STF decides that agreement with union prevails over law

On 06/02/2022, the Federal Supreme Court (STF) finalized the judgment of Theme 1046, which discussed the possibility of an Agreement (or Collective Agreement) with the employee union to restrict labor rights that are not provided for in the Federal Constitution.

By majority vote (7×2), the STF signed the following thesis on the subject:

“Collective labor agreements and conventions are constitutional, which, when considering the negotiated sectoral adequacy, agree on limitations or removal of labor rights, regardless of the explanation of compensatory advantages, provided that absolutely unavailable rights are respected”.

The STF decided that agreements with unions prevail over the law

The STF’s position, therefore, determines that unions can negotiate any right that is not considered absolutely unavailable, respecting the minimum level of labor rights guaranteed in the Federal Constitution and registered in article 611-B, of the CLT, such as minimum wage, vacation , 13th salary and others.

Based on the decision rendered by the STF, companies and unions can sit at the negotiating table with greater legal certainty, establishing rules and rights that are specific and meet the company’s needs.

If your company needs more information on the subject, please contact info@drummondadvisors.com

Written by Daniel Rangel, Senior Associate at Drummond Advisors

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