Paid Educational Leave Convention, 1974 (No. 140) - Brazil (Ratification: 1992)

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

Article 4 of the Convention. Coordination of the policy to promote the granting of paid educational leave with general policies on employment, education and training, and working time. The Committee notes the information contained in the Government’s report concerning the legislation relevant to the application of the Convention. The Government refers to section 476A of the Consolidated Labour Law, as the most relevant legislation in relation to the Convention. The Committee notes that subsection 3 of section 467A provides that an employer may pay a monthly stipend to an employee whose employment contract is suspended under section 467A for purposes of attending vocational training. The article does not require the employer to grant paid educational leave for purposes of Article 2(a)–(c) of the Convention. Noting that the Government has not replied to its 2015 request for information regarding the application of Article 4 of the Convention, the Committee reiterates its request that the Government indicate the manner in which it ensures that the national policy on paid educational leave is coordinated with other general policies on employment, education and training, and working time. It also requests the Government to indicate the manner in which it ensures the effective application of Article 2 (promoting the granting of paid educational leave for the purposes specified therein).

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

Article 2 of the Convention. Policy to promote the granting of paid educational leave. The Committee notes that, in its report, the Government makes reference to the legal provisions allowing for the suspension of employment contracts, for a period of two to five months, so that employees may pursue a vocational training course or programme provided by the employer, for a period equivalent to that of the suspension. The Government also refers to the Bolsa de Qualificação which benefited a total of 8,399 workers in 2013.

Article 4. Coordination of the policy to promote the granting of paid educational leave with general policies. The Committee requests the Government to indicate the measures adopted for the coordination of the national policy on paid educational leave with general policies on employment, education and training, and working time.

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

Articles 2, 3, 4 and 10 of the Convention. Policy to promote the granting of paid educational leave. Coordination of general policies with the policy to promote the granting of paid educational leave. The Committee notes that in its report the Government reiterates the information provided previously on the benefits granted in the context of the Bolsa de Qualificação, adding that in 2011 these benefits were received by 8,808 workers and by 13,444 workers in 2012, which represents a constant increase since its establishment in 1998. The Committee reiterates that the Convention requires member States to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice, the granting of paid educational leave for the purpose of vocational training, general, social and civic education, and trade union education. The Committee once again requests the Government to provide detailed information on the matters raised in the report form in relation to Articles 2, 3 and 10 of the Convention, with an indication in each case of the conditions that have to be met by workers to benefit from paid educational leave, the duration of such leave and the level of the financial benefits provided. The Committee also requests the Government to indicate the measures adopted for the coordination of the national policy on paid educational leave with general policies on employment, education and training, and working time (Article 4).

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Definition. Policy to promote the granting of paid educational leave. In reply to the comments that it has been making for many years, the Committee notes the detailed information on the Bolsa de Qualificação Profissional provided in a Government report received in November 2011. The Government indicates that, in accordance with the provisions adopted in November 1998 and August 2001, the Bolsa Qualificação consists of a benefit provided to workers who are temporarily unemployed in accordance with the provisions of collective agreements. The Committee observes that the Convention requires member States to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice, the granting of paid educational leave for the purpose of training, general, social and civic education, and trade union education. The Committee invites the Government to provide detailed replies in its next report on the matters raised in the report form, with an indication in each case of the conditions that have to be met by workers to benefit from paid educational leave, the duration of such leave and the level of the financial benefits provided (Articles 2, 3 and 10 of the Convention).

Coordination of the policy to promote the granting of paid educational leave with general policies. The Committee invites the Government to indicate in its next report the measures adopted for the coordination of the national policy on paid educational leave with general policies on employment, education and training, and hours of work (Article 4).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Definition of paid educational leave. Please indicate the terms on which paid educational leave is granted for vocational training, general, social and civic education, and trade union education, with an indication in each case of the conditions to be fulfilled by workers in order to be granted such leave, the length of the leave and the level of financial entitlements (Articles 2, 3 and 10 of the Convention).

Coordination of the policy to promote the granting of paid educational leave with general policies. Please state what steps have been taken to coordinate the national policy on paid educational leave with general policies on employment, education and training and hours of work (Article 4).

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

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 direct request, which read as follows:

1. The Committee notes the Government’s report received in September 2003 which contains information on numerous vocational education and training plans and programmes, including in particular the National Skills Plan-PNQ 2003–07 (see also in this connection the observation of 2004 on the application of Convention No. 142). So that the Committee can undertake a full examination of the application of Convention No. 140, it would be grateful if the Government would provide detailed information in its next report on the following matters.

2. Definition of paid educational leave. Please indicate the terms on which paid educational leave is granted for vocational training, general, social and civic education, and trade union education, with an indication in each case of the conditions to be fulfilled by workers in order to be granted such leave, the length of the leave and the level of financial entitlements (Articles 2, 3 and 10 of the Convention).

3. Coordination of the policy to promote the granting of paid educational leave with general policies. Please state what steps have been taken to coordinate the national policy on paid educational leave with general policies on employment, education and training and hours of work (Article 4).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes 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 direct request, which read as follows:

1. The Committee notes the Government’s report received in September 2003 which contains information on numerous vocational education and training plans and programmes, including in particular the National Skills Plan-PNQ 2003–07 (see also in this connection the observation of 2004 on the application of Convention No. 142). So that the Committee can undertake a full examination of the application of Convention No. 140, it would be grateful if the Government would provide detailed information in its next report on the following matters.

2. Definition of paid educational leave. Please indicate the terms on which paid educational leave is granted for vocational training, general, social and civic education, and trade union education, with an indication in each case of the conditions to be fulfilled by workers in order to be granted such leave, the length of the leave and the level of financial entitlements (Articles 2, 3 and 10 of the Convention).

3. Coordination of the policy to promote the granting of paid educational leave with general policies. Please state what steps have been taken to coordinate the national policy on paid educational leave with general policies on employment, education and training and hours of work (Article 4).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report received in September 2003 which contains information on numerous vocational education and training plans and programmes, including in particular the National Skills Plan-PNQ 2003-2007 (see also in this connection the observation of 2004 on the application of Convention No. 142). So that the Committee can undertake a full examination of the application of Convention No. 140, it would be grateful if the Government would provide detailed information in its next report on the following matters.

2. Definition of paid educational leave. Please indicate the terms on which paid educational leave is granted for vocational training, general, social and civic education, and trade union education, with an indication in each case of the conditions to be fulfilled by workers in order to be granted such leave, the length of the leave and the level of financial entitlements (Articles 2, 3 and 10 of the Convention).

3. Coordination of the policy to promote the granting of paid educational leave with general policies. Please state what steps have been taken to coordinate the national policy on paid educational leave with general policies on employment, education and training and hours of work (Article 4).

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

The Committee notes the Government’s reports received in September 2000 and 2001, as well as the legislative texts and documentation attached. It notes in particular the texts governing the conditions which have to be fulfilled by workers to benefit from leave for the purposes of vocational training. A policy concerning paid educational leave has been formulated through the Foundation for the Coordination and Further Training of Higher Level Staff (CAPES). Within the framework of the Ministry of Labour and Employment, the National Vocational Training Plan (PLANFOR) is operational with the objective of developing a permanent supply of vocational training to qualify or update the qualifications of 20 per cent of the active population each year. The priority sectors for which PLANFOR is intended are the unemployed, workers at risk of unemployment, urban and rural small and micro producers and self employed workers organized in cooperatives or self managed units in both the formal and informal sectors. The decentralized implementation of PLANFOR makes use of a broad network consisting, among others, of technical schools, institutions, social and educational services and central trade union organizations. The report received in 2001 contains detailed information on the university and postgraduate system. The Committee trusts that the Government will organize the information that it provides in its next detailed report so that it answers the questions set out in the report form for each of the provisions of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the supplementary information provided by the Government in reply to its previous request. In order to allow the Committee to better appreciate the effect given to the Convention, it would be grateful if the Government would supply further information in its next report on the following points.

Articles 2, 3 and 10 of the Convention. 1. The Committee notes that under Decree No. 88.374 of 7 June 1983, undertakings obliged to contribute to financing education allowances may opt for direct financing of primary studies of their workers or the workers' children. In this matter, the Committee recalls that, as it stressed in its 1991 General Survey (paragraph 344), this type of financing can be assimilated to paid educational leave only when the beneficiaries are the workers themselves, and not their children. The Committee requests the Government to indicate what proportion of workers benefit from this means of employers financing primary education by supplying all statistics available on the matter.

2. The Committee notes the detailed information supplied on the conditions for granting research and higher education grants. It would be grateful if the Government would also supply detailed information on the conditions that workers must satisfy to benefit from leave for vocational training at all levels, primary and secondary education and trade union education. Please also specify in each of these cases the duration of the leave and the amount of financial benefits paid.

Article 7. Please supply all available data on the amounts allocated for granting paid educational leave during the period covered by the report for the various educational purposes set out in Article 2 of the Convention.

Article 9. Please indicate which particular categories of workers benefit from special provisions in application of Article 9(a). Please indicate whether special measures have also been taken or are envisaged to guarantee that the workers engaged in particular categories of undertakings, such as small or seasonal undertakings, are not excluded from the benefit of paid educational leave, in accordance with Article 9(b).

Part V of the report form. Please provide information on the manner in which the Convention is applied in practice, in particular by supplying all available statistics on the number of beneficiaries of paid educational leave for the various educational purposes specified.

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

The Committee notes the Government's first two reports on the application of the Convention. While it appreciates the substantial information supplied, the Committee notes that its reports relate to policies and programmes on education and vocational training in general, and on objectives and achievements in this field, rather than on the effect given to the provisions of the Convention, the specific purpose of which is to promote the granting of paid educational leave as defined in Article 1.

The Committee would be grateful if the Government would supply full information in reply to each question on the report form. In particular, please describe in what way paid educational leave is granted in practice for each of the educational purposes provided in Article 2, specifying the conditions for granting leave, its duration and the level of financial benefits paid.

The Government might find it useful to refer to the developments described in regard to paid educational leave in its 1991 General Survey (paragraphs 325 to 460) which might possibly assist understanding the requirements of the Convention and in preparation of the report.

[The Government is asked to report in detail in 1998.]