Bill on fine to companies for gender discrimination is approved in the Senate
The House Bill 130/2011, approved by the Plenary of the Federal Senate on March 30, 2021, follows the presidential sanction. The text inserts in the labor...
It is worth remembering that before Law nº. 13,467 / 2017 employers were required to make a discount on their employees' payroll.
Minister Cármen Lúcia decided, last week, the Precautionary Measure in Complaint 34.889 / RS involving the subject of union contribution, in which a private company filed an appeal to suspend the decision of the Eighth Panel of the TRT of the 4th Region, arguing the violation of precedent set by the STF in the judgment of Direct Constitutionality Action no. 5794 / DF, in which it was understood that union freedom (art. 8, caput, CF / 88) presupposes worker autonomy, thus, membership must be interpreted in the light of the Constitution as a faculty, declaring, therefore, the constitutionality of the Labor Reform regarding the extinction of the mandatory payment of union contributions.
It is worth remembering that before Law nº. 13,467 / 2017 employers were required to make a discount on their employees’ payroll, in the amount of one day’s work, as a union contribution, which after the change in the rules of labor law was subject to prior authorization and expressed by the workers, that is, it is no longer a compulsory but an optional contribution (art. 578, CLT).
Understand the case: the union filed a Public Civil Action against the private company claiming the incidental declaration of unconstitutionality of the Labor Reform to recognize, among others, the obligation of the legal entity under private law to proceed with the discount corresponding to the union contribution, regardless of employee authorization. In the first instance, the action was dismissed. TRT-4 granted the Union’s Ordinary Appeal to “recognize the authorization given by the category in a class assembly as valid and effective”, determining the private company to collect the union contribution.
In this sense, the controversy decided by Minister Cármen Lúcia is summarized in the question that if the authorization granted by the general assembly of the category, convened by the union, would replace the need for the individual authorization of the employee, as established by the new wording of art. 578 of the CLT, for the purpose of collecting the union contribution. Thus, Minister Cármen Lúcia acknowledged noncompliance and divergence regarding the precedent set out in ADC 5794, granting the precautionary measure to suspend the effects of the judgment issued by the TRT of the Fourth Region.
It is observed, therefore, that once again the autonomy and freedom of the worker prevailed in choosing or not to join such entities, according to the constitutional text, consolidating the legal security in the interpretation and application of Law no. 13,467 / 2017 when understanding that the prior, voluntary, individual and express authorization of the employee cannot be replaced by a decision of the general meeting.
Wilson Sales Belchior – Graduated in law from UNIFOR, specialist in Civil Procedure from UECE, MBA in Business Management and Master in Law and Conflict Management at UNIFOR. He also has a short course in conflict resolution at Columbia Law School in the United States. At the same institution he participated in an advanced research series. Lecturer, university professor in postgraduate courses in different states and author of several articles and books, published in magazines, newspapers, news portals and publishers of national circulation. Federal Advisor of the OAB (2013-2015). Vice-president of the National Corporate Advocacy Committee of the OAB Federal Council (2013-2015). Member of the National Bar Association Commission of the OAB Federal Council (2010-2012). Member of the Artificial Intelligence Coordination of CFOAB (2018). He is currently elected Federal Counselor for the 2019-2021 term.
The House Bill 130/2011, approved by the Plenary of the Federal Senate on March 30, 2021, follows the presidential sanction. The text inserts in the labor...
The RE 999.435 / SP in which Theme 638 of the General Repercussion is discussed (need, or not, of prior collective bargaining with the workers' union...