In an interview, the minister reaffirmed the new model of contribution to unions, with a ceiling and deliberations in assemblies
The Minister of Labor and Employment, Luiz Marinho, again denied this Wednesday (23.Aug.2023) that the return of the union tax is being discussed in the government. He defended that the debate involves, in fact, a “reorganization” of the structure of the unions in the country and the way in which they are articulated in order to be able to finance their activities.
“What is possible is to create a mechanism by law in which the parties may, when negotiating or providing a service [do sindicato] for their workers or employers, establish the possible contribution of those contemplated to maintain the cost of union activities”said Marinho in a radio interview CBN.
According to the minister, the government awaits conversations between the classes to determine the ceiling that will limit the maximum contribution to unions. A new meeting is scheduled for September 5th.
“I hope they build an agreement within reason so that we can chance it. If we have a disagreement, we will take a path between one and the other and arbitrate to have a position”, stated.
Values agreed at meetings
As it is, the draft of the project presented by trade union centrals sets a ceiling of up to 1% of the worker’s annual income, with payroll deduction. The exact values of the contributions will be defined in the assemblies of each category, as long as they do not exceed the ceiling.
In practice, whenever a labor claim –like a pay raise or food stamps– is put on the agenda, the financial contribution to the union will be part of the negotiation.
Questioned about the low adherence of workers and employers to union assemblies, Marinho said that the measure may once again give value to meetings.
“If the unions abuse, obviously the Public Prosecutor’s Office, society and the media will stimulate this debate. The ideal is for workers to value and participate, for the reasonability and transparency of the agenda”he pointed out.
THE UNION TAX
The union tax was extinguished in 2017 with the approval of the labor reform, implemented during the former president’s government Michel Temer (MDB).
Before the new CLT rules came into effect, revenue reached R$ 3 billion for unions, federations, confederations and centrals. It dropped to BRL 65.6 million in 2021. In the 1st half of 2022, it was BRL 53.6 million. There is no way to know how much these entities will earn, but this is the possible amount they should try to recover after the losses imposed by Michel Temer’s reform.
The contribution had been in force since 1940 and was deducted from the worker’s remuneration once a year, in the amount of 1 normal working day. Today, people have the option to contribute if they wish.
The matter is discussed in court. In 2018, the STF defined that the tax would not be mandatory. The Metallurgist Union of Greater Curitiba filed embargoes of declaration (a type of appeal) in the action against the decision, which are now being analyzed by the magistrates. In August 2020, the action was brought to trial in the virtual plenary.
Minister Gilmar, who is the rapporteur of the case, rejected the request presented by the union (here’s the full – 75 KB). At the time, his understanding was followed by former minister Marco Aurélio Mello, and Dias Toffoli asked for a highlight – when the case is taken to the physical plenary, which occurred in June 2022. Minister Roberto Barroso asked for a view – more time for analysis – and the case was resumed again in virtual plenary.
Gilmar changed his understanding in the analysis of the case in the STF by the virtual plenary, in a session that started on April 14, and opened the way for the validity of the contribution (here is the full text of Gilmar’s vote – 75 KB). The case is paralyzed by a request for review (more time for analysis) by Minister Alexandre de Moraes.
In general, in other countries, the opposite occurs: workers demonstrate their intention to contribute to the union. Only then do they pay a fee. If the vote of Gilmar Mendes prevails in the STF, in Brazil it will be the opposite: the fee will be created and the worker will have to remember and inform in advance if he does not want to contribute.
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