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The Government understands that parents who are prevented from working on the days when schools will be closed, November 30 and December 7, should not receive the subsidy provided by law that compensates at least partially for the loss of income. It is two days of expiration, that is, in a simple division for 30 days, 7% of the monthly remuneration.
In an interview with Rádio Renascença, the Minister of the Presidency stated that “tExcused but unpaid absences are entitled ”. Mariana Vieira da Silva argues that “at the moment, there is no benefit designed for these two days,” despite the fact that the same law that guaranteed this subsidy during the closure of schools in the first confinement is still in force.
The minister’s statements were released on the day that Business reported that workers with children under 12 years of age have the right to an justified absence and a subsidy that compensates them for the loss of remuneration, based on the conclusions of two lawyers , since the decree-law that frames this right is still in force. The questions were made to the Ministry of Social Security as early as Monday, which, despite insistence, did not respond to Negocios. This Wednesday, after a social consultation meeting, the Minister of Labor confirmed that the Government’s intention is not to grant the subsidy, but, questioned by journalists, did not explain in which legislation it is based on the right to justified absences, responding that Clarifications will be provided by the Directorate General for Employment and Labor Relations (DGERT).
We are talking about two days in the middle of vacations and support for the family was designed for another context for the academic year 2019/2020, and therefore what we have is a different situation, based on an excused absence. [sem remuneração] but here too there must be a shared management between parents: one day to be a father, another day to be someone else ”, suggested the Minister of Labor.
The question applies to the private sector, since the Civil Service has a point tolerance. Asked about the resistance of the private sector to the “recommendation” to close companies these days, Ana Mendes Godinho said that the Government sent an email to some 400 thousand businessmen “requesting the mobilization of everyone in this difficult moment.”
When asked if she considers it fair that public officials and private teleworkers do not lose income, while other workers may have to lose (or be forced to work in person), the minister simply replied that the Government decided the tolerance of aimed for the Civil Service “as a public employer” and renewed the “call” for private companies to do the same.
what the law says
An unidentified government source cited by Expresso said this morning that the lawyers heard by Negócios are wrong because “The family support mechanism is provided by law but expressly concerns the school calendar for the academic year 2019-2020, so it only covers school suspensions that were not provided for in said calendar.”
The Government’s intention is to underline that the support was intended for the previous school year. However, the decree-law is still in force, and can be consulted in the Diário da República, and the academic suspension scheduled for next November 30 and December 7, decided by the Government, is not included in this calendar.
The decree-law establishes that “outside of the school recess periods provided for in annexes II and IV of Order No. 5754-A / 2019”, that is, outside of the holiday periods that were defined in the previous school year, are considered if justified, without loss of rights except with regard to remuneration, absences from work motivated by unavoidable assistance to a child or other dependent dependent under 12 years, or, regardless of age, with a disability or chronic disease, resulting from the suspension of teaching activities “decreed by the health authority or” by the Government, as the case may be.
It also says that in these same cases “the worker has the right to receive exceptional monthly or proportional support, corresponding to two thirds of their basic remuneration, paid in equal parts by the employer and social security”, establishing other subsidies. for independents.
What the lawyers conclude
It was based on the legislation that the lawyers contacted by Negócios reported this Tuesday that the right to justified absence and Social Security subsidy is in force. As we explained in today’s issue, support is only due to one parent, regardless of the number of children, and only if neither of them is telecommuting.
“Article 22 of DL 10-A / 2020, of 13.03, establishes that in the event of suspension of classroom activities, outside of school vacation periods, absence will be granted to accompany children under 12 years of age or, independently age, to accompany a child with a disability or chronic illness ”, Nuno Ferreira Morgado, co-coordinating partner of the Labor area of PLMJ, told Business.“ In these situations, the worker has the right to receive exceptional monthly or proportional help , corresponding to two thirds of their basic compensation, paid equally by the employer and Social Security “.
Inês Arruda, partner in charge of the Labor department of Vasconcelos Arruda Associados, agreed. “It seems to me that Law No. 10-A / 2020 applies, which has not been repealed,” he said, highlighting that the law guarantees this right when the decision to close the school is made by the Government.
Nuno Ferreira Morgado explained that support “can only be requested during the day (s) of suspension of academic activity, so nothing prevents it from being requested for a day or two.” The support is proportional and as Inês Arruda says “the calculation is in relation to the daily remuneration (30 days)”.
The lawyers recalled that support can only be requested by one of the parents and only if neither of them is teleworking, a rule that was quite controversial. “The law considered that those who are teleworking can provide this assistance,” said Inês Arruda. “This lack is based on the need to accompany the minor during the period of interruption of academic activity. The minor does not need to be accompanied by both parents,” added Nuno Ferreira Morgado.
If in the case of wage earners, the expected support corresponds to two thirds of the basic salary, with the minimum limit of a minimum salary (635 euros) and a maximum of three (1,905 euros), calculated in proportion to the days, in the In the case of domestic service workers, it corresponds to 2/3 of the January salary.
In the case of freelancers who have had at least three months of discounts in a row in the last 12, the support is one third of the average monthly base of the first quarter, with a minimum limit of 438.81 euros and a maximum of 877, 62 (2 IAS).
Speaking to Rádio Renascença, the Minister of the Presidency added that many companies have already responded to the government’s call to give their employees tolerance for time and also said that there are many people who are teleworking.
This Tuesday, the Labor Ministry revealed preliminary data from a study by the Office of Strategy and Planning that shows that only 20% of workers are teleworking and that 66% of a sample of 10,000 companies do not have employees working at home. distance.
News updated at 3:50 p.m. with statements from the Minister of Labor, Ana Mendes Godinho.
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