The Public Employment Framework Law, n. º 10159, and its unequal relationship in the freezing of salaries of public employees hired prior to its entry into force

Abstract

Summary The recent entry into force of Framework Law n.º 10,159 on Public Employment complements the exceptional measures of the Law for the Strengthening of Public Finances, which determined, through the provisions relating to the fiscal rule, a parameter related to the level of indebtedness equal to or greater than sixty per cent of the Gross Domestic Product (GDP). The main purpose of this norm, which entered into force on March 10 of this year, is related to aspects related to the equality of conditions of workers who perform the same functions at the professional level, and thus seek welfare through equal pay. This must necessarily generate a transition process that respects the previously established working conditions of workers who, at the entry into force of this law, have a consolidated legal situation. Among the changes of greater discussion is the freezing of the remuneration that has been receiving civil servants who, at the entry into force of the Framework Law on Public Employment, have a compound salary higher than the overall salary of the category to which they correspond, as well as the restriction of payment of salary increase to the base for cost of living. in response to the levels of indebtedness set by the fiscal rule. This study aims to provide objective elements of analysis to contribute to the necessary national dialogue of the authorities or public opinion, and thus guarantee a transition of norms, respectful of fundamental rights, in addition, with a flat path that allows it, to balance the salary remuneration of public officials, as part of a gradual and reasoned process that guarantees legal certainty and at the same time equity of working conditions without generate an indefinite impoverishment of the purchasing power of public sector workers.