In line with the Federal Supreme Court’s understanding of the constitutionality of the possibility of collecting trade union contributions, as provided for in the CLT after the reform (Law 13,467/17), on March 1, the President of the Republic issued Provisional Measure 873/2019 thereby changing some of the provisions of the CLT.
Thus, it is forbidden to deduct from the employee’s salary any union contribution or fee, even if it has been countersigned in collective agreement, general meeting or other means provided for in the entity’s statute. The collection can only be made through a bank payment slip, issued directly to the employee who specifically consents to joining the professional category’s union.
“It will be hard for the entities to reverse this scenario, considering the already consecrated position of the STF to protect the constitutional principle of the freedom of association of individuals, contrary, in its literal interpretation, to the existence of a mandatory associative contribution”, stresses Bruno Zaroni, associate of Zaroni Advogados.
The issue will certainly provoke a negative reaction from the trade union entities who, with the new measure, will be obligated to review the ways of maintaining their activities with the fall in revenues.