In March, the Superior Labor Court (“TST”) accepted a proposal to initiate an incident resolution of repetitive demands, ensuring uniform understanding of the same legal issue. This will define the manner, timing, and appropriate place for non-unionized employees to exercise their right to oppose the assistance contribution payment.

Until the judgment is finalized, Brazilian companies are advised to pay special attention to clauses regarding the payment of the assistance union contribution to avoid non-compliance liability.

In September 2023, the Supreme Federal Court (“STF”) ruled on the constitutionality of bargaining contributions, also known as assistance contributions. In a shift from its previous stance, the STF upheld the extension of assistance contributions to non-union members, provided that such contributions are stipulated in a collective agreement or convention and the right to opt out is guaranteed.

Thus, companies and employees who wish to opt out of the contribution must formally express their objection through a letter to the union or by following the procedure outlined in the collective bargaining agreement.