ILLEGITIMACY OF THE COMPULSORY DISCOUNT OF THE ASSISTANCE CONTRIBUTION ON THE EMPLOYEE'S REMUNERATION WITHOUT PRIOR AUTHORIZATION: AFFRONT THE CONSTITUTION

Abstract

The 2017 labor reform was the most expressive change in current labor legislation, causing changes in employment relationships and labor justice. Highlighted the change in the union contribution that became optional, before it was mandatory. Threatening the source of funding / funding for the structure and strengthening of union entities. Awakening a déjà vu, since the assistance contribution, which was also mandatory and that for decades was surrounded by controversies about its legitimacy or illegitimacy, regarding its collection. The fact is that for years on end the assistance contribution was automatically / compulsorily deducted from the workers' wages, regardless of prior authorization, or even, regardless of issuance affiliated to the union, with the support of a convention or collective, which would supposedly comply with the wording of the article 513, item “e”, of the CLT. The misinterpretation of the verb “impose” the aforementioned legal provision caused the compulsory discount of the contribution, an error that remained for decades, and this injustice with workers has only recently been corrected. After residual legal demands, through the judgment of ARE 1018459 in 2017, the right to impose contributions was declared unconstitutional, regardless of union membership, as it does not have a tax nature, thus, the imposition of the assistance contribution to non-members, even which appears in an instrument of collective agreement or convention, violates the principle of freedom of association with the union and also the wage protection system. It is salutary to inform that the decision has been attributed the general repercussion to the theme.

KEYWORDS: Assistential contribution; compulsory; unconstitutionality; freedom of association; general repercussion.