The fight that former workers of the Lisbon Metro and Carris catch since, in late 2013, the government decided to suspend payment of pension supplements in both public carriers just had the first victory in the courts. A last week’s ruling requires the Lisbon Metro to return the pension withdrawals to 24 retired and to pay them compensation for moral damages, against the decision of the Constitutional Court (TC) took last year when he gave the green light to measure.
The decision of the court of the district of Lisbon is clear, declaring “unconstitutional” Article introduced by the Government in the State Budget for 2014, which suspended the payment of pension supplements in loss-making public enterprises, with the aim of financially rebalance. And therefore, condemns the Lisbon Metro to “cease the suspension of payment” of these supplements and to pay each of the 24 former workers who moved the action “the amounts withdrawn them” since January of last year – month in which the measure came into force. In addition, forces the company to deliver the complainants “compensation for moral damages in the amount of 2,500 euros.” To these values added “default interest, recorded since winning until full and effective payment”, reads the sentence.
To which it was found, it is the first favorable decision pensioners of these companies . In this case, the process had the lawyer Antonio Garcia Pereira, but there are many hundreds of former workers to challenge the suspension of supplements in the courts, supported by the unions. So far, the only known court victory concerned an injunction that, contrary to what had happened until then, the court decided to dismiss.
The action in question, 24 former employees of the Lisbon Metro complained of the fact that the pension supplement (not corresponding to the contribution record and were paid to compensate for the difference between the last wage and the B) are provided from 1971 to be paid to all employees who entered until 2004. “It appears that for over four decades” has been their “assigned, recognized, guaranteed and implemented (…) the right to receive the complement of your pension, “so with widowers had the right” to receive a corresponding survival addition to 20% of the reform “, explain.
The decision of the Government, they say, caused” cuts gross value of pension received, which in some cases amount to exceed 60% “, listing the values then the 24 former workers failed to receive a total of 119,387 euros. The complainants showed up “angry and betrayed your confidence” and “deeply distressed by not knowing what will be their future and their immediate families.” A situation that guarantee, caused “deep anxiety, sleep disturbances, irritability and tendency to isolation.”
In view of these arguments, supported by evidence appended to the file, the court ruled in favor of these 24 retirees Metro Lisbon, contrary to the position that the TC had taken when he was called in 2014 to monitor some of the state budget rules. At that time, the judges of Ratton Palace judged constitutional measure, although the decision was not unanimous
In the ruling, the judge may question:. “This court is bound to understanding up voted by TC? “. And ultimately conclude that “irrelevance of the declaration of non-constitutionality because the only way to guarantee the freedom of judgment of the ordinary courts”. The court even states that a factor has identified for the decision was the “end of the financial assistance program,” which, along with a “deepening of the question,” took him “the finding of a collision” between the measure of the government and “other constitutional principles,” including the right to economic security.
PUBLIC, Metro Lisbon said “is examining the court’s decision therefore does not consider it appropriate to comment “at this time. The decision taken now does not, however, have recourse to higher courts. Together with Carris, this public carrier paid until January 2014, pension supplements to more than 5,600 former workers and pensioners, which entailed spending more than 20 million per year.
The suspension pension supplements was kept in the state budget for this year, public companies with losses for three consecutive years. A proposal by the PSD and CDS, was maintained at point providing for its replacement when generating profits also for three years, as well as the safeguard clause for those who receive less than 675 euros. The government has been holding meetings with representatives of workers, such as UGT, to find a solution, but so far, there is no understanding.
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