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

Collective Bargaining Convention, 1981 (No. 154) - Brazil (Ratification: 1992)

The Committee notes the information supplied by the Government in its report and recalls that its previous comments referred to the following matters:

Article 1 of the Convention. Taking into account the fact that in Brazil the principle of collective bargaining is not applicable to public servants (articles 7 (XXVI) and 39(2) of the Constitution), the Committee requested the Government to indicate the measures and any procedures that it intended to adopt, in accordance with Article 1, paragraph 3, of the Convention, to encourage collective bargaining by employees of the public administration.

In this respect, the Committee notes the Government's statement in its report that employees in the public administration are prevented from engaging in collective bargaining, in accordance with a decision of the Supreme Federal Court, which declared unconstitutional section 240(d) of Act No. 8112/90 (single legal status governing public servants), which provided for the right of public servants to bargain collectively. The Committee also takes due note that the Executive Authority will shortly submit to the National Congress a draft reform of the Constitution, proposing significant changes in the organization of the State and in the conditions of service of public servants, in which it will make a distinction between officials engaged in the administration of the State and other public servants. According to the information provided in the report, it is to be hoped that the decisions reached by Congress in this respect will also cover collective bargaining in the public sector.

The Committee expresses the firm hope that the forthcoming amendments will make it possible for employees in the public administration to negotiate collectively their terms and conditions of employment, particularly in the case of public servants not engaged in the administration of the State, taking into account the comments made by the Committee in the context of Convention No. 98, which has been ratified by Brazil. The Committee requests the Government to provide information in this respect.

Article 5. The Committee requested the Government to indicate the specific measures taken so that collective bargaining is made possible for all the groups of workers to whom this Convention applies, including workers in the private sector and employees in the public administration, in respect of all the matters referred to in Article 2 of the Convention.

In this context, the Committee takes due note of the legal measures reported by the Government, both as regards the Constitution and Consolidation of Labour Laws, to encourage the utilization of collective bargaining to resolve labour issues, as well as the practical measures adopted to promote collective bargaining in the country. In particular, the Committee takes note of the establishment of sectoral chambers of tripartite composition in which matters related to terms and conditions of employment are discussed, as well as the promotion by the regional delegations of the Ministry of Labour of round-table negotiations between workers and employers to resolve individual and collective disputes.

Articles 6 and 8. The Committee notes that the Government's report does not contain a reply to its comments on the matters raised in its previous direct request concerning recourse to compulsory arbitration and the declaration by the authorities that collective agreements are void.

In this respect, the Committee noted the existence of provisions in the legislation allowing the public authorities to intervene in the collective bargaining process and to declare void collective agreements which have been concluded and arbitration awards (section 623 of the Consolidation of Labour Laws, as amended by Act No. 5584, of 26 June 1970, Legislative Decree No. 229, of 28 February 1967, and Decree No. 1632, of 4 August 1978). The Committee recalls that, except in the case of essential services, the imposition of compulsory arbitration when the parties do not reach agreement, as well as the declaration by the authorities that collective agreements freely agreed upon by the parties are void, is incompatible with the principle of free and voluntary negotiation of collective agreements established by the Convention. In this respect, the Committee requests the Government to inform it of any measure taken so that the legislation permits workers and their organizations to conclude collective agreements freely and voluntarily without interference by the public authorities.

The Committee once again requests the Government to indicate the progress made in the adoption of Bill No. 1232-A/91 respecting collective bargaining, to which it referred in its previous report, and to transmit the text of the above Bill when it has been adopted.