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How are union relations after the labor reform?

How are union relations after the labor reform?

Written by Cláudia Regina Klinguelfus . 06 . 02 . 2019 Published in Articles

The rule in Brazil is one of single trade union, that is, each category of work has only one union representing the employees, and one representing the the companies, on a territorial basis.

Unions work to ensure better working conditions in companies, creating benefits through collective labor agreements or collective-bargaining agreements and “overseeing” the employment relationship.

Act No. 13467/2017, known as labor reform, in its articles 545, 578, 579, 582, 583, 587 and 607, withdraws the obligatoriness of the payment of the union dues both by the company and by the workers.

The Federal Supreme Court (STF) concluded that the reform, at the point that exempts the contribution, is constitutional, that is, is valid.

Therefore, the employee can only suffer the discount if he requests to the company.

The main source of income of the Unions was the compulsory dues paid once a year by the employee on the value of a day’s work, with the end of the obligation, much of the revenue ended.

Some alternatives have already been created by the Unions, such as, for example, that the decision of the majority of the workers in the Assembly, to vote on the payment of the dues, is valid as authorization provided for in said law for the discount; also, some collective agreements after the reform are restricting rights, guaranteeing benefits only to employees who have chosen to collect the dues (union or associative); others are stating that by not paying the contribution the employee is waiving any and all rights provided in the document, including representation of the category.

Quite questionable solutions that deserve caution and a legal and political evaluation of the company.

It is too early to know whether the restrictions imposed by some Unions will be valid or illegal.

It has been observed a great difficulty of the companies with the Unions to negotiate collective-bargaining agreements, for an example, of comensatory time, compensation of bridge days and profit sharing.

Some Unions are refusing to negotiate if the company has not deducted the union dues from the employees, others are charging fees from the company to supply the missing revenue.

Every day there is a novelty!

Companies should seek dialogue as well as common sense to solve conflicts with Unions, pondering the good of the workers and of the company, always respecting the legal provisions.

It is clear that union relations have changed, or rather, are changing, and companies must be prepared to negotiate.