Civil servant has pay docked because of strike and says he cannot pay child support

Pedro Paulo Procópio Leite, 31, an administrative agent at the Ministry of Health, went on strike along with many of his co-workers. But when payday arrived he discovered his pay had been docked.

So, he walked over to the Ministry of Planning to complain that he did not get his paycheck and is now behind in child support payments.

It seems that Leite simply walked into the Ministry of Planning building and asked for information. As there was a delay, he just decided to get in an elevator and rode to the 7th floor where the Secretariat of Labor Relations is located. It is this secretariat that is negotiating for the government in the present strike. The distressed Leite told a secretary his problem. She called a guard and he was escorted out.

Acording to the press Office at the Ministry of Planning, docking of salaries (“corte de ponto”) during a strike obeys appropriate legislation, which states that during the period the salary is stopped it is as if the employee’s labor contract has been suspended; in other words, for all practical purposes, the person becomes unemployed. The Ministry of Planning says that complaints should be sent to the employee’s ombudsman (”Ouvidoria do Servidor”).

A spokesperson for the legal Office of the National Confederation of Public Service Workers (“Confederação Nacional dos Trabalhadores no Serviço Público – Condsef”) said the case of Leite was the first of its kind (involving problems with child support) but that the union would get in touch with him and offer assistance.

At least four labor unions have filed lawsuits at the Supreme Court questioning the constitutionality of docking the salaries of striking workers. The unions point out that the strikes have not been officially declared illegal.