Centers define rules on contributions and establish possible punishment for “anti-union practices”

The trade union centrals released this Thursday (28) a document with rules on the collection of assistance contributions by unions of unionized workers. The regulation comes after a decision by the Federal Supreme Court (STF) on the subject. On the 11th, the Court validated the collection of assistance contributions for unions through a collective agreement or convention.

In the decision, by 10 votes to 1, the ministers determined that the institution of the charge must occur as long as the worker is guaranteed the right to object. Among the recommendations released by the centers is that “anti-union practices of disinformation or encouraging individual manifestations of refusal to receive a discount, especially when disconnected from the real conditions of collective negotiations and their results through the formalization of collective agreements and conventions, can be punished.”

The entities also determined the prohibition of abusive charges and those that deviate from the standards of reasonableness and proportionality related to the socioeconomic context of the category; that any questions regarding the welfare contribution clause, negotiation or its equivalent, be examined based on the specific framework and, if there is abuse, that it be corrected, without harming the overwhelming majority of entities that conduct themselves in good faith towards protective union action and effective.

Furthermore, the document provides that under no circumstances will opposition to the contribution discount be submitted directly to the company, characterizing, in this case, an anti-union practice; and the implementation of Ombudsman offices by the centers to receive complaints of anti-union practices.

The “Term of Self-regulation of Union Centrals – Tacs negotiating contribution” was signed by the Central Única dos Trabalhadores (CUT), Central dos Sindicatos Brasileiros (CSB), Central dos Trabalhadores do Brasil (CTB), Força Sindical, Nova Central and União Workers General (UGT). Check out the full document here.

See the rules defined by the trade unions:

“a) The decision of the Federal Supreme Court applies to collective negotiations, collective work agreements and collective work conventions that are signed for the composition of a base date or resulting from a negotiation process, subject to the holding and deliberation of assemblies;

b) Assemblies must be called with the guarantee of broad information regarding the agenda to be addressed, including the charging of the negotiation contribution, and promoting the possibility of participation by union members and non-union members.

c) Union autonomy and the entities’ statutes must be observed for the purpose of setting reasonable percentages and values, with limits that do not characterize indirect forms of mandatory membership;

d) That the assemblies are sovereign in the assessment of any collective instrument, the application of which benefits the entire category (collective agreements) or all people employed by the company (collective agreements), affects all companies within the scope of negotiation, forming a uniform instrument for unionized and non-unionized members, when the will will be expressed for its approval and opposition, including that related to the discount;

e) That each union entity must, within its scope of negotiation, offer clarification mechanisms and conditions for expressing the will of union members and non-union members.

f) That anti-union practices of disinformation or encouraging individual manifestations of refusal to receive a discount, especially when disconnected from the real conditions of collective negotiations and their results through the formalization of collective agreements and conventions, may be punished;

g) Under no circumstances should it be permitted to submit an opposition to the negotiation/welfare contribution discount, resulting from collective bargaining, directly to the company, characterizing, in this case, an anti-union practice;

h) That abusive charges are not practiced and that do not comply with the standards of reasonableness and proportionality related to the socioeconomic context of the category;

i) That collective agreements and conventions offer legal security for their application, with the signatory parties committing themselves to their effective compliance;

j) That any questions regarding the welfare contribution clause, negotiation or its equivalent, be examined based on the concrete framework in which the collective bargaining process took place, observing the procedures adopted by the entities, without generalization and, in the event of abuse, that it be corrected, without harming the overwhelming majority of entities that conduct themselves in good faith towards protective and effective union action.

k) That self-regulation procedures are encouraged, avoiding intervention or interference in trade union entities, as provided for in article 8 of the Federal Constitution and Convention no. 98 of the International Labor Organization;

l) That the trade unions, members of the Tripartite Group, established by Decree no. 11.477/23, together with the employers’ bench and the federal government, are in an effort to build regulations to strengthen the Brazilian union system, promote collective bargaining and self-regulation mechanisms that include ways of correcting the system for its greatest reach and broader representation.

m) That the Union Centrals will implement an Ombudsman, to receive complaints of anti-union practices and procedures that are not in line with conduct based on reasonableness and nationally and internationally recognized good practices, defining standardized procedures for taking the necessary measures to correct the identified deviations and punishments for conduct in bad faith.”