Brazil has done with the ” Rand formula “

Photo AFP

Michel Kelly-Gagnon

Wednesday, August 2, 2017 10:07

UPDATE
Wednesday, August 2, 2017 10:09

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A small earthquake has recently gone unnoticed in the trade union world. Brazil, a country known for its labour laws very restrictive, is preparing to implement a major reform.

Among the changes, the working hours will now be more flexible; there will be less restrictions on part-time work; the workers will be able to separate their vacation days (they are currently forced to take a block of at least 20 consecutive days); they will also be able to take only a half hour to eat if they so desire, in lieu of the mandatory time, among others.

This is for the Brazil is a good news story. The unemployment rate is over 13 %, and the economy needs a boost after a recession that lasted three years. The country is also a dunce for what is the ease of doing business, ranking 123rd in the world rankings.

But the most important change, and without a doubt that it will be noticed the most in Quebec, remains the abolition of the compulsory payment of union dues. Brazilian workers, who had to pay these amounts, regardless of whether they were or not members of the union (this is what is called here commonly the ” Rand formula “). So, from now on, the payment of trade union dues will be on a voluntary basis. This means that, in Brazil, unionized workers covered by a collective agreement will decide for themselves whether they support it financially or not their union. It is a good news as regards the respect of freedom of choice and contractual freedom of the workers.

In Quebec, freedom of association remains one-way. Even if the freedom of non-association is in principle recognized in the labour Code, the worker of a company where a union is present remains subject to the plan and must pay contributions, which are deducted automatically from his paycheck, and what he chooses to be a member or not of the certified union.

Brazil is not obviously the province of Quebec. Brazilian law of the work are abundant and complex, and the environment in quebec to the businesses is generally considered to be much more favourable.

But, the image of Brazil, the labour laws of Quebec would benefit also of a serious dusting : the current labour Code was adopted under the liberals… Jean Lesage, in 1964. The bias towards the collective regime, and against the freedom of choice of the workers, most probably does not have his reason to be in 2017. Workers should be treated as adults capable of reason, and the unions should be a little more accountable to them. The abolition of the Rand formula, or, at least, his better coaching, would of course be welcome.

Brazil has shown the way. The government of Quebec should take note.