Brazilian Supreme Federal Court Concludes Judgment on the Collection of “Assistencial Contribution” from Non-Union Employees

In November 2025, the Brazilian Supreme Federal Court (“STF”) resumed the judgment of Theme 935 and unanimously decided to restrict the collection of the assistencial contribution from employees who are not union members, to prohibit retroactive payments prior to the

Court’s ruling, and to ensure that the right to object may be exercised freely and without external interference.

The debate concerning the assistencial contribution had remained pending since 2023, when the Court held that collective bargaining agreements or conventions may lawfully establish assistencial contributions applicable to all employees within the relevant category—regardless of union membership—provided that employees are guaranteed the right to object. However, questions persisted regarding the proper exercise of that right and the possibility of retroactive collection, generating legal uncertainty for both employers and employees.

In November 2025, when defining the temporal effects of its decision, the STF unanimously established the following principles:

Justice André Mendonça further emphasized that the most effective means of safeguarding employee autonomy is not merely ensuring a subsequent right to object, but rather requiring prior, express, and individual authorization. According to the Justice, the mere convening of a union assembly—particularly by an entity to which the employee does not belong—does not provide sufficient notice, transparency, or understanding of the legal consequences of the deliberation and therefore does not constitute valid consent for payroll deductions.

Currently, the model most commonly used by unions establishes a specific deadline for employees to submit objections to the deduction, frequently requiring a handwritten letter delivered in person at the union’s premises. Under the STF’s recent decision, such procedures must be relaxed to ensure that employees have meaningful and ample conditions to exercise their right to object, free from formal obstacles or restrictive deadlines that could limit or impede their manifestation.

The STF’s ruling reinforces, therefore, the protection of individual employee freedom vis-à-vis labor unions, restricts the indiscriminate collection of assistencial contributions, and sets stricter criteria for their validity. The decision also provides greater legal certainty for employers, who

will not incur retroactive liabilities and will have clearer parameters to determine when they must—or must not—perform payroll deductions and remit the amounts to unions.

FAS Advogados remains available to provide further clarification and to assist with the adoption of preventive measures, as well as with the proper handling of any situations related to this matter.