Dória wants to oblige Fundação Casa servants to

Published by the government of São Paulo, last September 20, Normative Ordinance 367/2021 determines that workers of the Foundation Center for Socio-Educational Services for Adolescents (Fundação Casa-SP) will be compulsorily transferred to other units of the entity, from the next Monday (4), according to the needs of the Palácio dos Bandeirantes.

Workers who talked with the Brazil in fact reported that the displacement to the new workplace can reach up to 397 kilometers. This is the case of Luana Silva (fictitious name), who will have to work at the Franca unit, in the interior of São Paulo.

“I live in ABC Paulista (for security reasons, the city will not be revealed) and I work at the Raposo Tavares unit. Between my home and work, it’s 1:30. To get to Franca, it’s 5 hours on the road, there’s no way to get there and back in the same day. My husband works in São Paulo, (João) Doria (PSDB) wants to separate my family”, laments the server, quoting the state governor.

The normative ordinance, signed by the president of Fundação Casa, Fernando José da Costa, who accumulates the position of secretary of justice in the state, he says.

“The transfer due to the need of the administration will be used in situations where it is not possible to meet the need for personnel, from the place of destination of the transfer.”

The day after the regulation was published, the servers started to receive e-mails from the São Paulo government notifying them of the transfer of work place.

Elisabete Dias, a psychologist who works at the Brás unit, also received the statement and will have to present herself at another Fundação Casa headquarters, in Cerqueira César, 300 kilometers from her home, in the east side of São Paulo.

“That guy [Fernando José da Costa] will take me out of my contact with my family. This is already making me sick. I’m not sleeping well, my diet is altered and so is my sleep. How do I go to a place I don’t know and don’t even want to go? No one at the center where I work knew this would happen. We knew we would have changes, but not send it where Judas lost his boots. All managers were taken by surprise. This guy is a lunatic, crazy, a psychopath”, said Dias.

“More than a hundred”

Next Friday (1st), the Union of Workers in Public Foundations for Social-Educational Assistance to Adolescents Deprived of Liberty (Sitsesp) will have a conciliation hearing, mediated by the Regional Labor Court (TRT), with the government of São Paulo , to try to reverse the regulation and guarantee stability to the entity’s employees in their current jobs.

According to the president of Sitsesp, Cláudia Maria de Jesus, “more than one hundred” workers have already received notification that they will be transferred and that they must appear, on October 4, at the headquarters to which they were transferred. The leader defends that the government of São Paulo carry out a public examination to guarantee the occupation of all the jobs in the interior.

“The union is against it, we don’t think it’s fair, it’s inhumane. It is complicated for people who live in São Paulo or Greater São Paulo to move to inland cities such as Franca, Atibaia, Bauru or Sorocaba. People have a family structure in São Paulo and suddenly receive an e-mail saying that as of October 4, the servers should move to these centers”, says Jesus.

Normative Ordinance No. 367, of September 20, 2021. / Socio-Educational Service Center Foundation for Adolescents

:: Read the full normative::

In the Legislative Assembly of the State of São Paulo (Alesp), deputy Carlos Giannazi (PSOL) announced that, among other measures, he will present a representation so that the regulation is overturned.

“It’s inhumane, it’s an ominous ordinance, that one. She is implementing a real terrorism, among the servants of Fundação Casa. I have already activated two commissions here at Alesp, summoning the president of Fundação Casa to testify. This afternoon, I’m going to sue the Public Ministry against this ordinance. They are going to send hundreds of people to the interior of the state”, concludes the deputy.

Brasil de Fato contacted the Department of Justice and Fundação Casa.

Fundação Casa clarifies that it has instituted a Normative Ordinance to regulate the transfer of public servants, as required by the Administration, among the possibilities of changing staffing positions and as a means of rationally using its human resources.

The employment contract of the employees of the House follows the Consolidation of Labor Laws (CLT) and provides for this possibility. The then candidate took a public examination for a macro-region, attended on admission, and, upon signing the employment contract, the civil servant submitted to all the clauses.

The transfer by Management’s need will only be used if the other three existing means are not sufficient to meet the need for personnel at the destination. At this time, of the 11 thousand existing servers, only 77 will be transferred to centers that need to rebuild staff.

The Ordinance has objective criteria for transferring: it will only occur to a server whose place of origin has an excess frame (or less delay); the employee has not been compulsorily transferred in the last two years; and the one with the shortest effective exercise time.

The transfer is provisional, for a period of one year (extendable for another one), and with receipt of an additional 25% on the base salary, in accordance with the legal provision of paragraph 3 of article 469 of the CLT.

Currently 121 socio-educational centers operate in 47 cities. To rationalize the use of public resources, due to the budget crisis caused by the Covid-19 pandemic, since 2020, the Foundation has undergone a restructuring: it suspended the operation of 23 socio-educational centers in 13 cities and reduced the number of regional divisions from 11 for eight.

For at least three years, there has been a drop in the service provided by Fundação Casa: on December 27, 2018, there were 7,625 adolescents assisted; on July 30 of this year, the number dropped to 5,090, down 33.2%.

Edition: Anelize Moreira

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