Clipping of news on Brazilian Culture, Law and Citizenship
02/07/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Unions elect the five most common actions of the Brazilian civil service moved at the federal, state and municipal
BRUNO Dutra
Rio - When it comes to public career, it is very common to mention stability as the main attraction. Although each year to increase the number of stakeholders in the civil service for the tread life, the option can bring mishaps by the complexity of the statutes, career, and the rights that are often not respected, become major battles in court.
Trade unions, the stories are repeated, and the hills represent negative numbers for the image of the public service. Confederation of Workers in the Federal Public Service (Condsef), a list of five major lawsuits (see next column) servers against governments draws attention for diversity.
Josemilton Costa, secretary general of Condsef, points out that the fights in court are required. He explains: "Public servants are now more attentive to the work and duties of government for the career. This attitude is the result of constant improvement of the organizations that raise awareness among the servers on the importance of gaining rights, even in court. "
According to André Viz, a lawyer specialized in labor law and social security, the clash between the server and the government will always exist. "Many actions proceed through for years and continue without discharge. However, you can say that about 80% of the claims are wholly or partially successful, from the point of view of the legal result. Overall, the biggest difficulty is receiving amounts of condemnation, especially at state and local level, "he says.
Main actions
WAGE LOSS
In general, wage losses are associated with economic plans and policies that grant adjustments to certain classes and not others. The best-known case in the country is about 28.86% on the equality with the military, which was not paid in January 1993. It was filed by the Federal Public Ministry in 1997 and was found only in May last year. Although it had a favorable outcome to the military in 1st instance, became extinct by the illegitimacy of the MPF to propose this type of action. The military personnel fighting the payment has already been granted to civilians, according to lawyer André Viz.
RETIREMENT INTEGRAL
Are lawsuits filed in the quest for full benefits when they leave active duty. Basically, the difference is in the length of service required to retire and benefit calculation. While in full the minimum service required is 30 years for women, 35 for men. In proportion, the minimum is 25 for women and 30 for men. In fairness, the public seeks funcionalimso the right to retirement salaries calculated based on the remuneration of the active and not the average time / contribution that became effective after the pension reform of 2003.
MORAL HARASSMENT
According to data from Condsef, grow every day actions filed in court by allegations of harassment in government offices. This conduct is characterized as a server, in the workplace, it is ridiculed or embarrassed in public. In Rio, for example, Law 3921/2002 prohibits bullying in offices or centralized administration bodies, agencies, foundations, and the legislature, executive and judiciary.
Arbitrariness
Arbitrary administrative proceedings in the civil service, most of the time, according to the unions, are committed by bosses and, in general, in relation to the servers who participated in strikes or acts against public institution. According to the statutes followed by officialdom, when necessary, the servers can be warned verbally, written or even dismissed from office. If such acts are committed arbitrarily, or without reason or without notice, workers can go to court.
SPECIAL RETIREMENT
Retirement is a special benefit for persons who worked in conditions prejudicial to health or physical integrity, depending on the type of contact with harmful agents. To apply for special retirement, the applicant must prove, beyond working hours, exposure to local unsanitary conditions. According to Condsef, servers often this situation can not obtain the benefit. This is because the security of the civil service does not provide the timing in these special conditions for retirement, as is done for private sector professionals.
Source: The Day - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.