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

Rural Workers' Organisations Convention, 1975 (No. 141) - Brazil (Ratification: 1994)

Article 3 of the Convention. Right of rural workers to establish and join organizations of their choosing. The Committee recalls that in its previous comments it referred to the following provisions, which are not in conformity with Article 3 of the Convention:

• -the prohibition of establishing more than one trade union, whatever its level, to represent the same occupational or economic category in the same geographical area (article 8(II) of the Constitution and section 516 of the Consolidation of Labour Laws (CLT));
• -the check-off of union dues from the wages of workers in the various occupational categories to finance maintenance of the confederal system of the respective union representation (article 8(IV) of the Constitution), and the levying of compulsory trade union dues for all workers in an economic category (sections 578, 579 and 580 of the CLT); and
• -the requirement of five lower-level organizations for the establishment of federations and confederations (section 534 of the CLT).

The Committee notes that the Government: (i) once again indicates that the proposed constitutional amendment No. PEC/369/2005, intended to reform the trade union legislation, is being examined by the Chamber of Deputies, and that this proposal provides for both a freer trade union structure and the elimination of the compulsory trade union dues; and (ii) indicates that the National Labour Council may consider the possibility of revising section 534 of the CLT as indicated by the Committee. Observing that specific progress has not been made in relation to the matters that have been raised for many years, the Committee once again requests the Government to take the necessary measures to ensure full compliance with Article 3 of the Convention.