Reformation by which passed labor legislation has been generating reflections in various areas and segments of business activity. Also, it has also been raising doubts about old practices. One concerns the changes in the collection of trade union contributions. Until the entry into force of the changes, the payment was mandatory. However, with the amendments promoted by Law 13467/17, the scenario became another. But what?

Apparently, the new law is clear for contributions: the discount of the trade union contribution is conditioned to the prior and express authorization of workers and, in relation to employers, is due only for those who opt for their collection.

But since when clarity in the wording of the law is sufficient to ensure legal certainty?

with less than four months of the entry into force of labor reform, they bring in the Federal Supreme Court (STF) at least ten actions of unconstitutionality in which the provisions of Law 13.467 / 17 that have facilted the trade union contribution by workers and employers. Such a situation has been generating an impasse for companies that are on the eve of carrying out the collections of those contributions: On the one hand, the law establishes, to which everything indicates, that the payment of the portion is a college; on the other, the pending of the actions of unconstitutionality in the STF and the positioning of some courts and judges have been causing great insecurity to employers, since the obligation can be restored.

For those who make payment, and for those who opt for non-gathering, the situation raises considerations and evaluations as to the consequences: for the first it may not be possible to refund - and, in an economic context, than ever, care for the use of financial resources, the use of values ​​should always be done safely - and for seconds there may be collection with legal charges (fines, correction etc.).

Attention to all this, and faced with the importance of an in-depth analysis of the reality of each company, Carpena Lawyers has been carrying out specific studies related to the issue and suggests, even if they adopt appropriate legal measures to give greater security and, mainly, reduce employers' labor and tax liability.