Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Brazil (Ratification: 1969)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Parts I and II of the Convention. Articles 2 and 5(2). Improvement of standards of living. Essential family needs. In its previous comments the Committee asked for information enabling it to ascertain how priority had been given to improving standards of living in the Government’s programmes to promote improvement of the living standards of the poorest sectors of the population. In its report, the Government mentions the initiatives taken under the Ministry for Social Development and Hunger Eradication, including the Water for All programme, the Technical Assistance and Rural Extension Service (ATER), the Programme for the Acquisition of Food through Family Farming, and the National Programme for Access to Technical Training and Employment (PRONATEC). With regard to essential family needs, the Government reports on the results of the Family Allowance Programme (Bolsa Familia) (PBF), which covers Brazil’s 5,570 municipalities and benefits some 14 million families. The PBF, which is part of the Brasil sem Miseria poverty eradication programme, consists in making direct money transfers to families all over the country that live in poverty and extreme poverty and have a per capita family income of less than 77 Brazilian reals (BRL) a month. Every month, the Federal Government deposits an amount for the families covered by the PBF. Each family has a magnetic card – preferably in the name of the woman – enabling the money to be withdrawn. The beneficiary families commit to vaccinating their children under 7 years of age and to medical care for women. Furthermore, minors and adolescents must be registered at school and must attend an education establishment. The Committee notes with interest the information supplied and welcomes the Government’s emphasis on the PBF, which signals progress in the application of the Convention. The Committee requests the Government to continue to send information on the impact of the measures which have been implemented to improve the standard of living of the population and ensure the essential needs of families.

Part IV. Article 12. Advances on wages. In the comments it has made since the ratification of the Convention, the Committee has asked for information on the measures taken or envisaged to set the maximum amounts and manner of repayment of advances on wages, in accordance with the Convention. The Government refers, in its report, to the first paragraph of section 462 of the Codification of Labour Laws which says that “employers shall make no withdrawals whatsoever from wages other than as a result of an advance or in the instances allowed by legal provisions or clauses of collective agreements”. The Government indicates that the legislation imposes no express limitation on the repayment of advances on wages, but recognizes that such an advance may be the sign of an inducement for a work situation akin to one of slave labour, depending on the specific circumstances and insofar as the freedom to end the work relationship is restricted until the wage advances have been repaid. The Committee requests the Government to provide examples of judicial decisions pertaining to situations involving wage advances. It also asks the Government to indicate whether any clauses of collective agreements have regulated the maximum amounts and manner of repayment of advances on wages.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s detailed report received in November 2008. The Government emphasizes the measures adopted to promote economic growth in the country, infrastructure investments for economic and social development and the introduction of a National Biodiesel Production and Utilization Programme (PNPB). Among other innovative measures, a “social fuel” certification has been established for producers of biodiesel who encourage social integration and regional development. The Committee hopes that in its next report the Government will include an updated summary of the results achieved by these measures and by other initiatives intended to ensure that “the improvement of standards of living” is regarded as the principal objective in the planning of economic development (Article 2).

Part IV. Remuneration of workers. In the 2005 observation, information was requested on the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages, in accordance with Article 12 of the Convention. The Committee notes that the report received in November 2008 does not contain information on this issue, which has been pending for many years. The Committee invites the Government to include with its next report copies of court rulings and administrative decisions giving effect to the provisions of Article 12.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2009 observation, which read as follows:

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s detailed report received in November 2008. The Government emphasizes the measures adopted to promote economic growth in the country, infrastructure investments for economic and social development and the introduction of a National Biodiesel Production and Utilization Programme (PNPB). Among other innovative measures, a “social fuel” certification has been established for producers of biodiesel who encourage social integration and regional development. The Committee hopes that in its next report the Government will include an updated summary of the results achieved by these measures and by other initiatives intended to ensure that “the improvement of standards of living” is regarded as the principal objective in the planning of economic development (Article 2).

Part IV. Remuneration of workers. In the 2005 observation, information was requested on the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages, in accordance with Article 12 of the Convention. The Committee notes that the report received in November 2008 does not contain information on this issue, which has been pending for many years. The Committee invites the Government to include with its next report copies of court rulings and administrative decisions giving effect to the provisions of Article 12.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s detailed report received in November 2008. The Government emphasizes the measures adopted to promote economic growth in the country, infrastructure investments for economic and social development and the introduction of a National Biodiesel Production and Utilization Programme (PNPB). Among other innovative measures, a “social fuel” certification has been established for producers of biodiesel who encourage social integration and regional development. The Committee hopes that in its next report the Government will include an updated summary of the results achieved by these measures and by other initiatives intended to ensure that “the improvement of standards of living” is regarded as the principal objective in the planning of economic development (Article 2).

Part IV. Remuneration of workers. In the 2005 observation, information was requested on the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages, in accordance with Article 12 of the Convention. The Committee notes that the report received in November 2008 does not contain information on this issue, which has been pending for many years. The Committee invites the Government to include with its next report copies of court rulings and administrative decisions giving effect to the provisions of Article 12.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with interest the Government’s detailed report for the period ending in June 2003. The Committee refers back to the comments on employment policy and on education and training policies that it made in 2004 in connection with the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142). These comments addressed issues directly related to Convention No. 117.

2. Parts I and II of the Convention. Improvement of standards of living. The Government has provided information on the launch of the Fome Zero (Zero Hunger) programme, which aims to combat the poverty that, in 2001, affected 46 million people. According to the Government’s report, most poverty is found, not in rural areas of Brazil, but in urban areas, mainly in medium and small-sized towns in the provinces. The rural population represents around 25 per cent of the poor; 7.7 million members of poor families are illiterate, which means that illiteracy affects 4.4 million families. The Government understands that combating hunger should not be considered as a "cost", but as an investment for the country. A special ministry is responsible for taking measures aimed at promoting food safety and combating hunger. Furthermore, a national agrarian reform plan has been drawn up. In its previous comments, the Committee referred to the situation of the "landless workers" and the measures taken within the framework of the Agrarian Reform and Settlement Institute (INCRA). The Committee hopes that the Government will be able to include, in its next report, an update on the way in which it is ensured that "the improvement of standards of living" is regarded as "the principal objective in the planning of economic development" (Article 2 of the Convention) and that it will indicate the results achieved in its fight against poverty. In this regard, the Committee reminds the Government that, in order to ascertain the minimum standards of living of independent producers and wage earners "account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education" (Article 5, paragraph 2, of the Convention).

3. Part IV. Remuneration of workers. In its previous comments, the Committee indicated that the provisions of the Consolidation of Labour Laws did not appear to give effect to all the requirements of Article 12 of the Convention as regards advances on wages. The Committee hopes that the Government’s next report will indicate the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages in accordance with the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 12 of the Convention. With reference to its previous comment, the Committee notes the Government’s reply, according to which an agreement between the worker and the employer or a document as evidence of the advances in question and of the repayments made is necessary to sufficiently protect the workers concerned against the risk of a possible abuse. The Government further states that the absence of such prior agreement or supporting document invalidates any deduction in respect of advance wages, as the payment must be monthly as laid down in section 589 of the Consolidated Labour Law. The Committee is bound to emphasize once again the need for the Government: (i) to regulate the maximum amounts and manner of repayment of advances on wages; (ii) limit the amount of advances which may be made to a worker in consideration of his taking up employment; and (iii) specify in the law that any advance in excess of the authorized amount shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. The Committee asks the Government to communicate in its next report all progress accomplished in harmonizing the national legislation with this provision of the Convention.

Part V of the report form. The Government is requested to continue to provide information on the practical application of the Convention, by communicating, for instance, extracts from reports concerning the national and the regional development programmes, including the Agrarian Reform Programme; the educational programmes, in particular the educational actions taken to combat discrimination, among others.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its previous observation, the Committee notes the information supplied by the Government concerning the quashing, on 11 April 2000, by the Pará Court of Justice, of the verdict of acquittal pronounced in the first trial in the case of three military police officers accused of the death of 19 landless workers in the region of Eldorado dos Carajás in 1996. It notes that a second trial is to take place and asks the Government to inform the International Labour Office on the subsequent developments in this regard.

2. The Committee notes the measures taken to improve the standards of living of the Brazilian people, most notably in the framework of the agrarian reform initiated in 1995. It notes, in particular, the settling of 372,866 families of landless rural workers (representing approximately 1,864,000 Brazilians) on plots of land granted by the National Institute for Colonization and Agrarian Reform (INCRA) from 1995 to 1999, including 101,000 families in 1998 alone, for a corresponding area of 13,204,789 hectares. It also notes that some 115,000 houses were built in the settlements, together with 9,475 kilometres of rural electricity grids; 27,191 kilometres of local roads; 1,283 wells; 736 dams; 108 stores; 458 community centres; 323 schools; and 366 health centres. The Committee also notes the detailed information concerning the agrarian reform projects initiated by the INCRA in the different states of the country.

3. The Committee notes the detailed statistical data concerning basic education, as well as the information concerning vocational training, in particular the activities of the National Programme for the Training of Workers (PLANFOR) created in 1995 and applied since 1996.

4. The Committee further notes the draft supplementary law authorizing states and the federal district to institute a minimum wage for employees who do not have a minimum wage defined under federal law or in a collective agreement or contract. It asks the Government to keep it informed of any development in this respect, and to provide the ILO with a copy of the above text.

In addition, a request regarding other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 12 of the Convention. The Committee notes the detailed information provided by the Government concerning the provisions contained in the national legislation for the protection of workers' wages. Nevertheless, it notes that Brazilian legislation does not determine the maximum amounts and manner of repayment of advances on wages, as required by the Convention.

The Committee wishes to recall that when a State ratifies a Convention, the Government has to take the necessary measures to give effect to its provisions. It therefore hopes that the Government will adopt the necessary measures to: ensure that the competent authority regulates the maximum amounts and manner of repayment of advances on wages; limit the amount of advances which may be made to a worker in consideration of his taking up employment and ensures that the authorized amounts are clearly indicated to the worker; and lay down that any advance in excess of the amount determined shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the workers at a later date.

The Committee requests the Government to provide information in its next report on the progress achieved in bringing the national legislation into conformity with this provision of the Convention.

The Committee notes with interest the detailed information contained in the Government's report concerning the measures adopted to improve the living standards of the rural population, and in particular of workers (Parts II and IV of the Convention). The Committee would be grateful in particular if the Government would provide with its next report a copy of Act No. 9061 of 21 January 1998 respecting fixed-term contracts. It would also be grateful if the Government would continue to provide information on any measures adopted to increase the flexibility of employment contracts.

Point V of the report form. The Government is requested to continue providing information on the application of the Convention in practice, and for example to provide summaries of the reports of the inspection services and any other information related to the application of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the observations made by the National Union of Labour Inspectors (Sindicato Nacional dos Agentes de Inspeçao do Trabalho-SNAIT) alleging non-observance of Articles 4, 10, 11 and 12 of the Convention with regard to agricultural workers. The Committee recalls that the SNAIT indicated in its observations that, taking into account the structure of land ownership, an organization of agricultural workers called the Movimento dos Trabalhadores Sem-Terra (Landless Workers' Movement) had occupied lands owned by the State in "Eldorado dos Carajás", in the State of Pará, which had granted possession of them to certain individuals. At the request of these individuals, the military police intervened, resulting in the death of tens of workers and over 40 injured. In the same comments, the trade union recalls the deplorable living and working conditions of agricultural workers in the state of Pará.

In its reply, the Government states that the State of Brazil publicly condemned the events in Eldorado dos Carajás and that the Federal Government appointed the highest-level experts to support the investigations carried out against the military police. The Government states that, based on these investigations, proceedings were commenced against 87 members of the fourth battalion of the military police of Marabá/PA and 69 members of the tenth independent company of the military police of Parauapebas/PA. It adds that it is the responsibility of the military judicial authorities of the state to reach a decision concerning the events which occurred. The Government also states that, taking into account these events, the Extraordinary Ministry of Agrarian Reform was restored at the federal level with a mandate to take all the necessary measures on an urgent basis for the implementation of a national agrarian reform policy. The Government also reports that the Agrarian Reform and Settlement Institute (INCRA) has adopted a series of measures for the settlement of the families of agricultural workers. Furthermore, various draft texts have been transmitted to the Congress respecting the procedures for the expropriation and distribution of lands with a view to adopting measures to protect the agricultural workers concerned against arbitrary action by the owners of farm land and to speed up the process of the expropriation of unproductive lands. Finally, expressing its concern at the situation in rural areas, the Government notes the existence of a National Forum against Violence in Rural Areas in which, in addition to representatives of public and private institutions, the organization "Sem-Terra" is also represented.

In its reports on the application of this Convention, the Government also provides information on the various activities undertaken to give effect to Article 4 of the Convention. In this respect, the Government recognizes the unjust concentration of land in Brazil, and for that reason it has given political priority to land-related questions. In particular, the Government recalls the existence of a number of programmes to improve the economic and social conditions of rural populations in general terms and of agricultural workers in particular. It refers, among these programmes, to the Employment and Income Creation Programme (PROGER) and the Programme for the Extension of Employment and Improvement of the Life of Workers (PROEMPREGO). It also notes that the country continues to be dependent to a large extent on agricultural activity, even though the majority of the Brazilian population is in urban areas, and it provides information on the various measures that are being adopted for the rural population. In this respect, the Government mentions for example the National Programme for the Strengthening of Family-based Agriculture (PRONAF), the Programme for Small Farmers (PROGER Rural) and the Special Credit Programme for Agrarian Reform (PROCERA).

The Committee also notes the information provided concerning the application of Article 10 of the Convention and refers to its observation on the application of Convention No. 131.

The Committee notes the detailed information provided by the Government on the observations made by the National Union of Labour Inspectors (SNAIT) and requests it to continue to provide information on the measures adopted to give effect to the Convention, and particularly the decisions of the military court of the state in the procedures concerning the events which occurred in "Eldorado dos Carajás".

A request is being addressed directly to the Government on other points of the Convention.

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 12 of the Convention. In its previous comments, the Committee noted the Government's statement to the effect that, under both the Constitution of 1988 and the Consolidation of Labour Laws (CLT, section 462), the matters concerning the amount of advances on wages and the corresponding deductions from wages are left to collective labour agreements.

In this connection, the Committee recalls that this provision of the Convention lays down that the maximum amount and manner of repayment of advances on wages should be regulated; that the competent authority should limit the amount of advances which may be made to a worker in consideration of his taking up employment; that the amount of advances permitted should be clearly explained to the worker; and, finally, that any advance in excess of the amount laid down by the competent authority should be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. It points out that by ratifying the Convention, the Government has undertaken to give effect to this Article, among others. The Committee hopes that the Government will take the necessary measures in the near future and provide information on any progress made.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the observation made by the National Union of Labour Inspectors alleging non-observance of Articles 4, 10, 11 and 12 of the Convention concerning the situations of agricultural workers. The Committee requests the Government to supply its observations on the points raised, as it has already been invited to.

A direct request concerning certain other points is also being addressed to the Government.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 12 of the Convention. Further to its previous comments, the Committee notes the Government's statement to the effect that, under both the Constitution of 1988 and the Consolidation of Labour Laws (CLT, section 462), the matters concerning the amount of advances on wages and the corresponding deductions from wages are left to collective labour agreements.

In this connection, the Committee recalls that this provision of the Convention lays down that the maximum amount and manner of repayment of advances on wages should be regulated; that the competent authority should limit the amount of advances which may be made to a worker in consideration of his taking up employment; that the amount of advances permitted should be clearly explained to the worker; and, finally, that any advance in excess of the amount laid down by the competent authority should be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. It points out that by ratifying the Convention, the Government has undertaken to give effect to this Article, among others. The Committee hopes that the Government will take the necessary measures in the near future and provide information on any progress made.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 12 of the Convention. Further to its previous comments, the Committee notes the Government's statement that it is undertaking consultation and studies as to the best manner by which the requirements of this Article can be met.

In this connection, the Committee recalls that this provision of the Convention lays down that the maximum amount and manner of repayment of advances on wages shall be regulated; that the competent authority shall limit the amount of advances which may be made to a worker in consideration of his taking up employment, and that the amount of advances permitted shall be clearly explained to the worker; and, finally, that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. The Committee hopes that the Government will take the necessary measures in the near future and provide information on any progress made.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee noted, in its previous comments, the observation made by the Unique Workers' Central (CUT) concerning the payment of wages to some Brazilian workers engaged in civil construction in Argentina. The Committee notes that the CUT withdrew this observation, by its communication to the ILO Office, Brazil, dated 30 May 1994, in view of the improvement to the conditions of employment in the sector brought about by the combined efforts of Brazilian and Argentinian trade unions and of the Ministry of Labour of Brazil.

The Committee hopes that the Government will provide information in its future reports on the application in practice of the provisions, in particular of Article 8 of the Convention, in accordance with point V of the report form, and include information on any difficulties encountered.

The Committee is also addressing a direct request to the Government concerning certain points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee requests the Government to supply information on the following matters raised in its previous direct request:

With regard to Article 12 of the Convention, the Committee noted the Government's statement in the previous report that section 462 of the Consolidation of Labour Laws (CLT) is somewhat imprecise, but that both legal doctrine and jurisprudence consider that advances in excess of one month's wages are not possible. The Committee points out once again that, in view of this lack of precision and, as the Government indicated in other reports, in view of the lack of any specific provision regulating the advances authorized under section 462 of the CLT, it is necessary to take measures to give effect to this Article.

In this connection, the Committee recalls that this provision of the Convention lays down that the maximum amount and manner of repayment of advances on wages shall be regulated; that the competent authority shall limit the amount of advances which may be made to a worker in consideration of his taking up employment, and that the amount of advances permitted shall be clearly explained to the worker; and, finally, that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. The Committee therefore hopes that the Governmnent will take the necessary measures in the near future, as it announced in previous reports, to give effect to this Article of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the observation made by the Unique Workers' Central (CUT) concerning the application of the Convention. The CUT alleges, among other things, that some Brazilian workers engaged in civil construction in Argentina received their wages, which were much lower than the wages of Argentinian workers, only on their return to Brazil. The CUT expresses concern on the possibilities of such occurrences in the framework of the MERCOSUR (Southern Cone Common Market). The Committee recalls that Article 8 of the Convention encourages, where immigration or emigration for employment occurs, the conclusion between the countries concerned of agreements to regulate matters of common concern. It notes that the Government has not communicated its comments on the observation of the CUT, and invites it to do so in the light of the provision of Article 8.

The Committee is also addressing a request directly to the Government.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's observations concerning the comments transmitted by the National Confederation of Industry and the National Confederation of Industrial Workers, both of which concerned section 462 of the Consolidation of Labour Laws (CLT) in relation to Article 12 of the Convention.

With regard to Article 12 of the Convention, the Committee notes the Government's statement that section 462 of the CLT is somewhat imprecise, but that both legal doctrine and jurisprudence consider that advances in excess of one month's wages are not possible. The Committee points out once again that, in view of this lack of precision and, as the Government indicated in other reports, in view of the lack of any specific provision regulating the advances authorised under section 462 of the CLT, it is necessary to take measures to give effect to this Article.

In this connection, the Committee recalls that this provision of the Convention lays down that the maximum amount and manner of repayment of advances on wages shall be regulated; that the competent authority shall limit the amount of advances which may be made to a worker in consideration of his taking up employment, and that the amount of advances permitted shall be clearly explained to the worker; and, finally, that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date. The Committee therefore hopes that the Government will take the necessary measures in the near future, as it announced in previous reports, to give effect to this Article of the Convention.

Finally, the Committee has noted the information communicated by FAO in its letter of 25 February 1991.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comments, the Committee notes the information supplied by the Government. The Committee notes that the report does not contain observations on the comments submitted by the Confederation of Industry and the National Confederation of Industrial Workers, which were transmitted to the Government on 23 November and 18 November 1987, respectively. The Committee urges the Government to transmit with its next report the observations that it considers appropriate concerning the comments submitted by the above organisations.

Article 12 of the Convention. With reference to its previous comments, the Committee notes that the Office of the Adviser on International Affairs will issue an opinion that section 462 of the Consolidation of Labour Laws will have to be amended by the addition of three paragraphs, to establish that: (a) the advances that can be received by a worker in order to induce him to accept a job shall not exceed three months' wages; (b) if the above sum is in excess of three months' wages, the worker will not be obliged to reimburse the employer the advances in excess of this amount; and (c) monthly deductions in respect of advances on wages cannot exceed 25 per cent of the gross wages of a worker. The Committee points out that Article 12 also lays down that the manner of repayment of advances on wages received by the worker shall be regulated. The Committee hopes that the Government will take into account this latter provision of Article 12 when putting forward the amendments referred to in the report. The Committee also hopes that the Government will take appropriate steps for the competent bodies to amend section 462, thereby giving effect to the comments that this Committee has been making for many years.