Senate revokes resolution on state-owned companies’ health plans

Senate revokes resolution on state health plans;  Petrobras (PETR4) and others are harmed
Senator Romário Faria, rapporteur of the project – Photo: Marcelo Camargo/Agência Brasil

On Wednesday (1st), the Senate revoked a resolution by the Executive that limited the contributions of state-owned companies to the health insurance of its employees.

Already approved in the Chamber, the measure revokes the rules on contributions smaller than state-owned companies for the benefit of employees and reaches companies like Petrobras (PETR4) and public banks. That’s because the state-owned companies had the resolution as a basis for reducing the payment of employees’ health plans.

The resolution is from 2018, edited by the then Ministry of Planning, Budget and Management. The text established limits on how much state-owned companies could pay in employee health plans. As part of the payment is attributed to the company and part to the employees, with the measure in force, state-owned companies could decrease their contribution.

To proposal rapporteur of revocation, senator Romario (PL-RJ), the 2018 resolution is illegal and unconstitutional for “unduly restricting the right of employees to health and for violating the acquired rights of workers to maintain the conditions of the employment contract”.

“The personnel of state-owned companies is governed by the Consolidation of Labor Laws (CLT); in this context, the bond is of a contractual nature, so the conditions cannot be changed unilaterally by the employer”, he said Romario, in the opinion.

The senator also pointed out that the limits imposed by the Executive allow the employer to simply declare that it will contribute with a smaller part of the health insurance, without any compensation, compensation or transition for the employee, which for him is unconstitutional.

The case of Petrobras in health plans

In the case of Petrobras, the resolution allowed the state-owned company to reduce the cost of health plans of your employees. The result was a gain of R$13 billion in fourth-quarter 2020 earnings, taking into account future payments as well.

THE senate decision this fourth may force the company to reverse part of the profit made in that quarter.

Petrobras’ participation in employee health plans last year was 70%. It went to 60% this year and would reduce it further to 50% in January 2022.

There is an agreement between the oil company and union entities to maintain the current 60% of the cost of health insurance in case of revocation of the resolution, until a new agreement between the parties.

With information from the Senate Agency.