The Court of Appeal declared illegal the establishment of a minimum service for the strike by the Union of All Educational Workers (Stop), affirming that “the right to strike can only be sacrificed to the minimum necessary”.
In a decision from Wednesday, published by Stop this Friday, the judges of the 4th Social Section of the Court of Appeal of Lisbon (TRL) overturn the decision of the Court of Arbitration to establish minimum services for strikes by teachers and non-teachers. few days in February.
On Thursday, Lusa reported a similar ruling by the same court regarding the March 2 and 3 teachers’ strikes called by a platform of nine trade union organizations that appealed the arbitration court’s decision.
In the decision concerning the termination of the strike, the TRL confirms that “the right to strike can only be sacrificed to the minimum necessary”. In the case of the education sector, “it is limited to final grades, examinations or tests of a national character, to be taken on the same day throughout the country.”
However, the judges understand that this circumstance does not occur, therefore, “it is illegal to establish minimum services.”
Stop reacted in a statement, believing that the judgment “represents a victory over the authoritarianism and arrogance of this Department of Education and government.”
This decision can still be appealed by the Ministry of Education to the Supreme Court. The Minister of Education acknowledged this Friday that this hypothesis is being evaluated, but the government is yet to analyze the regulations.
From early February, schools were required to provide the minimum services originally requested by the Ministry of Education in response to an indefinite “Stop” strike that began in early December.
The arbitral tribunal ruled in favor of successive guardianship applications, with the exception of a strike over ongoing assessment tests called by the same union, as it considers that these tests are not critical to student achievement in school or access to university education.
Author: Portuguese
Source: CM Jornal
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