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The only thing that seems certain after the first two days of discussion of the state budget (OE) is that the The government will have to return to the negotiating table with teachers. But will you have to do it or can you simply ignore what the Assembly of the Republic has inscribed in Article 16-A of the 2019 OJ? And if you do, there is a guarantee that the recovery proposal will be better than the 2 years, 9 months and 18 days already approved by the Council of Ministers?
The scenarios are many, but teachers and all parties, with the exception of the PS, demand that the executive resume negotiations. Block and PCP admitting no other accounts than the nine years during which the professors' career was frozen. The main teachers' unions, Fenprof and FNE, have already welcomed what Mário Nogueira considered "the great defeat of the government and the PS". For the moment, they will change their proposals.
Mário Nogueira and João Dias da Silva explained to the observer that this would lead to proposal adopted at the Regional Assembly of Madeira, which provides for the total recovery of blocked time for all teachers of the archipelago for 7 years. Thus, they added two years to the phasing: initially, teachers asked that the 9 years, 4 months and 2 days be recovered until 2023. Mário Nogueira hopes to open the dialogue in early January.
Asked by the observer on the question of whether it was planned to resume negotiations and on what date, the Ministry of Education did not respond before the date of publication of this article. For the moment, Mário Nogueira has promised: "The budget will come into effect on January 1. So you can expect to receive a letter on January 2 calling for the start of negotiations."
"The paid expression of service time in careers, positions or categories embedded in special bodies, when the evolution and modification of compensation depend on the course of a certain period of service rendered legally established for this purpose, is taken into account in a negotiation process with: in order to define the deadline and the manner of respecting it, taking into account the sustainability and compatibility with the available resources. "
Proposed DSP
Between Article 16 of the State Budget of 2019, proposed by the PSD and approved this Monday, and Article 19 of the previous OE there is not even a comma that changes its place. The novelties appeared in the proposals of the Left Bloc, the PCP, the Greens and the CDS, but they all failed, even though Communists and centrists managed to approve the first line of the respective proposals.
That is to say that the PSD proposal, the only one that has been fully approved, does not bring anything new to the previous finance law. The Prime Minister himself had already spoken about it. António Costa, at the opening of the parliamentary days of the PS, criticized Saturday the PSD to propose "a rule identical to that of last year, but without his vote" (the PSD has abstained last year). On the other hand, he saw in the proposals of the BE and the PCP "an enormous virtue, since they give reason to the government".
"The PCP and the Left Bloc did not propose the same standard last year, but rather what they said was the norm last year and we said that this was not the case, and the best proof that it was not in OE is that now PCP and the Left Bloc felt the need to make explicit and say what last year did not appear in any finance law, "said the chief executive.
The PCP proposal – which was taken by the right on Monday and Tuesday, the last time in plenary – provided that the solution found in the negotiation between the government and the unions would guarantee "a full consideration of the duration of the service" . He also predicted that the phasing out for time recovery could not exceed seven years. When he is touched, at no point in the article does he refer to how long he has to be recovered. As in 2018.
On the other hand, the bloc experienced a five-year shorter elimination between 2019 and 2023. If no solution was found in the negotiations, the BE proposed that the recovery should have "a 20% expression at the beginning of the year. every year". Ms. Joana Mortágua explained to the observer that the goal was to put pressure on the government to find a solution. "This device forced the government to negotiate, was an incentive to reach an agreement that could even be more progressive over time."
For Joana Mortágua, the result of the votes reflects a reality: "The mask on the right has fallen and we realize that the PSD is only available for a maneuver allowing it to make an electoral game. "However, despite a breakthrough, the government is forced to negotiate, recalls" the experience of last year. "" If Parliament wanted to impose on the government the obligation to negotiate a full service time, he should have given a stronger signal. "
João Oliveira, from the PCP, also believes that the PSD has not kept the word given to the teachers and that the deputies could have gone further. And limited approval of what could be the solution that the 2014 EO should frame, "he told the press in Parliament.
Margarida Mano of the PSD had already warned last week that the Social Democrats would vote against the proposed amendments to BE and the CFP, because she said that "the Parliament can not decide the end of negotiations, or maximum periods" . This, he argued, does not concern the Assembly of the Republic, but the government.
Although the proposals of BE and PCP remained unchanged, Mário Nogueira believes that the final result has been positive. "Even if this year's article retains the same wording as that of Article 19, it already shows that, in the opinion of MEPs, it has not been completed, that is to say that the Decree law with the government's proposal does not respect the spirit of the law.The Prime Minister can not ignore that. "
Now, he points out, if the government does not follow the path laid out by Parliament, it will be up to teachers to show that they "have nails to play the guitar". For the leader of Fenprof, there is another fundamental fact: "The negotiation will fall in the election year and we like to negotiate in the election years". The leader of the FNE, João Dias da Silva, remembers the same thing and thinks that this factor will be enough to change the bargaining attitude of the Ministry of Education.
Although the scenario is less likely, the government can decide to send the decree-law providing for the recovery of 2 years, 9 months and 18 days for Belém to promulgate the President of the Republic in the state. According to the observer, some members of the government defend this solution, although it may not be the path chosen by António Costa. The Prime Minister himself said on Monday night that the diploma would come back to the Council of Ministers, because of the opinions of the autonomous regions, although this does not imply that fundamental changes are made.
Here the question will be timing. For António Costa, decision-making is an important fact on the table. Marcelo Rebelo de Sousa will review the decree law after reviewing the state budget, which should be approved in a global vote on Thursday. The President of the Republic himself confirmed the observer.
Thus, the executive would not need to earn quickly now, sending a document that followed its "normal legislative course" since October, as stated by the Minister of Education, Tiago Brandão Rodrigues, at a hearing in Parliament on the budget. for education.
Teachers, on the other hand, lose with this delay, but they can win later. Since the adoption of the decree-law of October 4, it is expected that teachers will feel restored in their salaries on January 1, 2019. This will no longer happen.
One of the reasons that delayed the sending of the decree-law to Belem was the two opinions to the regional assemblies of the Azores and Madeira. The diploma, in its current form, received a negative rating in both archipelagos.
In Madeira, the negative opinion was unanimous (the regional government led by the PSD was already ensuring the complete restoration of the frozen weather), while in the Azores only the socialists had abstained. In the nine islands, the period 2005-2007 had already been recovered by Azorean teachers several years ago. The PS government of the autonomous region has indicated that it will adopt for the remaining seven years the solution of the government of António Costa.
After reviewing and analyzing these opinions, the diploma should be referred to the Cabinet, as announced by the executive. The Legislative Decree may undergo several changes on the basis of advice received from the autonomous regions and even of what happened during the discussion of the state budget.
If he is sent to Belém and Marcelo is known to look after him only after promulgating the MOE, the president can veto him if he considers that this is going to happen. Against the spirit of the discussion in the Assembly of the Republic. There, the best way forward for António Costa's ministerial team will be to return early by reopening negotiations with the unions.
If it is promulgated, we also know that Left Bloc and PCP will ask for their parliamentary appreciation, in an attempt to bring the diploma closer to the demands of teachers. Joana Mortágua said that if this scenario materializes, the EB will evaluate the next steps. "We will do everything in our power to ensure that the payback period provided by the Legislative Decree becomes the first installment and that in 2019, teachers' salaries will be affected," she said. As for the effects that will be felt next year, the Bloc said that António Costa has no excuse: "The government already had a budget budget for this purpose."
In this scenario, teachers will have more to gain than to lose. They are more likely to feel the recovery of wages as early as 2019 and, depending on what is happening in the House, they could get an immediate gain of two years.
To date, the wording of the Legislative Decree is not known because it does not result from negotiations with the unions, it is a unilateral decision of the government. Although it is known to provide recovery over 2 years, 9 months and 18 days, it is not known if this would happen in one step or in stages.
The rest of the 9 years would be recovered according to the formula found in the consultation.
The last solution Antonio Costa faces is to tear the decree-law and start again. At the present time, it is a scenario that does not occur. This would mean that the government would not risk seeing its degree vetoed, but in the Ministry of Education, the bargaining process should be revived. And in an election year.
From scratch, the proposal can be improved, aggravated or the same. The professors and leftist parties are optimistic, convinced that there is no chance for the government to fail to recover its 9 years. And if so, Mário Nogueira and João Dias da Silva are right when they sing the victory.
On the other hand, since the article from OE no return to complete recovery In time, the government could return to the same arguments of the past: it is only obliged to negotiate time and modalities. In this case, he could convene new business meetings and present exactly the same proposal. Ultimately, it could even be worse than the negotiation to which Parliament is bound would be accomplished. But this scenario is unrealistic, even more on the eve of important electoral acts.
"I can not imagine that the government, in retaliation for Parliament, decided not to give teachers what they had already guaranteed that it would give. That would be unacceptable, it would be a political reprisal. What we are waiting for is that the government take charge of this small part of the quarry recovery as the first tranche and negotiate the rest with the unions, "said Joana Mortágua.
"If the government decided to do something like this, the teachers would not forget it," says Mário Nogueira, who assures that at any time during the election campaign, António Costa would have the teachers on his legs. "We also realize what the PSD does, wants to get out of the PS, but does not commit to anything. Teachers are not stupid and they see everything that's going on. I assure you that during the elections, we will have all that at the door of the schools. Let's have posters to remind us who wanted and did not want to recover the time, which was in favor of municipalization, which was against. In general, most teachers vote within the PS. We know it and the PS knows it. Let's see if it will be like this, "concludes Mário Nogueira.
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