Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Migration for Employment Convention (Revised), 1949 (No. 97) - Brazil (Ratification: 1965)

The Committee refers to its previous comments in which it indicated that the Unique Workers Central (CUT) had observed that the working conditions of Brazilian workers recruited by Brazilian employment agencies to work on construction sites in Argentina (La Plata et Quilmes) were very much inferior to those of Argentine workers.

The Committee notes the statement by the CUT supplied by the Government in its report, that it was withdrawing its observation. The Committee recalls the indications in paragraphs 80 to 108 of its general report of 1986 concerning the comments of employers' and workers' organizations on the implementation of international labour standards. It recalls in particular the indication in its paragraph 91 that "once the Committee of Experts has taken note of such comments and any relevant remarks made by the Government, it decides whether any action must be taken on them and makes its own comments".

The Committee also notes the CUT's statement in its letter that the working conditions in this sector, which caused the death of a Brazilian worker, have been improved, thanks to the efforts of the Brazilian and Argentine trade union movements and the commitment of the Brazilian Ministry of Labour. The Committee asks the Government to indicate the measures taken, in the light of Article 3, paragraphs 1 and 2 (steps against misleading propaganda), and Article 7, paragraph 1 (international cooperation between services concerning migration), of the Convention and Articles 3, paragraph 3(b) (recruitment by private agencies), and 4 (free public employment service) of Annex I, which made the above improvements possible. It also asks the Government to provide information on the nature of the improvements.

[The Government is asked to report in detail in 1996.]