The Ombudsman considers that the pay cuts applied to employees of public companies are illegal and asked the Constitutional Court (TC) for the auditing of the standard that maintain the reductions above 1500 euros compensation. The decision to José de Faria Costa was announced on Tuesday and retrieves an issue that had already been put to the TC concerning the State Budget (OE) for 2014.
Law No. 75/2014, of September 12, provides that the salaries of civil servants and em ployees of public companies above 1500 are subject to a court and that, as of January 1, 2015, 20% of cutting resumes. The application of José de Faria Costa concerns only “applicable to employees of the entities integrated in the world of business activity undertaken by public entities, in which the capital is predominantly public.” That is, it leaves out the staff of direct administration of the State.
The provider had already asked the ECA to analyze the problem of application of wage cuts to employees of public companies, when asked for the auditing of some OE law of standards for 2014. At the time, he argued that he was concerned the principle of proportionality, because the OE did not involve the public companies hand over to the State Treasury the amounts in remuneration reductions of those workers.
The Ratton palace judges ended up not considering the request, declared unconstitutional because all wage cuts provided for in OE (which began in 675 euros and which have since been replaced by the cuts that were enacted in 2013, affecting gross wages above 1500 euros ).
The TC will also evaluate who is right on the 35-hour standoff that pits government and local authorities.
On your request this week, the provider asks the Constitutional abstract surveillance an article of the General Labour Law on Civil Servants (35/2014) related to the approval of collective agreements (ACEP) signed between the authorities and trade unions, among other things, maintain the 35-hour week (instead of the 40 hours allowed in law).
In a statement issued on Tuesday, the ombudsman explains that at issue is the standard “requires the approval of the members of the Government, responsible for Finance and Public Administration, as the collective agreements in the public employer under the local government. “
The provider’s intervention with regard to collective agreements in the municipalities was requested by the National Association of Parishes (ANAFRE) and 16 municipalities of the Metropolitan Area of Lisbon and before that he was requested by the Union of Workers of Public Administration (Sintap).
The order comes in hundreds of signed collective agreements (since late 2013) between trade unions and chambers, joints parish and other municipal bodies, to maintain the weekly schedule of 35 hours. The Ministry of Finance refused to publish these agreements and requested an opinion from the Advisory Council of the Attorney General’s Office. The opinion has been sent to the Government in May but was only approved in September and goes towards considers that the Finance should be part of the negotiations, next to municipal bodies.
This opinion was opposed by many mayors and unions, who criticize the interpretation fair by the Government “to impose the participation of the Government member responsible for Finance and Public Administration in the negotiation and conclusion of collective agreements public employer between local authorities and the their workers, “as referred the application to intervene in the municipalities in the Lisbon area.
Now the provider asks the TC to assess the constitutionality of two paragraphs of Article 364 of the General Labour Law, which subject the agreements between municipalities and unions of the approval of the Ministry of Finance.
The first point is that states that are entitled to conclude collective agreements by the side of the public employer, “the members of the Government responsible for Finance and Public Administration, to supervise the the organ or service and the public employer “. The second provides that collective agreements are signed by the unions and members of the Government and representatives of the public employer.
So far, the Ombudsman has not made public the applications submitted to the Constitutional Court.
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