Post by account_disabled on Mar 7, 2024 0:45:37 GMT -5
The Court of Justice of Minas Gerais will not be able to make any discount on the remuneration of its employees due to strikes carried out by the category on November th as well as in the period from November rd to December th of understanding is that of Minister Dias Toffoli of the Federal Supreme Court when granting an injunction in this regard. He took into account the failure to comply with the decision of the National Council of Justice which granted days for the Minas Gerais court to prepare the promotion process.
The Council took this decision rejecting the court's allegation that it would be impossible to carry out a new promotion process until the process relating to promotions had been completed and furthermore that there were difficulties in filling existing vacancies. RCL will still be judged on its merits by the Supreme Court.
Dias Toffoli also took into account the noncompliance by TJMG with the provisions of Law of Minas Gerais which changed the wording of article of Law providing for the payment of additional dangerousness for judicial officers and judicial technician.
Based on the decision of the STF in the judgment of Writ of BTC Number Data Injuction the minister observed that in the Minas Gerais case it is not exactly a question of delay in payment to civil public servants but considered that “among the reasons for the dissatisfaction of TJ employees MG is the body's failure to implement administrative measures that enable functional advancement and an increase in its remuneration standard including noncompliance with an agreement approved before the CNJ”.
Thus he considered that he was faced with an “exceptional situation that justifies the departure from the premise of suspension of the employment contract to justify the deduction of days stopped due to strike” established in article of Law final part . This provision as recalled establishes as a general rule the deduction of strike days unless the strike was caused by delay in payment to civil servants or by other exceptional situations that justify the departure from the premise of suspension of the employment contract.
The minister recalled that SINJUSMG administratively requested the possibility of setting a calendar for the strikers to replace the days stopped due to the strike but that the request was rejected by the TJ. According to him “the danger of delay is unequivocal given the approach of the closing date of the payroll of the Court of Justice of the State of Minas Gerais which makes the substantial deduction determined on the remuneration of the employees who joined the strike imminent. corresponding to days of work.
The Council took this decision rejecting the court's allegation that it would be impossible to carry out a new promotion process until the process relating to promotions had been completed and furthermore that there were difficulties in filling existing vacancies. RCL will still be judged on its merits by the Supreme Court.
Dias Toffoli also took into account the noncompliance by TJMG with the provisions of Law of Minas Gerais which changed the wording of article of Law providing for the payment of additional dangerousness for judicial officers and judicial technician.
Based on the decision of the STF in the judgment of Writ of BTC Number Data Injuction the minister observed that in the Minas Gerais case it is not exactly a question of delay in payment to civil public servants but considered that “among the reasons for the dissatisfaction of TJ employees MG is the body's failure to implement administrative measures that enable functional advancement and an increase in its remuneration standard including noncompliance with an agreement approved before the CNJ”.
Thus he considered that he was faced with an “exceptional situation that justifies the departure from the premise of suspension of the employment contract to justify the deduction of days stopped due to strike” established in article of Law final part . This provision as recalled establishes as a general rule the deduction of strike days unless the strike was caused by delay in payment to civil servants or by other exceptional situations that justify the departure from the premise of suspension of the employment contract.
The minister recalled that SINJUSMG administratively requested the possibility of setting a calendar for the strikers to replace the days stopped due to the strike but that the request was rejected by the TJ. According to him “the danger of delay is unequivocal given the approach of the closing date of the payroll of the Court of Justice of the State of Minas Gerais which makes the substantial deduction determined on the remuneration of the employees who joined the strike imminent. corresponding to days of work.