March / 2019
It is well known that the Labor Reform Law, in force since November 2017, made the union contribution optional, making it conditional upon prior and express authorization of the employee. Due to loopholes in legislation, many trade union entities have linked this prior and express authorization to general meetings, stating the mandatory payroll deduction in collective bargaining agreements, regardless of individual and written statement of employees.
In an attempt to pacify the discussions, last Friday was published Provisional Measure 873/2019, changing the CLT in the provisions concerning the way of collecting the union contribution.
According to the text of the MP, the union contribution or monthly fee will be chargeable if "prior, voluntary, individual and expressly authorized by the employee", no tacit authorizations are admitted and rules or normative clauses that establish the compulsory collection of employees or employers are considered null and void than by general meeting or collective bargaining.
The forecast is that, if authorized, the collection will be via bank bill, or the electronic equivalent, to be sent compulsorily to the employee's residence or, if it is impossible to receive, to the headquarters of the company. If the worker has not issued an authorization, the ticket is prohibited.
The devices intend to untie and extinguish the discount of any value related to the unions in payroll, as well as pacify that union contribution or monthly payments are the result of previous, express and individual authorization of the worker, to the detriment of all the observed judicial activism.
Actions of unconstitutionality have already been filed by Unions, and the MP will still be debated and approved by the Government, under penalty of loss of validity.
Vernalha, Di Lascio, Mesquita & Associados is at the disposal of its clients for more information on the subject.