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

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

Article 12 of the Convention. With reference to its previous comment, the Committee notes the Government’s reply, according to which an agreement between the worker and the employer or a document as evidence of the advances in question and of the repayments made is necessary to sufficiently protect the workers concerned against the risk of a possible abuse. The Government further states that the absence of such prior agreement or supporting document invalidates any deduction in respect of advance wages, as the payment must be monthly as laid down in section 589 of the Consolidated Labour Law. The Committee is bound to emphasize once again the need for the Government: (i) to regulate the maximum amounts and manner of repayment of advances on wages; (ii) limit the amount of advances which may be made to a worker in consideration of his taking up employment; and (iii) specify in the law that any advance in excess of the authorized amount shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. The Committee asks the Government to communicate in its next report all progress accomplished in harmonizing the national legislation with this provision of the Convention.

Part V of the report form. The Government is requested to continue to provide information on the practical application of the Convention, by communicating, for instance, extracts from reports concerning the national and the regional development programmes, including the Agrarian Reform Programme; the educational programmes, in particular the educational actions taken to combat discrimination, among others.