With early votes, STF validates union contribution
On the afternoon of the 26th, even with the trial suspended, due to a request for examination by Justice Alexandre de Moraes, Justices Edson Fachin and Dias Toffoli voted in advance, following the vote of the Rapporteur, to validate the collection of union contribution fees.
According to the rapporteur, Justice Gilmar Mendes: “the institution, by collective bargaining agreement or convention, of assistance contributions to be imposed on all employees of the category is constitutional, even if not unionized, provided that the right of opposition is assured”. “Revisiting previous understanding and, considering that the assistance contribution defrays the cost of collective bargaining, as well as that its payment faculty would empty the possibility of collective bargaining, changed understanding to declare assistance contributions constitutional.”
The decision preserves the worker’s freedom of association, ensuring the right to opposition as an alternative.
We are back to the past, where workers were rushing to file their letters of opposition and the unions left doubt as to the deadline for filing.
In any case, if the above mentioned decision is maintained, the human resources areas must interact with their employees to guide them to position themselves regarding the maintenance or opposition to the discount of union contributions, whether they are union members or not.
Are you in doubt? Our team of labor lawyers is available to answer your questions!
Juliana Cerullo, (juliana.cerullo@ronaldomartins.adv.br), tel. (11) 99967-3638 and Viviane Marraccini, (viviane.cunha@ronaldomartins.adv.br), tel. (11) 99123-4902, Labor Law Area of RONALDO MARTINS & Advogados.
