Federal Supreme Court rules that collection of union support dues from non-unionized workers is constitutional

In a recent decision published on September 12, the Federal Supreme Court (STF) ruled that it is constitutional to charge union support dues to all employees of a given job category, regardless if they are unionized or not.

According to the ruling, dues can be imposed upon workers by collective bargaining agreements, provided that they are given the right to opt out.

This new understanding overrules the previous holding of the Supreme Court, following the judgment of interlocutory appeal (ARE) 1.018.459 in 2017, in which the Justices upheld en banc court that the collection of union support dues from non-unionized workers was unconstitutional.

It should be noted that, as the amounts and frequency of payment of union support dues are not defined by law, each labor union can set its own rules in this regard. As such, it is up to the workers to take part in meetings in order to approve or reject the amounts and frequency set by their unions.

Labor and social security support

Domingues e Pinho Contadores' labor and social security team is always ready to provide employers with guidance on the latest changes in such matters. You can count on our support to remain in good standing: dpc@dpc.com.br.