Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

With reference to its previous observations, the Committee notes that the Government considers the Convention to be applied, in practice, through the provisions of the legislation in force.

The Committee once again wishes to point out that the aim of Article 2, paragraphs 1 and 2, of the Convention is to ensure that, through the insertion of appropriate labour clauses in public contracts, the workers employed by a contractor and paid indirectly out of public funds enjoy wages and conditions of labour which are not less favourable than those of other workers doing similar work. The additional protection afforded by these labour clauses in public contracts is deemed to be necessary because this category of workers may not be covered by collective agreements and other measures regulating wages, and is often more exposed than others because of the competition between firms tendering for public contracts.

In this connection the Committee notes that under Article 2, paragraph 3, the terms of the clauses to be included in contracts shall be determined by the competent authority, in the manner considered most appropriate to the national conditions, after consultation with the organizations of employers and workers concerned. Such clauses may, for instance, be inserted into public contracts through regulations or other instrument such as an administrative decree, and not necessarily through legislation (cf. Article 4). The Committee again suggests that the Government consider consulting the Office when taking the necessary steps to apply the Convention. It hopes that the Government will soon be able to ensure the conformity of public contracts with the provisions of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]