Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Brazil (Ratification: 1965)

In its previous comments, the Committee noted the observations submitted by the National Confederation for Industry and the National Confederation of Industrial Workers which were transmitted to the Government in letters dated 23 November and 18 December 1987 respectively, so that it could make such comments as it deemed appropriate. Since the Government has not yet transmitted its comments, the Committee hopes that it will communicate them in the near future.

The Committee also noted the Government's statement that the labour legislation was in the process of being revised and that provisions to give effect to the Convention would be taken into account during the revision. Accordingly, the Committee asked the Government to indicate the measures adopted or envisaged to ensure that full effect is given to the Convention. Since the Government has not submitted a report for the fourth consecutive time, the Committee has no information on the progress achieved in this respect. The Committee recalls in this connection that merely applying the national labour legislation to all workers - as is the case in Brazil - is not sufficient to ensure the application of the Convention which provides that all public contracts (as defined in Article 1, paragraph 1(c), of the Convention) must include a clause ensuring to the workers concerned wages and other conditions of labour which are not less favourable than those established for work of the same character, by some of the means provided for in Article 2, paragraphs 1 and 2, of the Convention. The Committee recalls that this does not mean simply that there shall be a contractual obligation to pay wages and provide other conditions of labour in accordance with the minimum wage established by legislation, or by collective agreements if they are already applicable to the undertaking concerned. Rather, it means that if an undertaking performing work under public contract is not, for example, bound by a collective agreement but pays wages at the legal minimum, it would be obliged to pay wages at the established rate. This rate might be defined, inter alia, by reference to the collective agreements applicable to other workers of the same type, or by a survey of the generally prevailing wage rates in that area (Article 2, paragraphs 1 and 2).

The Committee hopes that the above-mentioned revision of the labour legislation will be able to take account of these considerations, and in view of the exchanges which have taken place concerning the provisions of the Convention during a number of years, the Committee again suggests that the Government may wish to ask the International Labour Office for assistance before finalising any draft text it may draw up in this connection. The Committee hopes that the Government will supply information on the measures taken to give effect to the Convention. [The Government is asked to supply full particulars to the Conference at its 77th Session.]