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Date: 13 de September de 2023
Posted by: CPDMA Team

Constitutionality of the Assistance Contribution imposed on non-unionized employees as long as the right to object is guaranteed

Imagem de uma carteira de trabalho com notas de dinheiro ilustrando o pagamento da contribuição assistencial.

The STF, in the judgment concluded on September 11, 2023, in a unanimous decision, considered the collection of the assistance contribution to be constitutional, including from those not affiliated to the union system, provided that the worker is guaranteed the right to object.

The assistance contribution is supported by art. 513 of the Civil Code, subparagraph e, from Consolidation of Labor Laws, which, among the prerogatives of trade unions, lists that of impose contributions on all those who participate in the economic or professional categories or the liberal professions represented. Its establishment has a legal basis in collective standards (Collective Bargaining Agreement or Collective Bargaining Agreement) and its purpose is to fund the activities of the professional category's union, mainly due to its participation in collective bargaining. 

This contribution, however, was challenged before the Supreme Court (ARE 1.18.459 - Topic 935 of the General Repercussion). The dispute arose over the (un)constitutionality of imposing compulsory contributions on non-unionized employees via collective bargaining.

Now, in the judgment concluded on 11/092023, the STF has put an end to the discussion, having considered such a charge constitutional, which, however, must be provided for in a rule or collective bargaining in order for it to be valid.

In effect, the decision has ensured, in part, the restoration of the funding system for trade unions, whose main source of income was reduced with the end of the compulsory union contribution, the former union tax (Law 13.467/2017).

It is essential to note, however, that the contribution cannot be demanded retroactively, otherwise it will make it impossible for non-unionized employees to exercise their legitimate right of opposition.

Labor Law | CPDMA Team

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