Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

National policy to ensure permanent or regular employment for dockworkers. The Committee notes the detailed information sent by the Government in a report received in October 2007 in reply to its observation of 2006, which expressed the concern of three dockworkers’ unions of the port of Suape in the State of Pernambuco (FENCCOVIB, FNE and FNP) and also reflected the situation in the port of Vila Velha in the State of Espírito Santo. The Government indicates that the labour inspectorate, with the collaboration of the Labour Prosecutions Office, put pressure on the port operator to regularize the contractual situation of the workers concerned. In an agreement judicially approved at the request of the Labour Prosecutions Office, it was agreed that some 350 dockworkers who had been registered by the OGMO (manpower management agency) would remain under contract with the port operator. The Labour Prosecutions Office emphasized the priority entitlement which has to be granted to registered casual dockworkers (trabalhadores portuários avulsos) for obtaining permanent employment in enterprises, with fair conditions of work that have been previously agreed with the respective union of registered workers (Opinion No. DC-174611/2006-000-00.5 of 22 February 2007 issued by the Regional Labour Prosecutor and Deputy National Dock Work Coordinator of the Labour Prosecutions Office). The Government adds that the port operator was obliged to stop contracting workers who had not been registered but the supply of work in the port of Suape decreased, and this was the situation which gave rise to the complaints from the workers’ organizations. According to the Government, an outcome was achieved which is practically in conformity with Article 2, paragraph 1, of the Convention since regular work was ensured for 350 dockworkers who had previously been registered with the OGMO. Nevertheless, the Committee notes that, according to the Government’s report, some port operators still hire non-registered workers and that the National Permanent Ports Commission, after several meetings, has not reached consensus on the hiring of dockworkers on a permanent basis. The Committee thus welcomes the efforts of the Labour Inspection and the Labour Prosecutions Office and hopes that the Government will be able to inform in its next report on the outcomes of those actions and on any other significant progress made on the application of the Convention in all ports.