Bill establishes new model on trade-union organization

30/01/2009 05h05

The Bill 4430/08, proposed by the Deputy Tarcísio Zimmermann (PT-RS), establishes a new regulation for all trade-union organizations, both urban and rural. The main elements of the bill are:

- freedom of association for unions and sovereignty of the basis in their affiliation to federations, confederations and union centers;
- guarantee of equality in unions’ elections for all candidates and also for candidates of the local labor representation;
- democratic rules for financial support;
- broad access by the unions and by their represented to information regarding their union entity;
- strengthening of union centers, and maintenance of the basis of union power in the hands of the unions;
- guarantee of non-intervention by the State into the union organization

Union contribution
The bill provides for the substitution of the so-called union tax, with a value which is determined by law, for a union contribution with a value deliberated by the General Assembly of the unionists.

The assembly should also decide about which union entities of superior degree – federations or confederations – should receive part of the contribution.

As a transition rule, it is established that both systems will be accepted for a period of three years, and each union should, in a general assembly, define its adhesion to the new system. After adopting it, the union will not be allowed to use the former union tax.

Anachronic legislation
"The prevailing rules of union organization, essentially, come from a time in which society was much less complex; they come from before the technological revolution, the deregulation, the restriction of labor rights, of the outsourcing and of other more precarious ways of contracting”, argues the congressman.

The deputy explained that the bill values collective negotiation – “the main foundation of union entities”. Meanwhile, the bill recognizes the union centers.
According to the bill, those union centers will gradually be financed by union contribution, in so far as the assemblies of unions approve that new formula.

The bill intends to increase the representativity of the union movement, by guaranteeing full freedom of association, including among entities, and through the discussion and voting of bills on the negotiation and contribution by all members of that category.

“Whatever is the change in labor ordainment, the right to noteworthy labor should be their main worry”, affirms the deputy. The bill links the outsourced worker to the union of the main professional category in the company, no matter his contracting form.

Procedure
The bill will be analyzed in conclusive character by the Committees on Labor, Administration and Public Service; on Finances and Taxation (including regarding its merit); and on the Constitution and Justice and Citizenship.


Report - Luiz Claudio Pinheiro
Editing - Newton Araújo
Translation - Positive Idiomas Ltda