On Thursday, the Council of Ministers approved a resolution to deal with the exploitation of civilian nurse operations in classrooms, the government announced. The order will be published on Thursday and will have immediate effects.
"Failing to comply with the minimum duty to provide services, the Government must make a mandatory requirement in proportion to the extent necessary to meet the urgent needs of health." Communication from the Council of Ministers, which has been advanced by Lusa.
At the press conference, the Health Minister explained that this decision made the government aware that the minimum services were not in hospitals. Likewise, the ministry has responded to a request for additional opinion by the FGG Consultative Council (PGR).
"Given the Government's knowledge, in the last days the consultations were covered by the minimum services that had been canceled in recent years due to the seriousness of these delays, the Council of Ministers could not take any other choice since the date of departure was not taken into account for the opinion of PGR" "said Marta Temido, arguing that they are independent of the civil status and PGR's opinion. "The request for complementary opinion is not for the use of civil action. At this time the strike is about four dimensions related to legality or illegality".
The office of the Minister announced at the end of the month that only the "Attorney General's Advisory Board" could analyze "the right to strike" but "the legality for financing financing" (a platform crowdfunding) This fight has survived.
The two leaders of the two trade unions called the "strike strike" feared this result: some hospital officials said that this week there were no minimum services (in the hospitals of Porto and Tondela-Viseu), the government's new conditions were created to move forward with this great measure, civil conditions .
In the second phase of block lock in the seven hospital units, the minimum services were extended due to the great difficulties that had already been announced, as the Public Prosecutor's Office attempted to "boycott". I protest.
On Tuesday at the press conference, Marta Temido once again stated that "the attitude of the Government that respects the right to strike" and the "nursing leave" of an "act" is understood. [o direito à greve] it can be excessive and unbalanced. "
"This government option has not been able to alleviate. We have a set of cases that correspond to a group of men, whose face, a health problem, the minimum services they covered, and who were not Animal or in any way, can be read with some health professionals. that we do not have to protect ourselves, the right to health. "
Disagreement, says unions
In the first reaction of the Government decision, the Trade Unions of the Portuguese Federation of Trade Unions (ETSE) warns of the danger of "uncontrolled" fighting in a way that does not support trade unions. "But I have a clear conscience. I have warned the Minister of Health about that danger," said Lúcia Leitek, president of Lusa.
"I do not believe the nurses will not see how the governors do not see it, they will take full responsibility," says unions still consider the framework of civil demand "before making decisions." According to trade unions, the basis of civil conditions is "very damaged", because it "did not happen" because it did not meet the minimum services.
Lúcia Leite believes that "the non-compliance of minimum services is fake" and the Government has used "fictitious events" strategies.
Meanwhile, Sindepor's Nursing Democratic Union (SIND) has been surprised that the government has been demanding a civilian death penalty from the hospital, which is not justified when the minimum services are met.
"It is surprising that we can not understand the reason for this civil reasoning," said Carlos Ramalho, a civil servant of the Union, to the news agency Lusa, "because of the opinion of some" law-abiding teachers, "civil legitimacy was not possible between services". "
Carlos Ramalho declares the government "making a political process for public opinion," because the surgeons are not doing so and the nurse proves "false".
"We keep prying suits and know that they were not used for a long time of operation, and we were always negotiating trading boards to expand them into operating conditions," he said. The unions will contact your lawyer to be "legally-reacted".
Since 1974, according to Portugal's law, a civil claim can only be used when it comes to emergency situations or essential public services. In 1976, the government, later led by Mário Soares, approved a meeting of the Council of Ministers on March 16 as a result of a nurse strike. As of now, this also had immediate effects.
For this purpose, the resolution of the Council of Ministers and an ordinance are requested, asking for the minimum necessary for the fulfillment of these services. The order must specify its purpose and duration, as well as the required work supply system.
The order, said the Health Minister, has immediate consequences. "In some cases, in the case of some of the institutions that cause the strike, they show that they are not worrisome and the minimum services are fulfilled. [a portaria] It's going to be in the afternoon and the effects are immediately produced. "
The Presidency of the Council of Ministers of the State Secretariat has explained that "civil demand" will affect "until the deadline for the abolition of the strike". In this case, until February 28. But the other orders may be published with the same purpose, the official said: "Following this resolution, as from the recognition of this, one or more applications will be required in the field of mandatory requirement in the logic of limiting the necessity and proportionality."
If the civil conditions are not complied with, the law anticipates the expected effects to those who do not appear to be employed or assigned functions, while disciplinary proceedings or crimes of exclusion.
On Friday, another two strike call will be launched to reach three more hospitals: Setúbal, North Lisbon and Coimbra University. Paralysis, over operative blocks, ends at the end of February.
This Friday, at 8:00 p.m., several hospitals are called in different concentrations: Santa Maria, São João, Coimbra and Viseu. The nursing staff will appear in the concentration marked by the Santa Maria Hospital.
The two unions declared the strike of Ana Rita Cavaco and the Strike of the Surgical Movement were called on February 12, instead of the order of the order. Likewise, nurses of the hospital directors that caused the declaration were.
Unprecedented Strike Model
In the theater operator, the nurse began to strike a week ago and last month until the end of this month. From November 22 to December 31, in 40 days, the nurse did the first "surgery strikes" that brought about 7500 surgeries.
The model of this strike is unprecedented in Portugal, which, depending on the type of financing, includes money in the platform crowdfunding (co-financing) for days when the strikers do not pay. This financing will last longer than usual.
Protector was invented by a spontaneous group of young nurses created by WhatsApp. This calls for "Strike Stroke Movement" and the two unions have declared a strike: the Portuguese Union of Nurses of Portugal (Sindepor) and the Association of Nurses of Portugal (ASPE).
In 1976 civilians were the strike-nursing team. The government used mainly the transport sector. In 1977, with Mario Soares, the government used to avoid the TAP strike.
Thirty years later, in 1997, António Guterres, the socialist government, decided to take such a large measure to avoid the strike against the summer rains of that year. In 2005, the Government also declared a civil demand for civil servants because it did not meet the minimum service requirements. In 2014, the government of Pedro Passos Coelho advanced on the TAP strike.