Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Dock Work Convention, 1973 (No. 137) - Brazil (Ratification: 1994)

Article 2(2) of the Convention. Employment for dockworkers. In its previous comments, the Committee noted that under the sole paragraph of section 43 of the Docks Act (No. 12.815 of 2013), remuneration, definition of duties, composition of shifts, multifunctionality and other conditions of work for casual dockworkers shall be the subject of negotiations between the representative bodies of casual dockworkers and the port operators. The Committee asked the Government to indicate the minimum periods of employment and minimum income guaranteed to casual dockworkers as a result of the negotiations provided for in the above-mentioned section of Act No. 12.815. The Government indicates in its reply that these matters are covered by collective agreements and even though these agreements are recorded in a Ministry of Labour database, there are no statistics on this subject. In order to enable a better appraisal of the manner in which effect is given to this provision of the Convention, the Committee requests the Government to provide examples of collective agreements that it considers relevant in view of the quota of casual dockworkers and the importance of the docks concerned, and which give effect to section 43 of Act No. 12.815 by establishing minimum periods of employment or minimum income for casual dockworkers.

Application in practice. The Committee notes the Government’s indication regarding the consolidation work undertaken by the Ministry of Labour to determine the number of dockworkers listed in the registers of the Port Labour Management Boards (OGMOs). According to the Government, this work was due to be completed in September 2017. The Committee hopes that this consolidation work will enable the Government to obtain the information requested regarding changes in the number of dockworkers in the country’s docks, disaggregated by age and sex and specifying those who are regarded as casual dockworkers. The Committee hopes that the Government will be able to provide such information in the near future. The Committee also requests the Government to continue providing information on the work of the Standing Forum for Dockworker Training, which, according to the Government, is being restructured pursuant to Ordinance No. 838/2017 after a period of inactivity.