On the last 13th, Complementary Law 226/26 was enacted, authorizing states and the Federal District to retroactively pay the remuneration benefits that had been frozen during the Covid-19 pandemic, from May 28, 2020, to December 31, 2021. The law resulted from the approval of PLP 143/2020 in the Federal Senate, with a wide majority, and represents an important advance in recognizing the rights of public servants.
The new law provides for the possibility of paying benefits such as annual bonuses, triennial bonuses, quinquennial bonuses, one-sixth of salary, premium leave, and equivalent mechanisms, as long as the federative entity had declared a state of public calamity due to the pandemic and has the budget to cover the amounts. The law also preserves the fiscal autonomy of states and municipalities, which may decide when and how to make the payments according to their financial situation.
The measure is seen as particularly important by education workers, a category that saw these rights suspended precisely while they were on the front lines of educational activities in a context of exceptional challenges.
For lawyer and education law specialist Amarildo Santos, the new law is a significant step for the class. “This law corrects an important distortion. During the pandemic, many teachers continued to work under very difficult conditions, having to reinvent themselves, without their rights related to length of service being counted or paid,” reports the lawyer.
“The authorization for retroactive payment of these benefits represents not only a legal recognition but also a gesture of respect for the education professional who dedicated themselves entirely to the training of students during one of the most challenging periods our society has faced,” he points out.
The new legislation establishes formal authorization for the payments, as well as reinforcing the principle of valuing public servants in Brazil.
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