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

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

The Committee notes the comments made in 2013 by the International Trade Union Confederation (ITUC) and the Single Confederation of Workers (CUT), which refer to matters already raised by the Committee and contain allegations of anti-union practices in the media, banking and chemicals sectors. The Committee requests the Government to provide its observations on all of these comments and once again requests it to indicate the outcome of the judicial inquiries conducted in relation to the killings of the trade union leaders reported by the ITUC (and the alleged killings of 11 trade unionists between 1993 and 2009 denounced in 2009 by the Força Sindical, the Nova Central dos Trabalhadores do Brasil, the União Geral dos Trabalhadores, the Central Única dos Trabalhadores, the Central dos Trabalhadores e Trabalhadoras do Brasil and the Central General dos Trabalhadores do Brasil). The Committee also notes the comments of the Union of Hotel, Bar and Allied Workers of São Paulo and Region (SINTHORESP) of 2013 alleging that trade unions were hindered from defending the interests of workers with disabilities and participating on their behalf in the process of negotiation in an enterprise in the food sector. The Committee requests the Government to provide its observations thereon.

Article 4 of the Convention. Compulsory arbitration. The Committee once again requests the Government to indicate whether it is still possible in practice to refer a collective dispute (dissidio coletivo) to compulsory judicial arbitration at the request of only one of the parties, and to provide information in its next report on developments relating to the draft trade union reform referred to previously.

Right to collective bargaining in the public sector. The Committee recalls that for many years it has been referring to the need, in accordance with Article 4 of the Convention, for public employees who are not engaged in the administration of the State to have the right to collective bargaining. The Committee observes that the Government reiterates information concerning the creation in September 2010 of the Labour Relations Council (CRT) which is a tripartite body based on equal representation that advises the Ministry of Labour on issues of importance in the world of work (for example, concerning the updating of legislation, the promotion of collective bargaining, the settlement of disputes, etc.). While recalling that in its previous observation it noted that, in relation to this issue, a working group was established with the social partners in the Ministry of Labour to formulate legislative proposals to be sent to the Office of the President of the Republic, and that a bill and a draft constitutional amendment would then be submitted, the Committee requests the Government to indicate in its next report whether the bill in question has been set aside and, if so, to provide information on any measures adopted with a view to granting public employees who are not engaged in the administration of the State the right to collective bargaining with a view to concluding collective agreements.

Subjection of collective agreements to financial and economic policy orientations. The Committee recalls that for years it has been referring to the need to repeal section 623 of the Consolidation of Labour Laws (CLT), under the terms of which the provisions of an agreement or accord that are in conflict with the standards governing the Government’s economic and financial policy or the wage policy that is in force shall be declared null and void. The Committee regrets the lack of information provided by the Government on this subject and once again requests it to take measures to repeal any legislative or constitutional provisions which restrict the right to collective bargaining, such restrictions only being admissible as exceptional measures within the context of a serious economic crisis, namely in cases of serious and insurmountable difficulty, for the preservation of jobs and the continuity of enterprises and institutions. The Committee requests the Government to provide information in its next report on any measure adopted in this respect.

The Committee is raising other matters in a request addressed directly to the Government.