The Office of the Prosecutor General of the Republic (PGR) sent, on the 26th, to the Federal Supreme Court (STF) an opinion in favor of the end of mandatory union dues. For the PGR, the change brought about by the labor reform, approved last year, is constitutional. A reform that made optional the deduction of one day’s work per year in favor of the category’s union.
The opinion was prompted by the judgment of the validity of part of the changes to the Consolidation of Labor Laws (CLT), which took place on the 29th (see here).
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“The elimination of compulsoriness extinguished the tax nature hitherto conferred by the STF on the union dues, giving rise to the institution of a new type of contribution which, although with an identical title, became a mere patrimonial donation, which does not even obligate the members of the union entity. The absence of a manifestation of will, regarding the collection, constitutes a tacit refusal, in no way altering the legal situation of the taxpayer,” argued the prosecutor’s office.
The return of the mandatory nature of the dues was requested of the STF by dozens of union confederations and federations. The organizations allege that the end of the tax violates the Constitution, as it renders their activities unviable by suddenly extinguishing the source of 80% of their revenues.
End of mandatory union dues may reduce rights
Experts fear that the end of mandatory union dues will reduce labor rights. They debated the matter yesterday, the 3rd, in the Subcommittee on the Statute of Labor, linked to the Human Rights Committee (CDH). The hearing was held one week after the STF had considered the end of mandatory union dues constitutional. The charge became optional as of the labor reform, which came into force in November.
Senator Paulo Paim (PT-RS) stated that there was a financial depletion of the unions. According to him, this creates an enormous imbalance between the representatives of the workers and the employer organizations, putting an end to free collective bargaining.
Praise for the STF decision
In a statement on the 3rd, Senator Ana Amélia (PP-RS) congratulated the STF for having judged the end of mandatory union dues constitutional. For her, the STF was correct in maintaining the text approved by the National Congress, since there is a feeling, among those who paid the dues, that the unions used the money for political activities and not for actions relevant to the workers.
CNI launches proposal to strengthen unions
Unions that prove relevant to companies will have a better chance of facing the challenges posed by the labor reform, which made union dues optional. In order to strengthen associativism, the National Confederation of Industry (CNI) launched, on the 3rd, in Brasília, a proposal to help the entities of the industrial sector to work in a strategic and sustainable manner. Among the suggestions are the diversification of revenues, the provision of services and the expansion of the union base.
The CNI suggests, for example, that the unions form local partnerships to offer members differentiated discounts or advantages with institutions, suppliers or service providers. Together with the state federations of industries, the entities should also hold dialogues with experts to serve companies that wish to deepen their understanding of topics that help them solve specific problems.
According to the president of the CNI, Robson Braga de Andrade, the proposal to strengthen the industry’s unions began to be discussed in 2012, when the possibility of approval of a labor reform became stronger, which occurred in 2016.
“We began to think about how to ensure that the unions had, in addition to the adequate structure to provide service, the possibility of having a spontaneous revenue, committed by the companies in light of the understanding that union life is extremely important for them,” he stated, during the ENAI.
Sources: Agência Brasil, Senado, CNI
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