Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Protection of Wages Convention, 1949 (No. 95) - Brazil (Ratification: 1957)

The Committee notes the comments made by the Seafarers’ Union of the Port of Rio Grande (SINDIMAR) dated 22 April 2004, and the comments made by the Union of the Port Services Workers of Rio Grande (SINDIPORG) jointly with the Union of Port Workers of Rio Grande Do Sul (UPERSUL), dated 28 January 2005, concerning the application of the Convention as well as the Government’s explanations given in reply.

According to SINDIMAR, the Brazilian Maritime Authority issued a temporary registration certificate (TRC) to two vessels, N/T Dunay and N/T Borislav, both flying the Ukrainian flag despite a number of irregular labour practices, including the non-payment of wages, overtime pay and wage supplements and the refusal to provide the crew with payslips. In its response, the Government refers to the reports of two labour inspection visits carried out four days after the official complaint was received and affirms that no irregularities were observed with respect to the working and living conditions aboard these vessels.

As regards SINDIPORG and UPERSUL, they denounce the persistent failure of the Government of the State of Rio Grande to settle accumulated wage debts totalling BRL 120 million. According to the two trade unions, portworkers are experiencing problems of non-payment of wages since 1998 and despite judicial action and favourable pay orders no real progress has been made. The Government in its reply indicates that because of the specific status of the employees of the port of Rio Grande, the procedure for the settlement of the wage arrears raises constitutional questions and falls within the jurisdiction of the Supreme Federal Tribunal. The Committee notes the Government’s explanations but recalls its primary responsibility for ensuring the scrupulous application and effective enforcement of the Convention. It therefore asks the Government to keep it informed of the evolution of the situation and of any concrete measures taken with a view to settling the outstanding payments and compensating the workers for the injury suffered.

In addition, the Committee recalls that, in its previous observation, it requested the Government to provide clarifications on the exact number of outstanding wage claims and any progress achieved towards the final settlement of the amounts due to former employees of the Technical Assistance and Rural Development Enterprise (EMATER) of the State of Minas Gerais. In the absence of any clear reply in this regard, the Committee reiterates its request and hopes that the Government will supply in its next report full particulars on this matter.

Moreover, the Committee would appreciate receiving up-to-date information concerning the enforcement of the national legislation on wage protection, including statistics on violations reported and sanctions imposed, especially following the enactment of Ministerial Order No. 1.601 of 1996 on the organization of wage debts proceedings and Law No. 9.777 of 1998 on strengthening law enforcement against degrading labour practices.