Silva opened a special credit for the transfer of R$ 7, 3 billion for states and municipalities to pay the floor.

In May, the rapporteur, Minister Luís Roberto Barroso, established rules for the payment of the floor to professionals who work in the health system of the states and municipalities within the limits of the amounts received by the federal government.

Last week, the case was tried again after two requests for review due to the disagreements presented by the ministers in relation to the operationalization of the payment.

read also

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