Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s report.

The Committee recalls that in its previous direct request it referred to Decree No. 908 of 31 August 1993, which restricts collective bargaining for employees in public enterprises and mixed economy enterprises, and makes real increases in wages conditional on certain criteria, such as increased productivity, the distribution of dividends or bringing the overall remuneration of the employees into line with current levels on the labour market. The Committee notes the Government’s indication that: (1) the Decree in question has been tacitly repealed by Decree No. 3735 of 24 January 2001, which establishes guidelines applicable to federal state enterprises; and (2) that, in practice, in accordance with the relevant decrees of the Ministry of Planning, Budget and Management, the ministries responsible for federal state enterprises are issued with the parameters, criteria and indicators to be observed in collective bargaining, particularly with regard to the operations of the enterprise, wage levels in the labour market and the impact of wages on public expenditure. The Committee requests the Government to provide a copy of Decree No. 3735 of 24 January 2001 in its next report.