The Government has no intention to renew for another year the special scheme suspending the rules of the collective agreements concerning the payment of overtime and holidays, as opposed to asking employers’ confederations. The news is released this Monday by the Daily News , Journal News and Mad Money , which says that the government will comply with the judgment the Constitutional Court (TC) and will not prolong the regime that is in place since 2012 and until the end of 2014.
To confirm, unions applaud the measure. For UGT, is guilty of late. While the CGTP says comes restore legality. Have the Business Confederation of Portugal (CIP) promises to take the issue to the Social Dialogue and warns that many companies, particularly in the transport sector, will not be able to respond to the worsening of labor costs.
PUBLIC questioned Minister for Employment and Social Security on the subject, but had not yet answer.
At issue is a special scheme in force since August 2012 and which has since been extended until end of 2014, which reduces to half the value of the extra work and public holidays. It relates to the companies that have collective agreements which provide extra hours payments and work in day holiday up establishing the Labour Code.
In the labor law of 2012, the Government stated that between August 2012 and August 2014, the rules of collective bargaining for the payment of extra work and public holiday would be suspended, and after that time, if not revised, the amounts would be reduced by half.
When ruled on this matter, the Constitutional Court accepted the temporary freezing of contracts between August 2012 and August 2013, but chumbou the possibility of the amounts fall by half. In practice, the decision required that, as of August 1, 2014, the companies would resume to be governed by the table provided in collective bargaining, but the scheme has been extended until the end of the year.
If the Government complies with the judgment and not give in to the demands of employers, workers start to receive the predicted values in contracts that were already suspended from 1 January.
The executive secretary of the UGT, Sergio Monte, welcomed the replacement of the payment of holidays and overtime without cuts, but considered that piece for later.
“We welcome the resumption of the payment of overtime, as set out in the collective agreements of the various sectors, but sin is for late, because this replacement payment should have been made in August this year, as determined by the Constitutional Court’s judgment, “he told Lusa agency.
Sergio Monte pointed out that, for example, in transport sector, which uses much the additional work due to lack of staff, such recovery is very important.
The Secretary-General of the CGTP, Armenian Carlos, believes that the replacement restores the legality and will allow the creation of more jobs. “We think it is reset legality. The Government clearly entered a situation of illegality when intruded in collective bargaining and took over the suspension of the extraordinary work of payment amount stipulated in collective agreements,” he said.
Armenian Carlos recalled that the cuts carried out by the Government led CGTP to present last year, a complaint to the International Labour Organization (ILO).
According to the leader of Inter, the replacement will help and encourage job creation. “For the CGTP, did not make any sense. The cuts were part of a wage reduction of line laid down by Government and implemented in various ways, including by non-payment of overtime work,” he said.
The secretary general of the CGTP said this issue was not topic of discussion in the meetings of social dialogue. “Neither would there be [discussion]. Things are clear and unambiguous. It makes no sense this cut, because it is illegal, is unconstitutional and would only continue a line of exploitation of workers based on the reduction of salaries,” he said.
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