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

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

The Committee notes the observations of the Trade Union of Pernambuco Doctors received on 26 February 2015 as well as the Government’s reply thereon. The Committee also notes the observations of the National Confederation of Typical State Careers, the joint observations of the National Confederation of Industry and the International Organisation of Employers as well as the observations of the Single Confederation of Workers (CUT) received in August and September 2017. The Committee further notes the observations of the National Confederation of Transport, the New Workers Trade Union Confederation (NEST) and the joint observations of the International Trade Union Confederation (ITUC) and CUT received respectively on 1 September, 10 September and 18 September 2019, relating all of them, to matters examined by the Committee in the present comment.

Articles 4 and 5 of the Convention. Protection against anti-union discrimination and interference. The Committee had previously noted the Government’s indications 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”. In its last comment, having taken note of legislative provisions which provide for the immunity from dismissal of union leaders for up to one year after their term of office has ended and recognize the right to trade union leave, the Committee had expressed the hope that the Government would take all the necessary measures to adopt a 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. The Committee notes that the Government indicates that one obstacle to the creation of a legislation which ensures the effective application of the Convention lies in the structure of the Brazilian Federation, formed by the Union, the States, the Municipalities and the Federal District which guarantees the autonomy, both legislative and organizational, of each entity. The Government indicates, however, that regardless of the absence of a provision which guarantees the protection against acts of anti-union discrimination and interference in the public sector, the legal system has always been strong enough to discourage anti-union practices and that protection against such practices is also afforded through the decisions of the courts. Emphasizing once again the need to adopt specific legislative provisions in relation to anti-union discrimination and interference, the Committee reiterates its request and expects that the Government will take all the necessary measures to adopt a legislation that explicitly provides remedies and sufficiently dissuasive penalties for all acts of anti-union discrimination against members of a public service trade union, and acts of interference. The Committee requests the Government to provide information in its next report on any progress achieved in this respect and to submit statistics on the number of cases concerning anti-union practices in the public service brought before the courts.

Article 6. Facilities afforded to workers’ representatives. The Committee requests once again 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. In its previous comments, the Committee had noted 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 Committee observes that, while the Government does not provide further information in that regard, it indicates that, regardless of the absence of a specific legislative provision towards the promotion of collective bargaining in the public sector, in practice, public administration entities have always negotiated with representatives from trade unions of public officials and cites, as an example, the negotiations in the Municipality of Petrópolis. The Committee notes, however, that, in their observations, both the CUT and the NCST indicate that the right to collective bargaining in the public sector is very limited and that, having ratified the Convention, negotiating procedures and mechanisms shall be established in the public administration. The Committee also notes the Government’s indication that, in order to give effect to the Convention, it has established, within the Ministry of Economy, a Department of Labour Relations in the Public Service, which, among other functions, promotes dialogue between public administration entities and organizations representing public officials and proposes measures for the resolution of conflicts that arise in such context. Recalling that, under Article 7 of the Convention, organizations of public employees shall participate in the determination of terms and conditions of employment, the Committee requests the Government to provide further details on the mechanisms that allow workers to negotiate or participate in the determination of such matters as well as information about their application in practice. It also requests the Government to provide concrete examples of such mechanisms. The Committee further requests the Government to provide more detailed information on the role played by the Department of Labour Relations in the Public Service in promoting dialogue and proposing measures for the resolution of conflicts.