In the last March 01st, 2019, it was enacted the Provisional Measure 873/2019 establishing the prohibition of the discount of the Union Contribution in the payroll and permitting the discount only in case of a previous and express authorization of the employee.
Though the payment of the union contribution was no longer mandatory since the advent of Law 13.467/2017, followed by a posterior validation of the constitutionality of the legislative modification by the Supreme Federal Court, it was verified that some of Unions obtained injunctions in the Justice in order to proceed to the discount of the Union Contribution based in a conventional clause approved in General Assembly.
In this context, the mentioned Provisional Measure 873/2019 clarifies that the facultative contributions or the monthly payment due to the Union, prescribed in the statute of the entity or in the collective union agreement, regardless of the nomenclature, only will be collected, charged and paid based on a previously and voluntary authorization of the employee that participates in determinate economic or professional category, in favor of the Union representative of the same category or profession or, in case of inexistency of an Union, in accordance with the article 591.
The contribution of employee, that previously and expressly authorizes the collection of the Union Contribution, will be exclusively charged by a bank slip or equivalent electronic mode, that will be sent to the residence of the employee or, in the hypothesis of impossibility of receipt, to the company.
Lastly, the provisional measure states the nullity of the rule or normative clause that fix a compulsory or a mandatory to collection of employee or employers, without observation of rules established in it, even that countersigned by Collective Bargain Agreement, General Assembly or another way predict in entity statute.
SAEKI ADVOGADOS remains available to any clarification.