LUSA 11/14/2024

Lusa - Business News - Portugal: Union claims no workers designated for minimum services

Lisbon, Nov. 13, 2024 (Lusa) - The Pre-Hospital Emergency Technicians' Union (STEPH) said on Wednesday that INEM has not designated who should provide the minimum services, which were only proposed for the night shift in the pre-notice.

"The law says they have to be designated. They have to be identified. Since [the INEM mail] was sent at 3.57 p.m., three minutes before the 4 p.m. shift, it no longer affected the morning shift. Strictly speaking, not even for the afternoon shift, because if someone lives on the south bank and receives an email three minutes before the shift starts, how can they comply?" said the STEPH president.

Rui Lázaro also explained that, as the National Federation of Independent Trade Unions in the Public Administration and Entities with Public Purposes (Fesinap), which declared the strike on 4 November, does not have a collective labour agreement, "the minimum services that prevail are those in the notice, which was [the equivalent of] the night shift during the holiday period".

According to the notice, the proposal for minimum services was for several workers "equal to that which ensures that the night shift operates on Sundays during the normal holiday season".

Since the strike notice proposed the equivalent of the night shift during the holiday period - he added - "if INEM didn't agree, it should have informed the Directorate-General for Administration and Public Employment" so that the parties could reach an agreement and the arbitration council could then define them, which didn't happen.

He explained that, by law, the union is responsible for defining the workers who must fulfil the minimum services up to 24 hours before the strike. If the union fails, the employer must designate the workers, "which also didn't happen".

"They can even create a list of workers who have to fulfil the minimum services and send out a general email," he said, adding: "They can even call in people off duty."

What happened was that "INEM only sent an email during the strike, three minutes before the shift started, and didn't designate the workers," he said.

Rui Lázaro also said that "it should have been the middle managers" who learnt about the strike and assigned the workers.

Speaking in parliament on Tuesday, the Minister of Health said that she expects the General Inspectorate of Health to make an "in-depth assessment" of whether the minimum services were complied with during the INEM strike and that everything possible was done.

"The information we have is that everything that could and should have been done was done," Ana Paula Martins told MPs, when asked whether or not the minimum services were decreed and complied with.

The minister also said that "at least one of the eight-hour shifts did not meet the minimum services, due to a lack of human resources".

On 4 November, delays in answering calls at the CODU were aggravated by the coincidence of two strikes: the civil service strike by Fesinap and the overtime strike called by STEPH.

These service failures are allegedly linked to the deaths of 11 people. This situation has already led to the opening of seven inquiries by the Public Prosecutor's Office, one of which has already been closed. General Inspection of Health Activities (IGAS) also has an ongoing inquiry.

SO/ADB // ADB.

Lusa