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MPF considers unconstitutional labor ‘reform’ item on 12×36 day

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São Paulo – The item of the 2017 labor “reform” on individual agreements to implement the 12 × 36 day is unconstitutional, according to the opinion of the Federal Public Ministry sent yesterday (3) to the Supreme Court. The STF analyzes a direct action of unconstitutionality, ADI 5.994, on the subject. Filed in August 2018, the lawsuit is reported by Minister Marco Aurélio Mello.

The National Confederation of Health Workers (CNTS), which filed the lawsuit, questions the expression “individual written agreement”, included in Law 13.467, to authorize the fixing of the workday, which provides for 12 hours of work for 36 hours of rest. It is a common modality in hospitals, but with the “reform” it was extended to any establishment.

In his statement to the Supreme Court, the Attorney General of the Republic, Augusto Aras, recalls that under the Constitution the maximum workday is eight hours per day and 44 hours per week, allowing compensation or reduction through collective agreement. And Article 7 of the Charter values ​​collective bargaining as a way of making the journey more flexible, but provided that it improves the social condition of the worker. “The simple reduction or waiver of rights, especially of unavailable constitutional rights, is not allowed, but it is necessary to agree on compensation or compensation,” he says.

For this reason, according to him, the change included in the 2017 law restricts a fundamental right: to defend, through its representatives, a journey suited to the interests of the category and negotiated collectively. The “reform”, therefore, hurts what he calls collective private autonomy, the right to bargain, and thus “the right of collective resistance of workers to obtain labor compensation”.

Health and safety at Work

The attorney general agreed with another point highlighted by the CNTS, the one that provides that payments due to the worker as paid weekly rest (DSR) and rest on holidays are covered by the monthly remuneration. Thus, holidays and night work extensions would already be compensated on the scale. Aras considers that this item is also unconstitutional.

According to him, these are issues related to health and safety at work, which is “in the spotlight” of the International Labor Organization (ILO). “The imposition of limits on the duration of work has fundamentals of a biological, social and economic nature, connected, to a greater or lesser degree, with worker safety and human, physical and mental health.”

In presenting the ADI, the confederation also warned of potential health risks. According to the entity, many workers “inadvertently, or very possibly due to the pressing need for employment, submit to extraordinary working conditions without the necessary external supervision, which is only possible by agreeing on the normative and collective labor instrument”.

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Economy

Union denounces the death of 20 teachers by covid-19 after back to school in SP

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São Paulo – The Union of Teachers of Official Education of the State of São Paulo (Apeoesp) held a demonstration today (4) denouncing the death of at least 20 teachers by covid-19 since the beginning of the return to school in the state of São Paulo Paulo. The entity also accounts for 1,861 confirmed cases of covid-19 in 850 schools. The protest took place in front of the State Department of Education of the government of João Doria (PSDB), after a motorcade through the streets of the capital of São Paulo. In addition to honoring these teachers, the act also called for an immediate suspension of classes until the new coronavirus pandemic is controlled in the state.

The demonstration began in the Masp free space, on Avenida Paulista. From there, the teachers went to the State Department of Education, at Praça da República. “It is unacceptable what the Doria government has been doing with teachers. Without closing schools, keeping thousands of teachers and staff and millions of students circulating every day, many in public transport, Doria and her Education Secretary reveal themselves as they are: enemies of life ”, said the president of Apeoesp and state deputy, Professor Bebel.

The Doria government has not released records of confirmed and suspected covid-19 cases in schools for two weeks. Much less if there was a death by covid-19 of teachers, students or other education workers. In the only balance sheet released on February 16, there were 741 confirmed cases and 1,133 suspected cases.

Folly

Although it claims that back to school amid the covid-19 pandemic is safe, the Doria government has restricted access to the Education Information and Monitoring System for Covid-19. With that, the governor leaves the assessment of the resumption of activities without any transparency. Only one server from each school can be registered and access the system, both to notify suspected or confirmed cases of the disease at school, and to monitor the general situation of the pandemic in the public school system.

The Secretary of State for Health of São Paulo, Jean Gorinchteyn, defended, on Tuesday (2), the closure of schools across the state due to the worsening of the pandemic of covid-19. He admitted that the increase in the circulation of people promoted by the return to school has contributed to the worsening of the transmission of the new coronavirus in recent weeks, as teachers and health experts have always said it would happen. Today, São Paulo has 17,802, with 9,910 in the ward and 7,892 in the ICU, the largest number in the entire pandemic.

“If we understand that people are threatened
against the virus, against the collapse (of the health system), we have to reevaluate
situations that could be avoided. One of them is the situation of the school. THE
The problem is not the school, but the movement of people. Teachers, students, parents
who take and bring their children. Even in public transport, the exposure that the
we end up putting people. At this point, it is worth noting that this
question of not having classes, ”said Gorinchteyn, in an interview with CBN radio.

Restrictions

In addition to the case records and the denunciation of the death of these teachers by covid-19, Apeoesp also highlights data from the Hospital do Servidor Público Estadual (HSPE) that shows the exhaustion of intensive care units (ICU) after returning to school. According to the internal bulletin of the HSPE, on Monday (1), the ICU occupancy for patients with covid-19 in the hospital is 95%. In wards, the occupation is 73%.

Yesterday, Doria announced that the entire state will enter the red quarantine phase for two weeks, starting on Saturday (6), due to the worsening of the covid-19 pandemic in São Paulo. However, he decided to keep the schools open. “Despite the restriction measures, state schools will continue to open their doors at the worst moment of the pandemic”, criticized Bebel, who guaranteed the continuation of the teachers’ strike, which started on February 8.

Teachers killed by covid-19 in São Paulo, according to a survey by Apeoesp:

Maria Inês Silva Frozel
Eda Balle Pulpato
Antonio Cesar Pereira
Cinthia Aparecida
Rodrigo Andrade
Regina Aparecida dos Santos Tomaz
Maria Soeiro
Maria Tereza Miguel Couto
Marcelo Shiroma
Antonio Cesar Pereira
Antônio Cesar Zenetti
Adriano Moraes
Ana Clara Macedo dos Santos
Paulo Henrique Camargo
Deolinda Scotti
Amauri Nicoletti
Guilherme Augusto de Oliveira Rebello
Luciani Andrade Serrão
Eliana Ferreira Boni
Luiz Roberto Oliveira

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