Human Resources Development Convention, 1975 (No. 142) - Brazil (Ratification: 1981)

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

Long-term education, training and apprenticeship policies. The Committee notes the information provided by the Government concerning the Apprenticeship Programme (Aprendizagem Profissional), established by Act No. 10.097/2000 and regulated by Decree No. 5.598/2005, which establishes parameters for the hiring of apprentices. The Government indicates that the Apprenticeship Programme is an institution for the technical and vocational training of young people from 14 to 24 years of age (except in the case of persons with disabilities for whom there is no upper age limit) who are hired as apprentices and entitled to vocational training in an approved institution, which allows companies to train a skilled workforce, creating opportunities both for apprentices and companies. The Committee notes that the current legislation requires medium-sized and large enterprises to employ young people of between 14 and 24 years of age, or persons with disabilities with no age limit, as apprentices, with quotas ranging between 5 and 15 per cent per establishment. The Committee also notes that, in the case of micro- and small enterprises, the hiring of apprentices is voluntary. The Committee notes the theoretical and practical activities that make up the technical and vocational training model for apprentices, as well as the number of class hours and topics addressed in vocational apprenticeship courses. The Committee also notes the information provided by the Government on the number of apprentices admitted between 2005 and 2018 and the number admitted in 2016, 2017 and 2018, disaggregated by economic activity of the employer, sex, occupation and recruitment potential. In addition, the Committee takes note of the Brazilian Social and Vocational Skills Programme (Qualifica Brasil), for the promotion of vocational training and certification under the unemployment insurance programme (Programa Seguro-Desemprego), which is an integral part of the national employment service. The Committee notes that the programme has three specific objectives, namely: to increase the employability of workers, increase their productivity and income and contribute to the country’s economic and social development. Furthermore, the Committee notes that the programme has four components, namely: the development of training projects (vocational training courses in the form of initial and further training (Formação Inicial e Continuada (FIC)); distance learning, through the School for Workers platform (Plataforma Escola do Trabalhador), where 21 refresher courses are currently available; the Training Passport (Passaporte Qualificação), which promotes the creation of collaborative networks between the Ministry of Labour and various training institutions so that workers have access to courses free of charge; and a vocational certification (Certificação Profissional), which recognizes knowledge, skills and experience. The Committee also notes the categories of persons with priority eligibility for the programme, as well as the minimum number of class hours and basic content of the courses provided. Lastly, the Committee notes that the courses developed in the context of Qualifica Brasil, whether distance learning or classroom-based, are offered on the basis of a survey of demand for social and vocational training, which aims to identify demand for vocational training by region in order to better serve the labour market, increase employability and improve working conditions for workers. The Committee requests the Government to continue to provide updated and detailed information, including statistics disaggregated by age and sex, on the impact of the policies and programmes implemented in respect of vocational guidance and training and to continue to describe how it ensures that the guidance and training systems meet the lifelong learning and vocational training needs of persons with special needs and of all sectors of the economy.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2004 comments, which read as follows:

Lifelong education and training policies. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), and notes with interest that the National Skills Plan 2003-07 defines, in accordance with international discussions in the context of the ILO, social and vocational skills as an indispensable right and requirement to guarantee decent work for men and women. The Committee notes the detailed information provided by the Government in its report received in September 2003 in which it indicates that the National Workers’ Training Plan (PLANFOR) proposed the provision of vocational training on an annual basis for at least 20 per cent of the active population, thereby contributing to increasing its employability and income, raising productivity and competitiveness and reducing poverty. During the period 1995-2002, PLANFOR secured the provision of vocational training for 16.1 million persons, 90 per cent of whom were unemployed or in a precarious employment situation. The Government expresses its intention of reaching out, through vocational training measures, to the “hard core of social exclusion”. The Government also refers to the advice received from the ILO for the formulation of strategies and methodologies relating to the new aspects of vocational training. The Committee would be grateful if the Government would continue to describe, in its next report, the manner in which vocational guidance and training systems cover the continuing vocational learning and training needs of persons with specific needs and in all sectors of the economy. In this respect, the Government may find it useful to refer to the provisions of the recent Human Resources Development Recommendation, 2004 (No. 195).

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

Lifelong education and training policies. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), and notes with interest that the National Skills Plan 2003-07 defines, in accordance with international discussions in the context of the ILO, social and vocational skills as an indispensable right and requirement to guarantee decent work for men and women. The Committee notes the detailed information provided by the Government in its report received in September 2003 in which it indicates that the National Workers’ Training Plan (PLANFOR) proposed the provision of vocational training on an annual basis for at least 20 per cent of the active population, thereby contributing to increasing its employability and income, raising productivity and competitiveness and reducing poverty. During the period 1995-2002, PLANFOR secured the provision of vocational training for 16.1 million persons, 90 per cent of whom were unemployed or in a precarious employment situation. The Government expresses its intention of reaching out, through vocational training measures, to the "hard core of social exclusion". The Government also refers to the advice received from the ILO for the formulation of strategies and methodologies relating to the new aspects of vocational training. The Committee would be grateful if the Government would continue to describe, in its next report, the manner in which vocational guidance and training systems cover the continuing vocational learning and training needs of persons with specific needs and in all sectors of the economy. In this respect, the Government may find it useful to refer to the provisions of the recent Human Resources Development Recommendation, 2004 (No. 195).

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

1. The Committee notes the Government's report which states that the Ministry of Labour has a proposal for vocational education coordinated with labour and wages policy. The aim is to eliminate illiteracy among young people and adults, and at the same time to guarantee availability of vocational training sufficient to allow at least 20 per cent of the economically active population to undergo training and retraining every year. The Committee observes, as the Government also notes in its report, that these objectives are closely linked to employment policy. With reference to its comments on the application of the Employment Service Convention, 1948 (No. 88) and the Employment Policy Convention, 1964 (No. 122), the Committee would be grateful if the Government would continue to describe the methods used to put into practice comprehensive and coordinated policies and programmes in the field of vocational guidance and training and their relationship with employment and the public employment services (Article 1, paragraphs 1 to 4, of the Convention).

2. The Committee notes with interest the information on the National Programme of Worker Training (PLANFOR), and the assessment of the programme, provided by the Government with its report. The Committee trusts that the Government will continue to supply information on the manner in which the systems of vocational guidance and vocational training are made to meet lifelong vocational training needs in all sectors of the economy (Articles 3 and 4).

3. The Committee notes the observations of the Union of Railway Enterprises Workers, area of Mogiana concerning the situation of apprentices at one company, and the detailed reply sent by the Government. The Committee again refers to Article 4 of the Convention and to the provisions of Paragraph 16 and subsequent Paragraphs of Recommendation No. 150, and would be grateful if the Government would include in its next report information on the efforts made to ensure that all young people have the opportunity of initial vocational training.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. With reference to its previous observation, the Committee notes the Government's report, and a communication from the "Gaúcha" Association of Labour Inspectors, dated 8 February 1993, reiterating its allegations that the provisions of the Convention are not applied (in this connection the Committee refers the Government to paragraph 2 of its 1992 observation).

2. The Government indicates that, although the unfavourable economic environment has been a considerable setback for training, the National Industrial Apprenticeship Service (SENAI) and the National Commercial Apprenticeship Service (SENAC) continue to provide occupational training courses covering many sectors of economic activity, and that the National Rural Apprenticeship Service (SENAR) has been reestablished under the National Confederation of Agriculture and its activities were never interrupted. The Government also states that the various vocational training programmes are coordinated with the school system, for example a system of equivalences has been established between the various levels of school and vocational education. The Government also indicates that following the abolition in 1988 of the Federal Manpower Council, the Ministry of Labour established a tripartite committee to examine national training and manpower policy. The Committee asks the Government in its next report to state how the work of this committee contributes to the adoption and development of comprehensive and coordinated policies and programmes of vocational guidance and vocational training, in cooperation with employers' and workers' organizations, in accordance with Articles 1 and 5 of the Convention.

3. The Committee notes that the Government's report does not contain the information requested on the effect given to the provisions of Article 3. It recalls AGITRA's allegations that the systems of vocational guidance and continuing employment information are inadequate and do not supply any of the information specified by Article 3, paragraph 2 and 3. The Committee also notes that, in its 1992 report on the application of Convention No. 122, the Government indicates that the National Employment System (SINE) carries out guidance activities, but provides no further details. It trusts that in its next report the Government will provide full information on the measures taken to give effect to this Article.

4. The Committee also hopes that the next report will indicate the measures taken, in accordance with Article 4, to extend, adapt and harmonize vocational training systems. It asks the Government to provide all relevant extracts of reports, studies, surveys and statistics (Part VI of the report form).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee has taken note of the Government's report, which contains information in response to its previous direct request. It has also taken note of a double communication from the "Gaucha" Association of Labour Inspectors (AGITRA) dated 11 and 26 December 1991, a copy of which has been transmitted to the Government by letter of 10 January 1992 so that it may communicate its own observations on the points raised.

2. AGITRA makes allegations to the effect that none of the substantive provisions of the Convention have been put into effect. According to this organisation, the precariousness of the employment services and the abolition of the coordinating bodies at State level prevent the development of the comprehensive and coordinated programmes of vocational guidance and vocational training required by Article 1 of the Convention. The school system is not coordinated with other training activities and the National Rural Apprenticeship Service (SENAR) has been suppressed, contrary to the provisions of Article 2. The systems of vocational guidance, including continuing employment information, are inadequate and do not supply any of the information specified by Article 3, paragraphs 2 and 3. The reduction of vocational training programmes is contrary to Article 4, and the provisions of Article 5 concerning cooperation with employers' and workers' organisations in the formulation and implementation of policies and programmes are not applied. The trade union organisation also points to the coexistence of high unemployment with unfilled job vacancies, and to the adverse effects of restrictive economic and wage policies on the quality of labour.

3. The Committee notes that these allegations are made in the context of an administrative reform which has led to the abolition of certain bodies responsible for vocational training. It notes that the Government states in its report that the Labour Secretariat and the Federal Labour Council have been abolished and that the projects prepared by these two bodies have been suspended. With regard to the abolition of SENAR, the Government indicates that the establishment of a new SENAR has been approved by the Chamber of Deputies and is at present under examination in the Senate.

4. In view of the paucity of the information at its disposal, and pending the receipt of the Government's observations on the above-mentioned allegations, the Committee proposes to postpone to its next session the examination of the application of the Convention, which it will examine in conjunction with the application of Convention No. 122 (Employment Policy). It would therefore be grateful if the Government would supply full information on each of the provisions of the Convention in reply to the questions in the report form. The Committee trusts that the Government's report will establish the conformity of the policy pursued with the obligation to extend gradually the systems of vocational guidance and vocational training (Articles 3 and 4) in cooperation with employers' and workers' organisations (Article 5).

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Following its direct request in 1988, the Government has supplied documents concerning the plan of action for 1988 of the Manpower Secretariat and the report on the work of the Federal Human Resources Council. The Committee once again appreciates this information and hopes that the Government will provide details in its future reports on how the various current projects are being executed and on the progress achieved with a view to effective occupational guidance and information.

2. The Committee would be grateful if the Government would also supply information on the programmes carried out by the SENAI, the SENAC and the SENAR and on the outcome of the programmes referred to in the report for the period 1985-86 ("Formaóao para o trabalho do jovem" and "Treinamento e Reciclagem de Trabalhadores Desempregados").