The management of Ricardo Nunes (MDB) decided to impose a fine on the 18 public transport concessionaires whose employees partially or completely interrupted their activities this Tuesday (9). Contacted, the union which represents the companies has not yet responded.
According to the Municipal Transport Secretariat (SMT), operators will be fined 500 SPTrans fares (R$2,500) per day per vehicle that stops operating. There will also be an additional fine of R$7,500,000 for each dealer in case of breach of contract.
There are no further details on the fines or when this will actually happen, a definition that still depends on an administrative procedure.
According to the town hall, the measure arises from the non-payment of “salaries or social charges which result in the cessation of its employees, as well as the failure to inform the granting authority about an unusual situation which resulted in the cessation of the contracted services”.
The shutdown of public transport affected 3.3 million passengers and interrupted traffic in part of the capital São Paulo.
The interruption came from the drivers themselves, to protest against the delay in the payment of their 13th salary.
Experts said Leaf Tuesday evening, this decision could be considered illegal.
The law which regulates the right to strike, provided for by the Federal Constitution, provides that the movement must be approved in assembly and communicated to the competent body at least 72 hours in advance in the case of essential services.
This did not happen during this Tuesday’s movement, when drivers abruptly stopped their service in the afternoon to protest the delay of their 13th salary.
“The strike imposed “outside the framework” by the drivers, without gathering and without communication, constitutes an abusive and irregular strike, likely to be declared illegal by the judiciary,” says lawyer Luís Felipe Vicente Pires, prosecutor of the municipality of Bauru, in the interior of São Paulo, and specialist in public law.
The strike without prior communication, according to the government of Ricardo Nunes, “seriously violates the legislation”.
The strike only ended on Tuesday evening, after a meeting between the Emedebista government and public transport concessionaires.
“We commit to all business owners who have a transportation service concession in São Paulo to honor and pay the 13 (salary) of their employees on the 12 (Friday),” Nunes said.
The representative also declared that the company which did not respect the agreement would be subject to proceedings the next day to have the contractual forfeiture recognized, the practical consequence of which is the unilateral termination of the contract.
The meeting, which included 12 representatives from the bus companies and two from the drivers’ union, took place at the town hall in front of two large screens with images from the Smart Sampa program cameras that showed empty bus terminals and streets.
Notified dealers
- A2 Transportation
- Environmental
- Campo Belo
- Express
- Black cat
- Gatusa
- KBPX
- Mobibrasil
- Movebuss
- Nova Paineira
- Fishing
- Sambaiba
- Saint Bridget
- Pass through
- Transunion
- Via South-East
- Viação Grajaú
- Metropolitan Transport
About The Author
