Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Brazil (Ratification: 1952)

Article 1 of the Convention. Protection against anti-union discrimination. The Committee recalls that in its previous direct request it expressed the hope that, in the context of the work of the Labour Relations Council (CRT), it would be possible to prepare draft legislation explicitly setting out remedies and sufficiently dissuasive sanctions against acts of anti-union discrimination. The Committee notes the Government’s indication that in the CRT discussions have gone further concerning a Bill to prohibit anti-union practices in the country and that, in this connection, the issue of anti-union discrimination was addressed at a seminar organized by the Ministry of Labour and Employment with ILO support. The Committee requests the Government to provide information in its next report on any progress in this respect and reminds it that it can have recourse to the technical assistance of the Office, if it so wishes.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to take measures to amend Act No. 10192 of February 2001 concerning additional measures under the Plan Real, section 13 of which provides that automatic price index-related wage increases or adjustments may not be included in agreements, accords or dissidios coletivos, so that the parties to collective bargaining can decide freely whether they wish to agree on automatic wage adjustment, particularly in collective agreements of long duration. While noting that the Government does not refer to this matter in its report, the Committee recalls that the parties to collective bargaining should be able to decide freely and voluntarily whether they wish to agree on automatic wage adjustments, particularly in collective agreements of long duration, and that limitations on collective bargaining in relation to economic matters should only be possible in the event of exceptional circumstances with a view to protecting jobs and the sustainability of enterprises or institutions. The Committee once again requests the Government to take the necessary measures to amend the legislation as indicated above, in so far it limits the possibilities of the parties in wage bargaining. The Committee asks the Government to provide information in its next report on any progress achieved in this respect.

Finally, the Committee notes the various measures adopted by the authorities to promote the application of the provisions of the Convention, including significant measures relating to mediation and tripartite activities.