The first session of the trial of the action that the former commander of the Volunteer Firefighters of Ferreira do Alentejo has already been scheduled. (AHBVFA) moved against the institution, due to lack of subsidy payments, not paid in the months of vacation.
The hearing of the parties is scheduled for the 10,00 hours of the next day 29 November in the Labor Court (JTB) of the Court of the District of Beja. Until the trial, the parties can reach an agreement and avoid appearing before the magistrate.
The Lidador News (LN) revealed last Tuesday that in the case António Gomes demands from AHBVFA the amount of 7.774,04 euro, regarding the Availability and Command allowances that should have been paid during the vacation period, in conjunction with this subsidy.
António Gomes, which passed to the association's roll of honor on the day 6 December 2021, revealed to LN that “after knowing that I was entitled to receive these subsidies, I went to the Authority for Working Conditions (ACT) that confirmed this reality for me”, adding that he met with the direction of the firefighters that “in the face of an opinion from his lawyer, justified they would not pay me anything, hence having advanced to court”, concluded.
Turn, Vitor Roque, president of the Ferreira do Alentejo Fire Department, justified that the matter was handed over to the institution's lawyer "and it is he who, objectively, understands that there is no room for reimbursement of the amounts claimed”, adding that being “the court to decide on the fairness of the lawsuit”, justified.
To be given reason to the former commander, this may be a decision that will make jurisprudence and lead to many of the former and present operatives of the chain of command of the firefighters of Portugal Mainland and Islands to file lawsuits to receive the Availability and Command subsidies..
What does the law say
The decision is based on No. 2 of article 264, of the Labor Code, approved by Law no. 7/2009, February 12th, which refers to the remuneration of the vacation period in addition to the salary and the vacation allowance, “the worker is entitled to other remuneration benefits that are a consideration for the specific way of performing the work, corresponding to the minimum duration of vacations”, as is the case of the Availability and Command subsidies you received monthly, with the exception of the vacation period.
Teixeira Correia
(journalist)
