Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the information provided in the Government’s report and the attached documents. It notes in particular the indications concerning the definitive payment of the amounts due to the former employees of the Technical Assistance and Rural Development Enterprise (EMATER) of the State of Minais Gerais, as well as the information on the measures adopted to combat degrading work practices, and particularly debt bondage.

1. Further to the previous comments of the Seafarers’ Union of the Port of Rio Grande (SINDIMAR), the Committee notes the Government’s explanations according to which the maritime authorities are empowered to inspect the working and living conditions on board vessels and that the fact that a temporary registration certificate is issued by the maritime authorities does not imply inspection of labour relations, including the payment of wages. The Government adds that the labour inspectorate, which is competent to ascertain labour conditions, including those on board foreign vessels, may seek the immobilization of the vessel, but cannot penalize failure to pay wages on board vessels flying the Ukrainian flag. The Government further indicates that, in cases in which wage arrears are not resolved, the information may be communicated to the country of origin of the vessel and to the ILO. The Committee requests the Government to provide additional information on any further inspections carried out by the labour inspection services on board the vessels in question, particularly with regard to the regular payment of wages, and the action taken as a result by the competent authorities.

2. With regard to the comments made by the Union of Port Services Workers of Rio Grande (SINDIPORG) and the Union of Port Workers of Rio Grande Do Sul (UPERSUL), the Committee notes the Government’s indications that workers’ claims are included in the debts of the State of Rio Grande Do Sul, which are still under investigation in the context of court action, and that the latter State has not yet paid the wage arrears of its officials. Recalling, as the Committee emphasized in paragraph 367 of its 2003 General Survey on the protection of wages, that the Government is bound not only to ensure that the requirements of the Convention are scrupulously applied in respect of workers whose wages are financed directly by the state budget, but also to ensure that it is applied by local authorities and private enterprise, it requests the Government to keep it informed of any developments relating to the definitive settlement of the wages of the officials of the State of Rio Grande Do Sul.

The Committee is also addressing a request directly to the Government on other matters.