At the end of 2025, the Supreme Federal Court of Brazil issued a decision of significant relevance to labor and union relations in the country, consolidating its understanding regarding the collection of the union assistance contribution from non-unionized employees.

In the ruling published on December 9, 2025, the Court modulated the effects of its decision to expressly prohibit the retroactive collection of the union assistance contribution, preventing the imposition of amounts related to the period between 2017 and 2023.

The Court acknowledged that, during this period, its prevailing position was that the collection of the union assistance contribution from non-unionized workers was unconstitutional, which precludes any subsequent attempt to charge amounts referring to that timeframe.

In addition to prohibiting retroactive collection, the Court consolidated its holding around three fundamental pillars.

The first is the impossibility of charging the union assistance contribution in periods in which the Court itself maintained a consolidated understanding of its unconstitutionality, thereby reinforcing the principle of legal certainty.

The second pillar concerns the guarantee of the free exercise of the right to object. The decision ensures that workers may effectively express their opposition without interference from unions, employers, or third parties, preserving individual freedom and autonomy of will.

Finally, the Court established that the amount of the union assistance contribution must observe criteria of reasonableness and be compatible with the economic capacity of the professional category, preventing disproportionate or abusive charges.

In this context, the decision underscores the importance for companies to remain attentive to any union-related charges concerning prior periods, particularly between 2017 and 2023, as well as to the manner in which union assistance contribution clauses are structured and implemented in collective bargaining instruments.

A proper understanding of this decision is essential for mitigating labor, financial, and reputational risks, especially in situations involving union oversight or administrative and judicial disputes.

PDK Advogados