Camila Vieira Guimarães
Lawyer at Marcos Martins Advogados
Although Law No. 13,467/2017, known as the “Labor Reform”, changed the mandatory nature of union dues, both for employers and workers, to merely optional, union centrals throughout Brazil have instructed their members to approve the collection of union dues by voting at an extraordinary meeting, and some labor judges have ruled that the respective dues should remain mandatory.
However, such conduct makes Law No. 13,467/2017 a “dead letter”, given that articles 545 and 579 expressly condition the deduction of union dues from employers and workers on their prior authorization.
In this way, the omission of the worker does not authorize the deduction of the respective contribution, since the legal text requires their authorization and cannot be replaced by a decision taken by third parties in a class meeting.
This practice also constitutes a direct violation of Article 8, V of the 1988 Federal Constitution, which states that no one is obliged to join or remain a member of a trade union.
The maintenance of compulsory union dues is supported by the theory that the changes brought about by the Labor Reform would be unconstitutional and illegal. In addition, there is also the convenient understanding that union dues are of a tax nature (parafiscal) and that, therefore, any changes should be made by means of a complementary law, under the terms of art. 146, III, “a” and “b” of the 1988 Federal Constitution.
However, it is worth noting that Law No. 13,467/17 did not prohibit union dues, but only made their deduction conditional on the worker’s express authorization. Therefore, there is no need to consider the supposed unconstitutionality of the labor reform, and it is correct to make the dues owed to unions by participants in economic or professional categories or liberal professions conditional on prior and express authorization, under the strict terms of the aforementioned articles 578 and 579.
The importance of union representation in the Brazilian legal system as an instrument for promoting and defending the rights of workers and employers is undeniable; however, using illegal means and refraining from applying valid and legal rules in an attempt to compulsorily deduct union dues from employers and workers goes against the principle importance of trade unions.
Since union dues are an instrument for raising revenue, union leaders must “win over” their members, providing benefits and effective actions in defense of their members’ interests, to the extent that they feel represented and spontaneously authorize the respective deduction, which is not a merely compulsory obligation, but one with a clear interest in the contribution to support and guarantee union activity in defense of the interests of the category.
Reinforcing its commitment to providing legal services with excellence, Marcos Martins Advogados is available to accompany extrajudicial and judicial proceedings involving discussions on the applicability of the legislative changes brought about by the Labor Reform, considering the various innovations and improvements that directly influence the business routine and, if properly applied, present significant results in resolving conflicts and reducing costs.
