Commission approves PL that prevents union from charging contributions

The Senate Economic Affairs Committee approved this Tuesday (3) a bill, PL 2,099/23, which prevents unions from demanding payment of union dues without the employee’s authorization. The text by senator Styvenson Valentim (Podemos-RN) received a favorable report from senator Rogerio Marinho (PL-RN) and is sent to the Social Affairs Committee (CAS).

The project provides that the worker, even if he is a member, must previously and expressly authorize the collection of contributions to trade unions in the economic or professional category. The statement must be in writing and with a copy to the employer. Union and contractor must file the application for at least five years.

The project prohibits sending a payment slip or guide to the employee’s residence or the company’s headquarters, if the worker has already exercised his right not to pay. In case of disobedience, the union is subject to a fine.

Before 2017, the Federal Supreme Court understood that union, federative and welfare contributions had a tax nature and, therefore, were mandatory even for non-unionized workers. With the Labor Reform (Law 13,467, of 2017), the contribution became optional for non-members.

In September, the STF declared the application of the fee to all workers constitutional. However, the Court did not make the necessary adjustments. In the ruling, the parameters for the charge were not defined, which include everything from the expiration date of the new rule to the percentages and criteria for workers’ right to oppose payment.

Since then, practices considered by experts to be exaggerated began to appear on the part of unions. There are high percentage requirements and obstacles to questioning the charge.

When voting on the project, senator Rogério Marinho said he had received dozens of reports of workers being subjected to “obstructions and constraints” regarding their right not to pay the contribution. The opposition leader also cited the case of a union in Sorocaba (SP) which, after a collective agreement, started to deduct 12% of assistance contributions per year from the salary or demand the payment of a fee of R$ 150 from those who do not want to pay the contribution.

“We are witnessing a festival of arbitrary acts committed by some unions, which could be widespread if we are unable to regulate this situation. Salary is food-related funds”, stated Rogério Marinho.

On the other hand, the government leader, senator Jaques Wagner (PT-BA), criticized the impact of PL 2,099/2023 on unions, citing the case of employer unions that receive resources collected compulsorily from the payroll. The union tax agenda has been defended by the government of President Luiz Inácio Lula da Silva (PT).

With information from Agência Senado