Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Brazil (Ratification: 1969)

With reference to its previous comments, the Committee notes the information supplied by the Government. The Committee notes that the report does not contain observations on the comments submitted by the Confederation of Industry and the National Confederation of Industrial Workers, which were transmitted to the Government on 23 November and 18 November 1987, respectively. The Committee urges the Government to transmit with its next report the observations that it considers appropriate concerning the comments submitted by the above organisations.

Article 12 of the Convention. With reference to its previous comments, the Committee notes that the Office of the Adviser on International Affairs will issue an opinion that section 462 of the Consolidation of Labour Laws will have to be amended by the addition of three paragraphs, to establish that: (a) the advances that can be received by a worker in order to induce him to accept a job shall not exceed three months' wages; (b) if the above sum is in excess of three months' wages, the worker will not be obliged to reimburse the employer the advances in excess of this amount; and (c) monthly deductions in respect of advances on wages cannot exceed 25 per cent of the gross wages of a worker. The Committee points out that Article 12 also lays down that the manner of repayment of advances on wages received by the worker shall be regulated. The Committee hopes that the Government will take into account this latter provision of Article 12 when putting forward the amendments referred to in the report. The Committee also hopes that the Government will take appropriate steps for the competent bodies to amend section 462, thereby giving effect to the comments that this Committee has been making for many years.