Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the observations of the National Confederation of Typical State Careers (CONACATE), received on 28 August 2017; of the National Confederation of Industry (CNI) and the International Organisation of Employers (IOE), received on 29 and 31 August 2017; of the Single Confederation of Workers (CUT), received on 1 September 2017; of the National Association of Labour Court Judges (ANAMATRA), received on 1 June 2018; of the New Workers Trade Union Confederation (NCST), received on 10 September 2019; of the CNI, received on 24 September 2020; of Public Services International (PSI), received on 29 September 2020; and of the IOE, received on 1 October 2020 – all these observations relating to the application of the Convention. The Committee requests the Government to send its comments in this regard.

Article 3 of the Convention. Choice of representatives of employers’ and workers’ organizations. In its previous request, the Committee noted the observations of the National Confederation of Liberal Professions (CNPL) indicating that: (i) although tripartite dialogue was being implemented, representatives were often not selected by consensus so that they might adequately represent the trade union movement; (ii) since 2008, the Government had selected only those multisectoral trade union confederations recognized under Act No. 11.648 of 31 March 2008; and (iii) this meant that organizations representing specific branches, categories or sectors of workers were excluded from contributing their expertise, whereas the consensus achieved through social dialogue should reflect the general opinions of all involved. The Committee asked the Government to indicate the measures taken or envisaged to ensure the free choice of representatives of employers and workers in bodies concerned with the application of the Convention, and it notes that the Government has not provided any comments in this regard. The Committee once again requests the Government to reply to the observations of the CNPL and indicate the measures taken or contemplated to ensure that, for the 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. In its previous request, the Committee asked the Government to continue providing 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. The Committee notes the information provided by the Government concerning the effect given to the provisions of the Convention, in particular that: (i) the Tripartite Commission on International Relations (CTRI), which is the principal tripartite body for consultations on international labour standards, has been meeting at least three times a year; (ii) the CTRI also examines issues raised in various international forums that deal with labour issues, such as the G20, Mercosur and the Organization of American States; (iii) in 2018 a working group was established to consider the draft of the Violence and Harassment Convention, 2019 (No. 190), and of the Violence and Harassment Recommendation, 2019 (No. 206), meeting four times during that year; (iv) other tripartite bodies for social dialogue exist in the country, including the National Labour Council (CNT), in which all matters relating to the world of work are discussed, and the Standing Joint Tripartite Commission (CTPP), which, on the basis of the principles advocated by the ILO, was set up to consider various matters relating to occupational safety and health; and (v) the Government proposes, in the context of the CTPP, to revise about 2,000 normative and regulatory instruments in the labour sphere, emphasizing that the revision will be undertaken with the involvement of workers and employers. Furthermore, the Committee notes that although, on the one hand, the observations of the CNI state that the CNT, from its re-establishment in November 2019 to August 2020, held five ordinary meetings and currently has a working group on the issue of telework, and that since its re-establishment in August 2019 the CTPP has held six ordinary meetings and three extraordinary meetings and is reportedly revising regulatory standards; on the other hand, the observations of PSI allege the absence of social dialogue and state that none of the ordinances or provisional measures adopted on account of the COVID-19 pandemic were the subject of consultation either in the CNT or in the CTPP. The Committee requests the Government to send its comments in this regard. The Committee also requests the Government to continue providing 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.

In the context of the COVID-19 pandemic, the Committee recalls the extensive guidance provided by international labour standards. The Committee encourages the Government to engage in tripartite consultations and in a wider social dialogue as a sound basis for formulating and implementing effective responses to the profound economic and social effects of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.