Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Brazil (Ratification: 1952)

The Committee recalls that in its previous comments it regretted the Government's reply that public employees, even when they are not engaged in the administration of the State, may not negotiate their terms and conditions of employment collectively. In this respect, the Committee requested the Government to indicate the measures that it envisaged adopting to promote collective bargaining for this category of workers.

The Committee takes due note of the Government's indications that the Executive Authority will submit to the National Congress in the near future a draft amendment to the Constitution proposing significant changes in the organization of the State and the terms and conditions of service of public servants, in which a distinction will be made between employees engaged in the administration of the State and other public servants. It is to be hoped that the decisions adopted by Congress in this respect also cover collective bargaining in the public sector.

The Committee hopes that the above amendments will take into account the Committee's comments with a view to encouraging and promoting the full development and use of machinery for voluntary negotiation with a view to the regulation of terms and conditions of employment by means of collective agreements for public servants not engaged in the administration of the State.

The Committee requests the Government to keep it informed of any development in this respect.

In addition, the Committee notes the comments made by the Workers' Union of Water and Sewers of Bahia and by the National Federation of Dock Workers, as well as the Government's replies.