PRIOR AND EXPRESS AUTHORIZATION FOR PAYMENT OF UNION CONTRIBUTION PROVIDED IN LAW No. 13.467/2017
Abstract
Law nº 13.467/2017, known as Labor Reform, brought various legislative changes in the Consolidation of Labor Laws (CLT), and more than legal change the new law impacted models and now requires new positions of the parties involved in labor relations. Among the various modifications is the abolition of compulsory union contribution, which, therefore, is no longer mandatory and became optional, the payment of which is conditional on the prior and express authorization of those who participate in a particular economic or professional category, or a liberal profession. Much has been discussed about the constitutionality of the legal amendment, however, the Supreme Court (STF) declared constitutional change. From then on, union entities and other entities began to defend the possibility of prior authorization and expresses being collective and not individual. This article aims to analyze the issue from a legal point of view and manifest the impossibility of replacing individual authorization by collective.
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