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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Brazil (Ratification: 1952)

Article 4 of the Convention. Promotion of collective bargaining. Duration of collective agreements and accords. Noting that section 614(3) of the Consolidation of Labour Laws (CLT) sets a maximum limit of two years for the duration of collective agreements and accords and prohibits the inclusion in such agreements and accords of clauses on the maintenance of their effects in the event of their non-renewal, the Committee previously emphasized that the determination of the duration of collective agreements and their effects by the parties is covered by the principle of free and voluntary collective bargaining promoted by the Convention and that any derogations from this rule should in so far as possible reflect tripartite agreement. On this basis, the Committee invited the Government to engage in consultations with the representative organizations of employers and workers concerning the content of section 614(3) of the Consolidation of Labour Laws. In this regard, the Committee notes, on the one hand, the reiterated views expressed by the Government and the employers’ organizations, National Confederation of Industry and the National Confederation of Transport, which indicate that the duration of collective agreements is not envisaged by the Convention and that the limitation of their duration has the objective and effect of promoting as much as possible the regular exercise of collective bargaining. The Committee notes, on the other hand, the persistent opposition to section 614(3) of the Consolidation of Labour Laws expressed by the Single Confederation of Workers and the New Workers Trade Union Confederation. The Committee once again invites the Government to provide information on the consultations held with the representative organizations of employers and workers on the content of section 614(3) of the Consolidation of Labour Laws with a view to seeking tripartite agreement on the regulation of the duration of collective agreements and accords.