According to Access to Justice, 53 people have been fined after filing appeals before the TSJ for annulment of the Onapre instruction, a document that workers ask to repeal because it deteriorates their working conditions, but that the Political-Administrative Chamber of the Judicial Power, in its sentences number 444 , 445 and 446, declared “nonexistent”
The non-governmental organization (NGO) Acceso a la Justicia reported that by sentences 444, 445, 446 and 447 issued by the Supreme Court of Justice (TSJ) and in which the Onapre instruction was declared “non-existent”, they have left 53 fined between plaintiffs and attorneys and $2,650 payable to the National Treasury.
In the aforementioned opinions, the chamber declared “non-existent” the instrument containing the “Adjustment Process of the Public Administration Remuneration System, Collective Agreements, Special Tables and Strategic Companies” considering that it does not meet the legal requirements to be considered as a “ administrative” or “legal”.
For the Judiciary, the document was not signed by its director, there is no record of when or where it was issued or if it was officially published, so it was ruled that it cannot annul what “does not exist.”
* Read also: University legal consultants will go to the TSJ for a fine on Onapre instructions
In the sentences, released at the end of August —despite the fact that they were ruled at the beginning of the month— the chamber declared “inadmissible” an appeal for annulment filed by at least twenty retired officials and pensioners of the Public Ministry (MP) in who requested to annul the instructions issued last March by the Onapre and in which the Adjustment Process of the Public Administration Remuneration System, Collective Agreements, Special Tables and Strategic Companies appears, reviewed Access to Justice.
An example of the action of the TSJ on the case can be evidenced in the sentences 446 Y 447. In them it was established that the acting parties failed to comply with the extremes of the law, by not accompanying the libel with an original or a copy of the alleged “administrative act”.
The TSJ pointed out that there were other deficiencies, which made the claim inadmissible in accordance with the provisions of article 35 of the Organic Law of the Contentious-Administrative Jurisdiction, which provides as follows: “The claim will be declared inadmissible in the following cases: (…) 4. Not attaching the essential documents to verify their admissibility (…)”.
Instructive Onapre “does not exist”, but “it moves”
On September 6, the rector of the Antonio José de Sucre National Experimental Polytechnic University (Unexpo), Rita Añez, reported that legal consultants from six universities in the country will go to the High Court to consult the reasons and scope of the fine imposed by the Administrative Political Chamber.
For its part, the administrative vice-rectorate of the Central University of Venezuela (UCV) rejected the rulings issued by the TSJ on the Onapre case. He questioned the inexistence of the document that the High Court has alleged.
Through a releasespecifically referred to ruling 445, dated August 11, in which the appeal filed by the rectors of the UCV, the University of Carabobo, the University of Los Andes, the University of Oriente, the UPEL and Unexpo was declared inadmissible.
“After the increase decreed on March 16, 2022, and the president’s announcement about its impact on the rest of the public sector salary tables, the universities received instructions from Onapre on March 22, 2022, to load the payroll under a modification of the percentages and calculations of the salary tables, reducing premiums and eliminating some that had been agreed in the Fourth Single Collective Agreement for the University Sector (IV CCU) due to the effect of the Act dated 07/28/2021 and canceled from 08/01/2021, reducing by nearly 50% the remuneration received by workers and violating pre-existing labor agreements and
collective agreements”, he pointed out.
In the statement, the vice-rectorate says that while for the Administrative Political Chamber the instruction “does not exist”, the Opsu warns that “it moves”.
Taking into account the foregoing, the vice-chancellor’s office emphasizes that the Political-Administrative Chamber declares inadmissible and non-existent what it previously considered sufficient to consider it. “In this way, it dispenses with the real and objective fact constituted by the demands of the Office of Planning of the University Sector (OPSU), based according to them on provisions of the Onapre to process the procedures that make it possible to execute the payments to the personnel that works in Universities,” he adds.
In the statement, signed by Vice Chancellor Amalio Belmonte, it is argued that the salary criteria required by the OPSU for payroll payments are dismissed by the TSJ as a formal administrative act. However, they are imperative for the University Sector Planning Office, which continues with its application.
For the Vice President of the UCV, the fine imposed by the sentence is an unfounded decision. He also asserted that it is intended to restrict the right of every citizen to go to the TSJ to file appeals for annulment of actions that affect his working and living conditions.
«We are in the presence, once again, of the judicialization of university activity, administrative centralization and decision-making by State agencies on the fundamental labor rights of workers, above university autonomy, social justice and the right state, defined exhaustively in the National Constitution”, he pointed out.
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