Projeto de Lei prevê que o trabalhador poderá se opor ao pagamento até por e-mail ou WhatsApp
POR BIANCA MINGOTE – AGÊNCIA BRASIL 61
O Projeto de Lei (PL 2.830/2019), quesimplifica a recusa do pagamento da Contribuição Sindical pelo trabalhador, está pronto para ser votado pela Comissão de Constituição e Justiça (CCJ) do Senado Federal. O relator, Rogério Marinho (PL-RN), destacou no Parecer que a oposição ao pagamento será simplificada, podendo ocorrer até mesmo via e-mail ou mensagem instantânea, como por WhatsApp, além de pessoalmente, desde que por escrito.
O texto original, apresentado pelo senador Styvenson Valentim (PSDB-RN) em 2019, reduzia de 45 para 15 dias o prazo para execução de dívidas trabalhistas. No entanto, na CCJ, a proposta ganhou do relator Rogério Marinho dispositivos para regulamentar a possibilidade de recusa da Contribuição Assistencial devida a Sindicatos.
Marinho ressaltou no voto que o Supremo Tribunal Federal (STF) definiu como constitucional a cobrança até mesmo de não sindicalizados, desde que assegurado o direito de oposição. Apesar disso, o parlamentar destacou no relatório a ausência de regras claras de como exercer esse direito.
Ele defendeu, ainda, que as normas propostas no PL devem propiciar segurança jurídica para que os trabalhadores, inclusive os membros não associados, tenham o direito individual de oposição respeitado.
A proposta já foi aprovada pela Comissão de Assuntos Sociais (CAS). Em Plenário, recebeu uma emenda do senador Paulo Paim (PT-RS) para retirada da emenda apresentada pelo senador Rogério Marinho. A emenda foi rejeitada na CAS.
Agora, o Projeto aguarda votação na CCJ do Senado.
Reforma trabalhista e cancelamento de Contribuição Sindical
A reforma trabalhista aprovada em 2017 extinguiu o Imposto Sindical, tornando a contribuição facultativa. No entanto, em 2023, o Supremo Tribunal Federal (STF) autorizou a cobrança de uma Contribuição Assistencial pelos Sindicatos, inclusive dos trabalhadores não-filiados. Além disso, a Corte decidiu que o trabalhador precisaria manifestar expressamente que não gostaria de ter o desconto.
Após a decisão, diversos trabalhadores tiveram dificuldades para se opor ao desconto pelo país – com relatos de prazos curtos e horários de atendimento inoportunos, exigindo o comparecimento pessoal e cobrando taxas indevidas, conforme defendeu Rogério Marinho. Para ele, os Sindicatos têm criado dificuldade para que os trabalhadores exerçam o direito de oposição.
Foto: Marcello Casal jr/Agência Brasil
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