Rights

State public servants
Security - Civil / Military
IPERGS -Saúde/Previdência
Illegal's contribution rate of 14% of IPERGS - PACOTARSO
Articles 11 and 12 of the Complementary State Law No. 13.757/11 and 13.758/11 (Pacotarso), are unconstitutional. Judge Mauricio Duarte Alves, the 11 th of the Treasury of Porto Alegre considered that the increase in rates set confiscation, among other illegalities. (Source: www.tjrs.jus.br , Proc. 11102745791, 11102885917 and 70045262581 ADI)
The inactive RS military, even after the term of the State Law 12.065/2004, are exempt from social security contributions, due to the injunction granted in ADIN 70010738607.
In this regard: (AC 700 012 349 213, Source: www.tjrs.jus.br)
"Unconstitutionality of the incidence of social security contributions at a rate of 5.4% on pensions from the Constitutional Amendment No. 20/98, in relation both to beneficiaries of the general welfare, as supported by the state and local systems."
Salary Adjustment - State Law 10.395/95
Brito Law (10.395/95): the servers are entitled to payment of the last two installments of 19% to 33% unpaid.
* DAER
* Teaching
* General Framework
* Technical and Scientific
* Civil Police, except Delegate
* Symphony Orchestra P. Cheerful
* Prison, except at higher
* Health and environment (for staff at the elementary and middle)
Targeted actions to the Magisterium State Public
Wage Policy on the Installment Autonomous - The members of the Magisterium of the State Public notice monthly values corresponding to an independent branch. Law 10.395/95 determined the adjustment in the percentage of 81.43% on an independent branch, however, such an increase has never been allowed in practice to the state teachers. That difference must be sought in the court system is significant, because the percentage on that plot. Importantly, recently noted the lack of adjustment on the portion of administrative autonomy, which justifies the admission of new shares even for the firm's clients who have managed to court the partial increase (23.28%), changing our original orientation.
Bonus Director - Salary Policy - Servers built with gratification of direction or have the gratification of perceived direction over the past five years, may seek judicial salary corresponding to the difference of 19% bonus, according to Law 10.395/95.
Exemption from income tax and social security contribution on the Third of Homes - The court has determined the return of income tax and social security contributions levied on the third holiday, requiring the filing of action to pursue those values.
Return of Income Tax allowance calculated on the Permanence - The court has determined the return of income tax allowance calculated on the residence. Servers that can realize permanent allowance filing the suit, seeking a refund of tax wrongly deducted.
No Licenses Award-Squirting - Servers that over his working life, had published award licenses, but they could not enjoy them, the court may seek compensation for the period of leave, after his retirement or resignation. You only need to pay attention to the fact that such action may only be filed or dismissed by retired employees and up to five years after such retirement or resignation.
Delayed Promotions / Server State
In the last five years the State Government issued promotions to various categories, but failed to pay their remuneration differences between the date that should have been granted and the date of actual payment.
Compensation for Readjustment not granted.
In 1988 there was a change in the Federal Constitution which was provided to all servers in an annual adjustment (art. 37, X). Without the adjustment action for damages lies for every year that did not take the review of remuneration. Thus stood the E. STF on ADINs default 2061/99 and 2481/01.
Gratified Corporate Function
In recent years the function Gratified Incorporated did not have the same increases the basic salary. It happens that the IGF should receive the same salary adjustment granted on the basics. It pleading the last five years (differences).
Food stamps - RESET
Replacement is due in the purchasing power of food stamp servers as the judiciary has decided Gaucho in line as STF. (Source: www.tjrs.jus.br , 1.09.0061796-2)
Revisional INSS
ORTN / OTN (16/06/77 to 04/10/88, index 72.4%)
- Retirements by Age
- TS / Contribution
- Special
- Rural
IRSM (03/94 to 02/97, 39.67% index)
- Retirements by Age
- TS / Contribution
- Special
- Rural
- Invalidity
Revisional / Redequação / Ceiling
Retirees who have contributed 20 minimum wages can review their benefits.
* Change the ceiling to 10 Minimum 1988;
Retirees who have had their benefits paid less than the ceiling set by EC No 20/98 and 41/03.
(Beneficiaries who have had their salaries limited to R $ 1,081.50 per month in 1998, and $ 2,400 in 2003)
* Readjustment to the new Ceiling: EC 20/98 and 41/03.
Documents Required: ID number, Statement of Payment, Benefit Letter of Award)
PS. change in the ceiling should appear on the Letter of Award "limited benefit to the ceiling"
Review of accident assistance
If you notice less than 01 can review the minimum wage income to fit it to the national minimum, as decided by the Supreme Court. (SR 169,665, Source: www.stf.jus.br )
* ACTION AGAINST THE APPLICATION OF SOCIAL SECURITY FACTOR IN THE CALCULATION OF RETIREMENT.
Documents Required: ID number, Statement of Payment, Letter of Award benefit.
Moral Damage / Claims
Medical malpractice, aesthetic damage, humiliation, sexual harassment, improper registration SPC / SERS.
