Brazil Supreme Court resumes nursing wage floor judgment

The Brazilian Supreme Federal Court (STF) has resumed the merit judgment regarding the national nursing wage floor established in 2022. The case, currently being analyzed in a virtual plenary, is expected to conclude by November 3.

While the three ministers who have voted so far support the wage floor, significant disagreements remain regarding the federal government's financial responsibilities and the necessity of collective bargaining disputes. The rapporteur, Luís Roberto Barroso, proposed using a 40-hour work week as the parameter for full payment of the floor, rather than the standard 44 hours. He also argued that while collective negotiation should precede implementation for workers under labor laws, a formal collective dispute is not required if an agreement is not reached.

Under Barroso's proposal, states, municipalities, and private entities serving at least 60% of SUS (Unified Health System) patients are obligated to pay the floor only within the limits of federal funds provided. These federal transfers should cover both the salary difference and resulting legal charges. However, Minister Dias Toffoli, supported by Minister Luiz Fux, diverged by arguing that the Union should only cover the salary difference itself, excluding charges such as FGTS, social security, and hazard pay. Toffoli also maintains that if unions and employers fail to reach an agreement, a collective dispute must be initiated in labor court.