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

Labour Relations (Public Service) Convention, 1978 (No. 151) - Brazil (Ratification: 2010)

The Committee notes the Government’s first report.

The Committee notes the comments of the Single Confederation of Workers (CUT) of 2013 alleging violations of the Convention in the prefecture of Crateús. The Committee requests the Government to provide its observations thereon.

Articles 4 and 5 of the Convention. The Committee notes that on various occasions the Government has informed the Committee on Freedom of Association (Cases Nos 2635, 2636 and 2646) that “although freedom of association is protected under the Constitution, the national legislation does not provide a precise definition of anti-union acts, which prevents the Ministry of Labour and Employment from taking effective preventive and repressive measures”. The Committee also notes that, during a tripartite seminar organized by the Ministry of Labour in 2013 on “Democratization of the State and participation of stakeholders: Anti-union practices and regulation respecting Convention No. 151”, high-level government representatives and those of representative workers’ organizations emphasized the importance of addressing as a priority the regulation of protection against anti-union discrimination. Under these conditions, the Committee hopes that the Government will take all the necessary measures for the adoption of legislation explicitly establishing remedies and sufficiently dissuasive penalties against acts of anti-union discrimination and interference and asks it to provide information in its next report on any progress in this respect.

Article 6. The Committee requests the Government to provide information on the facilities afforded to organizations of public employees in order to enable them to carry out their functions promptly and efficiently (for example, the check-off of trade union dues, the granting of free time without loss of wages, allowances and social benefit so that representatives can discharge their functions, access without delay to the management and the workplace, availability of premises, office equipment, availability of notice boards, etc.). The Committee also requests the Government to indicate whether the facilities concerned are granted under the provisions of the legislation, collective agreements, arbitration awards or practice.

Articles 7 and 8. The Committee welcomes the Government’s indication that, in consultation with workers’ organizations, a proposal is being developed for the amendment of the legislation with a view to the establishment of a standing federal bargaining system, offering permanent mechanisms for dialogue, negotiation and the mediation of disputes, and that this proposed legislation will act as a guide for state and municipal authorities. The Committee requests the Government to provide information in its next report on any developments in this respect.