Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Brazil (Ratification: 1994)

The Committee notes the observations made by the National Confederation of Liberal Professions (CNPL), received on 15 September 2016. The Committee requests the Government to provide its comments in this respect.

Article 3 of the Convention. Election of representatives of employers and workers organizations. In its observations, the CNPL indicates that, while Brazil is implementing tripartite dialogue, the situation is not settled with respect to the representatives selected by the Government. It indicates that, often, these representatives are not selected by consensus so that they may adequately represent the trade union movement. Since 2008, the Government has continued to select only those multisectoral trade union confederations (centrales sindicales) recognized under Law No. 11.648 of 31 March 2008. The CNLP points out that this means that trade union confederations (representing specific branches, sectors or categories of workers) are excluded from contributing their expertise, whereas the consensus achieved through social dialogue should reflect the general opinions of all involved. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, for purposes of the procedures provided for under the Convention, the representatives of employers and workers are freely chosen by their representative organizations.

Article 5. Effective tripartite consultations. The Committee notes the information provided by the Government concerning the activities of the Tripartite Commission on International Relations (CTRI) of the Ministry of Labour and Employment, which is the principal tripartite body for consultations on international labour standards. The Government indicates that the CTRI meets at least three times per year, depending upon its workload. In 2014, the CTRI met four times, in 2015 it met three times, and in 2016 two meetings had been held, and a third was anticipated. The Committee notes the agendas provided by the Government for the six most recent meetings of the CTRI: 12 August 2014; 10 February 2015; 13 May 2015; 6 August 2015; 12 April 2016; and 6 August 2016. The agendas reflect that the CTRI met, among other things, to examine matters related to international labour standards and to prepare and promote the participation of delegations in the sessions of the Governing Body and the Conference. The Committee further notes that, at its meeting of 6 August 2015, the CTRI approved the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and examined the response of the Government to the questionnaire on Decent Work for Peace, Security and Disaster Resilience and on the revision of the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71). In its meeting of 12 April 2016, the CTRI examined the Government’s response to the ILO questionnaire on the Abrogation and Withdrawal of ILO Conventions. The Government indicates that, while the CTRI’s main focus is the ILO, it also examines issues raised in various international fora that deal with labour issues, such as the G20, Mercosul, the Organization of American States and BRICS. In addition to its fixed meetings, the CTRI also creates working groups to address specific issues, such as the working group created in 2014 to discuss and facilitate the transition from the informal to the formal economy. The Committee welcomes the information provided by the Government and requests it to continue to communicate updated information on the effective tripartite consultations held on all matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention.