Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Dock Work Convention, 1973 (No. 137) - Brazil (Ratification: 1994)

1. With reference to its previous comments, the Committee notes the Government’s detailed report received in November 2002. The Government indicates that the Manpower Management Agency (OGMO) has registered around 30,000 dockworkers (17,000 workers registered and 13,000 workers inscribed in the cadastro), most of whom are concentrated in the port of Santos (11,000 workers). The Government has maintained the functions of the Special Group for the Roving Supervision of Dock Labour (GEFMPT) and the Special Unit of the Labour Inspectorate for Ports and Waterways with a view to ensuring compliance with the applicable national legislation (and particularly Acts Nos. 8630 of 1993 and 9719 of 1978). A permanent core of 60 labour inspectors has been created in 17 ports for the inspection of the conditions of work, safety and health of dockworkers. The Committee notes with interest the efforts made by means of dialogue between the Government and the social partners to improve the application of the Convention.

2. Articles 2 and 5 of the Convention. With reference to its 1999 observation, the Government indicates in its report that the principal obstacle to ensuring that all dockworkers are assured minimum periods of employment or a minimum income is the surplus labour supply existing in ports. The Committee notes with interest that a solution to the problem is being negotiated in a national tripartite commission established as a result of the Southern Cone Project, an ILO technical assistance project for the countries of the Southern Cone of Latin America in the context of the programme for the follow-up of the 1998 Declaration on Fundamental Principles and Rights at Work and its Follow-up, in relation to freedom of association. The objective of the project was to improve industrial relations in the port sector by implementing a national tripartite plan of action (see paragraph 89 of the 2002 General Survey). The Committee notes the reports of the tripartite meetings of 20 February and 19 March 2002 and requests the Government to continue providing information on the results achieved in a tripartite context to give effect to the Convention.

3. The Government also indicates that the social partners have encountered difficulties in making progress in the negotiations. For the employers, a reduction of teams with a view to lowering costs is an essential condition for making progress in the negotiations. The workers’ organizations are subject to pressure in view of the great surplus of labour supply. In this context, the Government refers in its report to Bill PL-6021/2001, submitted in December 2001, intended to establish general standards for the creation in organized ports of programmes to promote the retirement and abolish the registration or inscription (cadastro) of occasional port workers (trabalhadores portuários avulsos). The Committee understands that the Executive Authority withdrew the above Bill in December 2002. The Committee therefore hopes that the Government will continue providing detailed information in its next report on the tripartite efforts made to overcome the difficulties that are being experienced in the port sector, including information on the progress achieved within the framework of the Integrated Programme for the Modernization of National Ports (PIMOP) (Part V of the report form).