Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Wage Fixing Convention, 1970 (No. 131) - Brazil (Ratification: 1983)

The Committee notes that the Government’s report replies only partially to its previous comments. It must therefore repeat its previous observation which read as follows:

In its previous comments, further to the observations made by the National Union of Labour Inspectors (SNAIT) to the effect that the Government did not comply with the obligations set out in Article 4, paragraph 2, of the Convention to consult the representative organizations of employers and workers on the adjustment of the minimum wage, the Committee requested the Government to indicate the consultations which were conducted prior to fixing of the minimum wage by the Provisional Resolutions, specifying the organizations of employers and workers which were consulted and the outcome of the consultations. The Committee also requested the Government to indicate the measures taken or contemplated to ensure prior and effective consultation of the organizations of employers and workers concerned in decisions relating to minimum wages, in accordance with Article 4, paragraph 2.

The Government reiterates the information given in its previous report to the effect that representative organizations of employers and workers are consulted and heard constantly, but that the final decision concerning the index is the responsibility of the executive authority after analysis of the impact on the public finance because of the consequences regarding unemployment benefits and allowances for needy and disabled persons. The Government also indicates that, in fixing the amount of the minimum wage it takes into account the basic needs of workers and their families. It also recalls that it consulted employers’ and workers’ representatives in various forums and tripartite committees.

The Committee requests the Government to indicate the employers’ and workers’ organizations that have been consulted in the aforementioned tripartite forums and committees.

Lastly, the Government indicates that the trade unions can negotiate a basic wage through collective bargaining or arbitration, and this basic wage constitutes a form of minimum wage payable to categories of workers represented by a trade union organization which is party to a collective agreement providing for such a basic wage. This wage is a minimum wage payable to a particular category of workers, as opposed to a general minimum wage applicable to all categories of workers.

The Committee notes this information and requests the Government to provide information in its future reports on the effectiveness of the procedures for consulting employers’ and workers’ organizations for fixing the minimum wage. The Committee hopes that the Government will provide, in accordance with Article 2, paragraph 1, of the Convention, read in conjunction with Article 5 and point V of the report form, general information on the application of the Convention in practice, in particular: (i) changes in the minimum wage in force; (ii) available statistics on the number and categories of workers covered by minimum wage regulations, particularly those covered by minimum wages fixed by collective agreement; and (iii) the results of inspections carried out (for example, violations observed, sanctions imposed, etc.).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.