According to the Court, there is no representation in a union created based on the number of employees; the majority follows rapporteur Toffoli
O STF (Supreme Federal Court) defined this Wednesday (May 29, 2024) that unions of micro and small companies, with up to 50 employees, do not have representation. The Court dismissed an appeal and established the understanding that the number of employees does not define a professional or economic category for the creation of this type of workers’ association.
The action was filed by the Simpi (Micro and Small Industry Union of the State of São Paulo), which contested a ruling by the TST (Superior Labor Court) and discussed, consequently, the right to receive union contributions.
By majority, the Court followed rapporteur Dias Toffoli and rejected the appeal. Minister Edson Fachin was defeated.
Toffoli understood that the union does not represent an economic category and, therefore, not entitled to union contributions. For the minister, the concept of professional or economic category based on the number of employees is not supported by the Federal Constitution.
Fachin opened a divergence by recognizing the union representation of small companies. He understood that micro and small companies have the right to “associativism with an economic foundation” and one being defended by a union.
The minister also said that the principles of freedom of association and union unity must be interpreted.
THESES
According to the President of the Court, Luís Roberto Barroso, 3 theses were proposed that coincided in their content.
In addition to Toffoli, ministers Flávio Dino and Luiz Fux produced understandings. The thesis collaborated by Dino and Toffoli was accepted by the Court.
Here’s what was fixed:
- “In compliance with the principle of union unity, provided for in article 8, item 2 of the Constitution, the number of employees or any other criterion relating to the size of the company does not constitute an element capable of supporting the definition of economic or professional category for the purposes of creating unions of micro and small businesses.”
This report was written by journalism intern Bruna Aragão under the supervision of assistant editor Isadora Albernaz.
#Micro #small #companies #union #representation #STF