Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee noted in its previous direct request the observations made in 2013 by the Single Confederation of Workers (CUT), which alleged violations of the Convention. The Committee once again requests the Government to provide its comments in this respect.

Articles 4, 5 and 6 of the Convention. Protection against anti-union discrimination and interference; and facilities afforded to workers’ representatives. The Committee previously noted that on several occasions the Government had 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 define anti-union acts and this prevents the Ministry of Labour and Employment from taking effective preventive and repressive measures”. The Committee also noted that, during a tripartite seminar organized in 2013 by the Ministry of Labour on the “democratization of the State and participation of stakeholders: anti-union practices and the regulation of 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. The Committee notes that Act No. 8112 of 11 December 1990 provides for the immunity from dismissal of union leaders for up to one year after their term of office has ended. Union leaders are entitled to trade union leave. Moreover, under the Criminal Code (section 199), the use of serious violence to prevent involvement in a trade union is punishable by imprisonment and fines. Under these conditions, the Committee hopes that the Government will take all the necessary measures to adopt legislation that explicitly provides remedies and sufficiently dissuasive penalties for acts of anti-union discrimination against members of a public service trade union, and acts of interference, and requests it to provide information in its next report on any progress achieved in this respect.

The Committee also requests the Government to provide information on facilities other than trade union leave that are afforded to representatives of public employees’ organizations in order to enable them to carry out their functions promptly and efficiently (for example, the collection of trade union dues, prompt access to the management and the workplace, availability of premises, office equipment, availability of notice boards, etc.).

Articles 7 and 8. Participation of workers’ organizations in determining terms and conditions of employment. The Committee notes the Government’s indications in its report that negotiating bodies exist in various areas and that the result of the negotiations has to be submitted to Congress (or to municipal legislative chambers) as draft legislation. In its previous direct request, the Committee welcomed the Government’s indication that, in consultation with workers’ organizations, a proposal was being developed for the amendment of the legislation in order to establish a standing federal bargaining system, providing permanent mechanisms for dialogue, negotiation and the mediation of disputes, and that these proposed regulations would act as a guide for state and municipal authorities. The Government reiterates this information in its report and indicates that a seminar with broad participation was held in May 2013 on a future proposal for draft legislation. The Committee requests the Government to provide information in its next report on any developments in this respect and hopes to note progress.