The Ministry of Finance yesterday left a warning to councils, parish councils and other municipal bodies to practice 35 hours weekly schedules are violating the law. The warning was given on the day when the Government approved the opinion of the Attorney General’s Office (PGR), concluding that the negotiation and conclusion of collective agreements public employer (accep) in local government has to rely on the active participation of the Ministry of Finance.
In a statement released yesterday, the executive remembers a accep “only comes into force and therefore only take effect after being published in the Official Gazette.” Until then, he adds, applies to general legislation. In other words, municipalities that have immediately signed the agreements with the unions, which are pending in the Ministry of Finance, are not legal to practice 35 hours basis. Have to apply the 40 hours prescribed by law since September last year.
In any case, the Government says it will be necessary to negotiate the content of the four hundred accep sent to you over almost a year and have not been published. “In line with the conclusions of Opinion No. 9/2014 of the PGR Advisory Board, will give the government founded the proposals forwarded by local authorities ACEEP response and develop the required business processes in order to achieve understanding and consensus the various aspects of the proposals, “the statement released yesterday afternoon, four months after the opinion was sent to the Secretary of State for Public Administration, Jose Leite Martins.
In this process, will be taken into account several criteria including “the global and individual objectives financial stability of municipalities (particularly in terms of borrowing and fiscal balance), no worsening of their respective salaries (including overtime) and workforce efficiencies.”
The Finance Ministry did not disclose the opinion of the PGR, but says their findings “clear recognition of the legitimacy of the government members responsible for Finance and Public Administration to conclude ACEEP together with local authorities, and their action be joint and articulated during all phases of negotiation. “
And although government intervention can not be translated” in issuing orders or directives to local authorities, “cabe- you ensure respect for “principles of rationality and budget management and coordination of human resources policies in the Public Administration, and shall give reasoned reply and suggest negotiating solutions to ensure internal equity within the Public Administrations and ensure legality of these instruments of collective regulation of work. “
Unions react
In reaction to the announcement of Finance, the Federation of Trade Unions of Public Administration (FESAP) regrets that the Government “has waited many months to approve this opinion and present a solution to this important issue, especially if we take into account that the position assumed in the statement goes towards developing new business processes on proposed ACEEP negotiated and concluded between the trade unions and municipalities. “
Joseph Abraham, one of the leaders, told the PUBLIC that will meet with the Secretary of State, Leite Martins,” as soon as possible so that solutions are provided clarifications and presented “to unlock agreements, ensuring the 35 hour working week. “
The FESAP considers” unacceptable “the government” continues to keep secret the entire contents of the opinion of the RMP and that after such a long wait , continue without knowing how and when they will be resolved processes relating to ACEP negotiated “. Also the National Association of Portuguese Municipalities complained disclosure of opinion.
In turn, the National Workers Union Local Administration (STAL) argued that the Government publish the collective to maintain the 35-hour agreements weekly working in local authorities and disclose its opinion on the matter.
“We just [yesterday] to send a letter to the Ministry of Finance [MF], being an interested party, to communicate the opinion that homologated longer have no reason not to give the opinion, “said Lusa Francisco Braz, president of STAL.
Francisco Braz revealed that the Secretary of State for Public Administration, after being subpoenaed in court in the second instance, the justify the suspension of the publication of more than 400 agreements held by the Government, “was reported to give notice of the opinion of the PGR, but not yet delivered.”
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