MPT may question discount on contributions from non-union members

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The Public Ministry of Labor (MPT) has the power to propose action in defense of homogeneous individual rights, which includes questioning salary deductions made as a welfare contribution for employees who are not affiliated to a union. This understanding was adopted by Subsection I Specialized in Individual Disputes of the Superior Labor Court to reject the appeal of a trade union against the recognition of the legitimacy of the MPT to question the discount. TST Minister Alberto Bresciani recognized the legitimacy of the MPT to act in the case In , the MPT filed a public civil action to request that the Union of Employees of Autonomous Agents in Commerce of Rio Grande do Sul (Seaacom/RS) refrain from establishing the mandatory assistance contribution, through an agreement or collective labor convention, also the unaffiliated workers, except with express and prior individual authorization. The union, in its defense, maintained that, in this case, there is a specific group of workers that the Public Ministry intends to protect, which are non-member employees who do not wish to contribute.

Within this group, "the rights that are Greece Phone Number theoretically violated, such as the right to freedom of association and salary intangibility, are not trans-individual or indivisible, but individual rights of employees, which can be individualized and individually exercised". This thesis was rejected by the lower court, by the Regional Labor Court of the th Region (RS) and by the th Panel of the TST, which led the union to file an embargo on SDI-, also without success. The rapporteur, Minister Alberto Bresciani, considered that, in addition to constitutional norms, Complementary Law / gave the Public Ministry the legitimacy to propose public civil action in defense of constitutional, unavailable individual, homogeneous, social, diffuse and collective rights.



For the minister, the case deals with homogeneous individual rights, which concern a group, category or class of determined or determinable people who share divisible losses, of common origin, normally arising from the same factual circumstances. According to the minister, the MPT's intention is aimed at specific people, whose losses or potential losses result from the same fact, which is the inclusion of a clause in collective bargaining providing for the duty of assistance contributions also for non-member employees. "The common origin makes us presume the uniformity of the genesis of rights", argued the rapporteur, for whom, even if it is available, there is social relevance in the protected right, which justifies the MPT's action, in accordance with several TST precedents. The decision was by majority, with ministers Breno Medeiros and Maria Cristina Peduzzi partially defeated. With information from the TST press office.