LEI NO. 12,994, OF June 17, 2014

Changes the Law No. 11,350, from 5 of October 2006, to institute national professional wage flooring and guidelines for the career plan of Community Health Agents and Agents of Combating Endemias.

A CHAIRWOMAN OF THE REPUBLIC

I do know that the National Congress enacts and I sanction the following Law:

Art. 1º Law No. 11,350 of October 5, 2006, it passes on the increased vigour of the following articles:

" Art. 9º-A. The national professional wage floor is the value below which the Union, the States, the Federal District and the Municipalities will not be able to fix the initial maturity of the Community Health Agent and Agent Combat Carrets to the Endemias for the journey of 40 (forty) weekly hours.

§ 1º The national professional wage floor of the Community Health Agents and Agents of Combat to Endemias is set at the value of R$ 1,014.00 (thousand and fourteen reais) monthly.

§ 2º The work journey of 40 (forty) hours required for salary floor warranty provided in this Act should be fully dedicated to actions and services of health promotion, epidemiological surveillance and combat endemics in benefit of the families and assisted communities, within the respective territories of acting, according to the assignments provided for in this Act. "

" Art. 9º-B. (VETADO). "

" Art. 9º-C. In the terms of § 5º of the art. 198 of the Federal Constitution, it is incumbent upon the Union to provide supplementary financial assistance to the States, the Federal District and the Municipalities, for the fulfillment of the wage floor of which it treats art. 9º-A of this Act.

§ 1º For the purposes of the provisions of this article, it is the federal Executive Power authorized to set in decree the parameters regarding the maximum amount of agents liable to hire, depending on the population and of the local peculiarities, with the aid of the supplementary financial assistance of the Union.

§ 2º The maximum amount of which treats § 1º of this article will consider so only the agents effectively registered in the month before the respective financial competence that finds themselves in the strict performance of their assignments and submitted to the work journey fixed for the granting of the wage floor.

§ 3º The value of the supplementary financial assistance of the Union is set at 95% (ninety five percent) of the wage floor of which it treats art. 9º-A of this Act.

§ 4º The supplementary financial assistance of which it treats the caput of this article will be due in 12 (twelve) consecutive installments in each financial year and 1 (one) additional instalment in the last quarter.

§ 5º Until the edition of the decree that it treats the § First of this article, the prevailing standards for financial incentive repasses by the Ministry of Health apply.

§ 6º For the purpose of the provision of assistance supplementary financial that it deals with this article, the Union will require local SUS managers to substantiate the direct link of Community Health Agents and Agents of Combating Endemias with their respective federative, on a regular basis formalized, as per the legal regime that comes to be adopted in the form of the art. 8th of this Law. "

" Art. 9º-D. Financial incentive is created to strengthen policies affecting the acting of community health and combat endemic agents.

§ 1º For the purposes of the willing in the caput of this article, it is the authorized federal executive branch to be fixed in decree:

I-parameters for granting the incentive; and

II-monthly value of the incentive per federative ente.

§ 2º The parameters for granting the incentive will consider, as often as possible, the peculiarities of the Municipality.

§ 3º (VETADO).

§ 4º (VETADO).

§ 5º (VETADO). "

" Art. 9º-E. Met the provisions of this Act and the respective regulatory standards, the resources of which treat the arts. 9º-C and 9º-D will be passed down by the National Health Fund (Funasa) to the health funds of the Municipalities, States and Federal District as current, regular, automatic and mandatory transfers under the provisions of the art. 3º of Law No. 8,142, of December 28, 1990. "

" Art. 9º-F. For purposes of ascertaining the limits with personnel of which it treats the Supplementary Act No. 101 of May 4, 2000, the mandatory supplementary financial assistance provided by the Union and the passed repayment as a financial incentive that comes into being used in the payment of personnel will be computed as spending of federative ente personnel benefitted by the transfers. "

" Art. 9º-G. The career plans of Community Health Agents and Agents to Combat Endemias should comply with the following guidelines:

I-parity pay of Community Health Agents and Agents of Combat to the Endemias;

II-definition of goals of the services and the teams;

III-establishment of progression and promotion criteria;

IV-adoption of models and evaluation instruments that meet the nature of the activities, ensured the following principles:

a) transparency of the evaluation process, ensuring the assessed knowledge about all steps of the process and on its end result;

b) periodicity of the evaluation;

c) contribution of the server to the achievement of the service's objectives;

d) suitability for occupational contents and actual working conditions, in a that possible precarious or adverse conditions of work do not prejudice the assessment;

and) right of recourse to the higher hierarchical instances. "

Art. 2º The art. 16 of Law No. 11,350 of October 5, 2006, passes the vigour with the following essay:

" Art. 16. It is vetted the temporary or outsourced hiring of Community Health Agents and Agents to Combat Endemias, save on the hypothesis of combating epidemic outbreaks, in the form of applicable law. " (NR)

Art. 3º The responsible authorities will respond for the disservice of the provisions of this Act, pursuant to the Decree-Law No. 2,848 of December 7, 1940 (Criminal Code), of the Law No. 1,079 of April 10, 1950, of the Decree-Law No. 201 of February 27 of 1967, and of Law No. 8,429, of June 2, 1992.

Art. 4º (VETADO).

Art. 5º This Law comes into effect on the date of its publication.

Brasilia, June 17, 2014; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

José Eduardo Cardozo

Guido Mantega

Arthur Chioro

Miriam Belchior

Luís Inácio Lucena Adams