The Supreme Court of Justice (STJ) recognized the right of almost 300 nurses in the Algarve, with individual employment contracts, to salary repositioning and retroactive payments for the period between 2018 and 2021, with amounts that can range between 10,000 and 20,000 euros.
According to lawyer David Mestre Leonardo, who, together with Caio Cortes Igarashi, represented the group of around three hundred nurses, the decision taken by the STJ last week could be extended to approximately 7,000 professionals across the country who are also under an individual employment contract (CIT).
“This is a historic result and one of the most significant victories of Portuguese labor justice”, said David Mestre Leonardo, speaking to the Lusa agency.
End discrimination between contractual regimes
According to the lawyer, the STJ’s decision comes after successive appeals filed by the Local Health Unit (ULS) of the Algarve and marks “a decisive step” in the elimination of existing discrimination between nurses with CIT and nurses hired under a Public Functions Employment Contract (CTFP).
“The decision recognizes the right of professionals with CIT to salary repositioning and payment of retroactive payments due since January 2018 [quando ocorreu o descongelamento das carreiras na Administração Pública] until December 2021”, explained David Mestre Leonardo.
The sentences handed down by the Labor Court of Portimão and now confirmed by the STJ, according to the lawyer, oblige the ULS of the Algarve to recognize that nurses with CIT and CTFP perform equal functions in terms of quality, quantity and nature.
According to the decision, the decision was made to “deem completely unfounded” the last appeal filed by ULS do Algarve, with the inherent confirmation of the appealed ruling.
Algarve ULS guarantees compliance with the decision
“If the court orders us to do so, we now have no other option if we do not comply” with the decision, assured the president of ULS of the Algarve to the Lusa agency, guaranteeing that ULS will, “obviously, comply with the law”.
However, according to Tiago Botelho, the issue is “retroactive to the year 2018 a count of points for career progression that should not be done” and that should only count from January 2022.
“We, at a certain point, had decisions favorable to the administration in the Appeal, but what counts is the Supreme Court and, therefore, we will apply all the decisions that the Supreme Court of Justice tells us to apply and that have become final”, he said.
Retroactives can reach 20 thousand euros per nurse
ULS will now have to assign the points relating to the year in which they started their duties, regardless of whether they started in the first or second semester, and pay the remuneration increases due from January 2018 to December 2021, with consequences for overtime work, night work and holidays, plus late payment interest and procedural costs, says David Mestre Leonardo.
According to the lawyer, each of the almost 300 nurses in the Algarve should receive, on average, between 10,000 and 20,000 euros, with an impact not only on retroactive amounts, but also on current salaries and career progression.
The decision puts an end to salary discrimination between nurses with an Individual Employment Contract and those hired under a Public Service Employment Contract.
“I hope that the Government will take legislative measures to transpose the effects of these court decisions to all nurses with CIT in the country”, stated David Mestre Leonardo, warning that, if this does not happen, new legal actions may be taken.
“It was a real fight between David and Goliath, but justice prevailed”, he concluded.
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