Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

Article 12 of the Convention. Further to its previous comments, the Committee notes the Government's statement to the effect that, under both the Constitution of 1988 and the Consolidation of Labour Laws (CLT, section 462), the matters concerning the amount of advances on wages and the corresponding deductions from wages are left to collective labour agreements.

In this connection, the Committee recalls that this provision of the Convention lays down that the maximum amount and manner of repayment of advances on wages should be regulated; that the competent authority should limit the amount of advances which may be made to a worker in consideration of his taking up employment; that the amount of advances permitted should be clearly explained to the worker; and, finally, that any advance in excess of the amount laid down by the competent authority should be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. It points out that by ratifying the Convention, the Government has undertaken to give effect to this Article, among others. The Committee hopes that the Government will take the necessary measures in the near future and provide information on any progress made.