Dock Work Convention, 1973 (No. 137) - Brazil (Ratification: 1994)

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

Article 2(2) of the Convention. Employment for dockworkers. In its previous comments, the Committee noted that under the sole paragraph of section 43 of the Docks Act (No. 12.815 of 2013), remuneration, definition of duties, composition of shifts, multifunctionality and other conditions of work for casual dockworkers shall be the subject of negotiations between the representative bodies of casual dockworkers and the port operators. The Committee asked the Government to indicate the minimum periods of employment and minimum income guaranteed to casual dockworkers as a result of the negotiations provided for in the above-mentioned section of Act No. 12.815. The Government indicates in its reply that these matters are covered by collective agreements and even though these agreements are recorded in a Ministry of Labour database, there are no statistics on this subject. In order to enable a better appraisal of the manner in which effect is given to this provision of the Convention, the Committee requests the Government to provide examples of collective agreements that it considers relevant in view of the quota of casual dockworkers and the importance of the docks concerned, and which give effect to section 43 of Act No. 12.815 by establishing minimum periods of employment or minimum income for casual dockworkers.

Application in practice. The Committee notes the Government’s indication regarding the consolidation work undertaken by the Ministry of Labour to determine the number of dockworkers listed in the registers of the Port Labour Management Boards (OGMOs). According to the Government, this work was due to be completed in September 2017. The Committee hopes that this consolidation work will enable the Government to obtain the information requested regarding changes in the number of dockworkers in the country’s docks, disaggregated by age and sex and specifying those who are regarded as casual dockworkers. The Committee hopes that the Government will be able to provide such information in the near future. The Committee also requests the Government to continue providing information on the work of the Standing Forum for Dockworker Training, which, according to the Government, is being restructured pursuant to Ordinance No. 838/2017 after a period of inactivity.

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

The Committee notes the Government’s reply to the observations of the National Federation of Dockworkers (FNP), received on 1 August 2014, to which it referred in its previous comment.

Article 1 of the Convention. Definitions. The FNP previously stated that the new definition of trabalhadores conferentes de capatazia (dockside checking clerks) established in the new Docks Act (Act No. 12.815 of 5 June 2013) was not in conformity with the Convention, citing the fact that a reference to “public facilities” had been removed from the list of activities under the heading of capatazia (wharfage). The Government indicates in its reply that both Act No. 8630 of 1993 and the new provisions of Act No. 12.815 of 2013 consider that all activities performed by dockworkers fall within six categories, namely: capatazia (wharfage), estiva (stowage), conferência de carga (cargo checking), conserto de carga (cargo repair), bloco (maintenance) and vigilancia de embarcações (ship surveillance) (section 40 of Act No. 12.815). The Government adds that, in the new Docks Act, the activities listed under the heading of capatazia (defined in section 40(1)(I) of Act No. 12.815) are not to be confused with those defined as conferência de carga (defined in section 40(1)(III) of Act No. 12.815). The Government indicates that confusion must be avoided between conferência de carga e descarga (shipside cargo checking), which occurs when the vessel berths in the port, and conferência de capatazia (dockside cargo checking), which occurs after the stowage work is complete and the goods are already unloaded. The Government adds in its report that when the new Docks Act was discussed in the National Congress, there was extensive participation by the social partners, including representatives of the FNP and other occupational organizations. The Committee notes that section 40 of Act No. 12.815 indicates that both capatazia and conferência de carga shall be carried out by dockworkers holding employment contracts of indefinite duration or by casual dockworkers (trabalhadores portuários avulsos). The Committee notes that the provisions of the Convention are applied in Brazil through the national legislation and observes that capatazia and conferência de carga are both included in the activities that the national legislation defines as dock work. As regards revising the terms “dockworkers” and “dock work”, the Committee recalls that the employers’ and workers’ organizations concerned must be consulted, or their participation sought, with respect to such definitions, and new cargo-handling methods and their effect on the various dockworker occupations must also be taken into account. The Committee requests the Government to continue providing information on any revision of the definitions of the terms “dockworkers” and “dock work” established by national law and practice.

Article 2. Employment for dockworkers. The Committee notes that the sole paragraph of section 43 of Act No. 12.815 refers to Article 2(2) of the Convention and this section stipulates that remuneration, definition of duties, composition of shifts, multifunctionality and other conditions of work for casual dockworkers shall be the subject of negotiations between the representative bodies of casual dockworkers and the port operators. The Committee requests the Government to indicate the minimum periods of employment and minimum income guaranteed to casual dockworkers as a result of the negotiations provided for in Act No. 12.815.

Application in practice. The Committee requests the Government to provide information on trends in the number of dockworkers in national ports, indicating the number of dockworkers listed in the registers of the Port Labour Management Boards (OGMOs) disaggregated by age and sex, and specifying those who are regarded as casual dockworkers. The Committee also requests the Government to supply information on the activities of the Standing Forum for the Training of Dockworkers established by the new Docks Act.

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

Article 1 of the Convention. Definitions. Consultation of the organizations concerned. The Committee notes the observations of the National Federation of Dockworkers (FNP) received in June 2014 expressing concern at the new definition of “trabalhadores conferentes de capatazia” and other matters covered by Act No. 12815 of 5 June 2013, issuing new regulations on port activities. The Committee requests the Government to provide its comments in respect to the FNP’s observations. Please provide the information requested in the report form so that the Committee is in a position to examine the extent to which Act No. 12815 ensures the application of the Convention.

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

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

National policy to ensure permanent or regular employment for dockworkers. The Committee notes the Government’s report received in October 2012. The Government indicates that some 22,000 dockworkers are registered with the Port Labour Management Body (OGMO). For the Labour Inspectorate for Ports and Waterways, 15 regional coordinating offices have been established covering the country’s main ports, and have 53 labour auditors/inspectors. Furthermore, a division of the Labour Inspectorate for Ports and Waterways has been set up in the Labour Inspection Secretariat of the Ministry of Labour and Employment. The Government explains that the reason why so many workers are still registered although they have another job is that they hope to obtain compensation by opting out of the system, and that this artificially boosts the numbers of registered dockworkers. In that regard the Government also indicates that, for employers to carry out a voluntary separation or early retirement programme, the help of government incentives will be required. The Committee notes that negotiations are still under way in the Permanent National Ports Commission (CNPP) in the quest for the adoption of negotiated measures to further the application of the Convention. The Committee notes the decision handed down by the Higher Labour Court (TST) in Case No. DC-174611/2006 ruling that, in hiring dockworkers for an indefinite period, port operators must give preference to workers registered with the OGMO. The TST also ruled that if vacancies remained, operators would be free to hire dockworkers directly. Since the publication of the decision on 17 August 2007, between September 2007 and June 2012, the Labour Inspectorate for Ports brought proceedings against 74 port operators in order to give full effect to the operative part of the judgment. The Committee hopes that tripartite dialogue will continue to encourage all those concerned to further the application of the Convention. The Committee invites the Government in its next report to provide up-to-date information on the number of dockworkers and on the results obtained through tripartite cooperation in improving the efficiency of dock work.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

National policy to ensure permanent or regular employment for dockworkers. The Committee notes the detailed information sent by the Government in a report received in October 2007 in reply to its observation of 2006, which expressed the concern of three dockworkers’ unions of the port of Suape in the State of Pernambuco (FENCCOVIB, FNE and FNP) and also reflected the situation in the port of Vila Velha in the State of Espírito Santo. The Government indicates that the labour inspectorate, with the collaboration of the Labour Prosecutions Office, put pressure on the port operator to regularize the contractual situation of the workers concerned. In an agreement judicially approved at the request of the Labour Prosecutions Office, it was agreed that some 350 dockworkers who had been registered by the OGMO (manpower management agency) would remain under contract with the port operator. The Labour Prosecutions Office emphasized the priority entitlement which has to be granted to registered casual dockworkers (trabalhadores portuários avulsos) for obtaining permanent employment in enterprises, with fair conditions of work that have been previously agreed with the respective union of registered workers (Opinion No. DC-174611/2006-000-00.5 of 22 February 2007 issued by the Regional Labour Prosecutor and Deputy National Dock Work Coordinator of the Labour Prosecutions Office). The Government adds that the port operator was obliged to stop contracting workers who had not been registered but the supply of work in the port of Suape decreased, and this was the situation which gave rise to the complaints from the workers’ organizations. According to the Government, an outcome was achieved which is practically in conformity with Article 2, paragraph 1, of the Convention since regular work was ensured for 350 dockworkers who had previously been registered with the OGMO. Nevertheless, the Committee notes that, according to the Government’s report, some port operators still hire non-registered workers and that the National Permanent Ports Commission, after several meetings, has not reached consensus on the hiring of dockworkers on a permanent basis. The Committee thus welcomes the efforts of the Labour Inspection and the Labour Prosecutions Office and hopes that the Government will be able to inform in its next report on the outcomes of those actions and on any other significant progress made on the application of the Convention in all ports.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the communication from three dockworkers’ unions of the port of Suape, in the State of Pernambuco (FENCCOVIB, FNE and FNP), which was forwarded to the Government in February 2006. According to these unions, as of 16 May 2004, a private port operator stopped hiring dockworkers registered in the registry (trabalhadores portuários avulsos em sistema de rodízio) and proceeded to hire 250 workers under precarious conditions. The dockworkers’ unions maintain that the hiring carried out by the private port operator is inconsistent with the national legislation relating to ports and with the provisions of both Convention No. 137 and the Dock Work Recommendation, 1973 (No. 145). The affected workers in the port of Suape should receive compensation for the involuntary unemployment imposed upon them by the use of new technology in the handling of cargo. The Committee notes that the Government has not provided its observations regarding the issues raised by the dockworkers’ unions of the port of Suape. The Committee refers back to its 2004 observation, which also reflected the concern of a dockworkers’ union of the Vila Velha port terminal in the State of Espíritu Santo. The Committee asks the Government to provide information, in its report due in 2007, on the manner in which the Convention is applied in all ports in the States of Espíritu Santo and Pernambuco and on the steps taken to overcome the difficulties referred to by the unions. The Committee hopes that the Government will be able to provide detailed information on the results achieved at the tripartite level to give effect to the provisions of Articles 2 and 5 of Convention No. 137, including information on achievements under the Integrated Programme for the Modernization of National Ports (Part V of the report form).

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

1. The Committee notes the observations by the dockworkers’ union Intersindical da Orla Portuária do Estado do Espírito Santo (ES), forwarded to the Government in February 2004, and the Government’s comments thereon received in October 2004. The abovementioned union recalls the provisions of Act No. 8630 and those of Convention No. 137 and asserts that in the Vila Velha port terminal, which is under private administration, the principles laid down in the Convention are not being observed and that there are no decent working conditions. It states that in the Vila Velha terminal, workers are being hired who are not qualified for dock work and are not registered in the "cadastro" established in the national legislation. In the interests of lower and competitive prices, pay is much lower and working conditions very precarious, all of which amounts to a form of social dumping. In its observations the Government recalls the applicable national legislation adopted to give effect to Convention No. 137, and indicates that the federal Government is taking steps to integrate the activities of all the public bodies concerned by dock work, focusing in particular on negotiation between the social partners and giving practical effect to the specific occupational safety and health standards that apply to dock work. The Government states that a Standing National Committee has been established (September 2003) and formed (March 2004) as a tripartite forum for reaching consensus on issues pertaining to labour relations and occupational safety and health in dock work. The activity of the above committee should serve to strengthen nationwide the institutional model of Act No. 8630 and of the international labour standards on dock work (Convention No. 137 and Recommendation No. 145).

2. The Committee refers to the comments it has been making for many years in which it has reflected the worries of the trade unions concerned. The Committee hopes that in its next report the Government will be in a position to provide more detailed information on the manner in which the Convention is applied in all ports of the State of Santo Espírito, and to report on the measures adopted to overcome the difficulties referred to by the aforementioned Intersindical Portuária. The Committee refers in particular to its observation of 2003 and hopes that the Government will be able to provide information on the results achieved at the tripartite level to give effect to the provisions of Articles 2 and 5 of the Convention, including information on achievements under the Integrated Programme for the Modernization of National Ports (Part V of the report form).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. With reference to its previous comments, the Committee notes the Government’s detailed report received in November 2002. The Government indicates that the Manpower Management Agency (OGMO) has registered around 30,000 dockworkers (17,000 workers registered and 13,000 workers inscribed in the cadastro), most of whom are concentrated in the port of Santos (11,000 workers). The Government has maintained the functions of the Special Group for the Roving Supervision of Dock Labour (GEFMPT) and the Special Unit of the Labour Inspectorate for Ports and Waterways with a view to ensuring compliance with the applicable national legislation (and particularly Acts Nos. 8630 of 1993 and 9719 of 1978). A permanent core of 60 labour inspectors has been created in 17 ports for the inspection of the conditions of work, safety and health of dockworkers. The Committee notes with interest the efforts made by means of dialogue between the Government and the social partners to improve the application of the Convention.

2. Articles 2 and 5 of the Convention. With reference to its 1999 observation, the Government indicates in its report that the principal obstacle to ensuring that all dockworkers are assured minimum periods of employment or a minimum income is the surplus labour supply existing in ports. The Committee notes with interest that a solution to the problem is being negotiated in a national tripartite commission established as a result of the Southern Cone Project, an ILO technical assistance project for the countries of the Southern Cone of Latin America in the context of the programme for the follow-up of the 1998 Declaration on Fundamental Principles and Rights at Work and its Follow-up, in relation to freedom of association. The objective of the project was to improve industrial relations in the port sector by implementing a national tripartite plan of action (see paragraph 89 of the 2002 General Survey). The Committee notes the reports of the tripartite meetings of 20 February and 19 March 2002 and requests the Government to continue providing information on the results achieved in a tripartite context to give effect to the Convention.

3. The Government also indicates that the social partners have encountered difficulties in making progress in the negotiations. For the employers, a reduction of teams with a view to lowering costs is an essential condition for making progress in the negotiations. The workers’ organizations are subject to pressure in view of the great surplus of labour supply. In this context, the Government refers in its report to Bill PL-6021/2001, submitted in December 2001, intended to establish general standards for the creation in organized ports of programmes to promote the retirement and abolish the registration or inscription (cadastro) of occasional port workers (trabalhadores portuários avulsos). The Committee understands that the Executive Authority withdrew the above Bill in December 2002. The Committee therefore hopes that the Government will continue providing detailed information in its next report on the tripartite efforts made to overcome the difficulties that are being experienced in the port sector, including information on the progress achieved within the framework of the Integrated Programme for the Modernization of National Ports (PIMOP) (Part V of the report form).

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

1. Further to its previous observation, the Committee notes the information contained in the two communications addressed to the ILO by the Trade Union of Stevedores of Santos, Sao Vicente, Guarujâ and Cubatao, and the Government's detailed comments in reply to the above observations.

2. As the Committee's previous comments indicate, the issues which arise under the Convention concern the practical application of Act No. 8630 of 23 February 1993 and the implementation of an overall scheme to modernize the port sector through an Integrated Programme for the Modernization of National Ports (PIMOP). The trade unions have previously made a number of complaints concerning alleged precarious employment of casual workers who are registered despite the safeguards contained in the legislation; the failure of a number of private shipowners to negotiate and conclude collective labour agreements on port workers; the refusal of some private shipowners to have recourse to workers registered in the Manpower Management Agencies (OGMO) and finally the alleged apathy of the Government regarding these issues.

3. The Trade Union of Stevedores of Santos, Sao Vicente, Guarujâ and Cubatao in its recent communication states that the tendency for the employment of dockworkers to become more precarious has not been reversed. Furthermore, the trade unions continue to encounter the refusal of private shipowners to conclude collective agreements on port workers. The trade union adds that the information provided by the Government to the 86th Session of the International Labour Conference concerning the establishment of a "roving mediation unit" in the port sector is false and that, in practice, the supervisory body which has been established does not defend the interests of dockworkers.

4. In its detailed communication and reply, the Government indicates that its representative at the said International Labour Conference through an error of terminology and interpretation, made reference to a roving mediation unit as opposed to a roving supervisory unit called the Special Group for the Roving Supervision of Dock Labour (GEFMPT).

5. With regard to the operation of GEFMPT, the Government indicates that it was founded under the auspices of the Ministry of Labour and Employment with coordination and assistance through other bodies, and its function is to protect and promote the rights of dockworkers and one of its implicit objectives is to promote a direct understanding and communication between the parties in dispute. Further, the Government indicates that the purpose of the GEFMPT's activities has always been to serve as a means of guaranteeing workers' rights and that anybody alleged to have failed to comply can submit a complaint by administrative appeal setting out the grounds of complaint. In addition the Constitution gives the interested party the right to invoke the jurisdictional protection to protect his interests in the disputed legal situation.

6. In addition the Government refers to having stepped up its activities particularly with regard to implementing measures to encourage and promote voluntary negotiation using collective agreements. It referred to the issuing of Interim Measure No. 1.750-47 of 11 February 1999 which in conjunction with Decree No. 1.572 of 28 July 1995, regulates mediation on collective bargaining.

7. The Government also comments on why in its view collective bargaining between the worker and the employer dock union bodies does not "occur under optimum conditions". The Government cites in particular that notwithstanding the Labour Tribunal decisions which recognize the legal function and obligation of the OGMOs to allocate casual workers by shifts, the trade unions representing dockworkers still objected to this process by arguing that the legislation did not mention the term "to allocate" but instead referred to "administer the supply of labour", which they claimed was different. In order to remove any doubts as to the function of OGMOs, the Government issued Interim Measure No. 1.728-19 of 11 November 1998 which specifically referred to "the allocation of workers by shifts will be carried out by the labour administrative body". The Government views the resistance of the trade unions to such allocation as reflecting a determination on their part to maintain a monopoly over the supply of labour.

8. The Committee understands that the modernization of national ports is a difficult and delicate matter which requires dialogue between all the relevant parties. Appreciating all the matters which have been stated by the Government, the Committee again requests that, in accordance with the requirements of Article 2, paragraph 2, of the Convention, the Government indicate in its next report the manner in which the allocation of dockworkers, particularly casual workers, assures minimum periods of employment or a minimum income.

9. It also requests the Government to indicate the measures it has adopted or intends to adopt to encourage greater cooperation between port operators and their organizations and workers' organizations, in accordance with the requirements of Article 5, and the measures which have been taken or are envisaged to overcome the difficulties which have once again been alleged to exist in concluding collective labour agreements. The Committee also requests information as to the effectiveness of the GEFMPT in fulfilling its role in practice. The Government is finally requested to indicate, in accordance with Part V of the report form, the manner in which the Convention is applied in practice, with the inclusion for example of the available information on the number of dockworkers on the registers kept by the OGMOs in certain organized ports and changes in their numbers over the period covered by the report, as well as by providing examples of the disputes referred to the GEFMPT.

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

1. Further to its previous observation, the Committee notes the information contained in the Government's first two reports, the observations made by the Federation of Dock Workers, the Stevedores' Trade Union of Santos, Sao Vicente, Guarujâ and Cubatao, the Stevedores' Trade Union of Sao Sebastiao, the Trade Union of Stowers of Sao Sebastiao, the Inter-Occupational Trade Union of Casual Workers of the Itajaí Coast, the Boatmen of the Florianópolise de Santa Catarina Region, the National Federation of Stevedores and the National Federation of Foremen, Workers responsible for Loading and Unloading, Port Watchmen, Sectoral Workers and Stowers, and the Government's responses to these observations. Finally, the Committee notes the communication of the Trade Union of Stevedores of Santos, Sao Vicente, Guarujâ and Cubatao received in the ILO during the present session of the Committee and will examine the matters raised, along with any comments made by the Government, at its next session.

2. In a communication addressed to the ILO in March 1996, the Federation of Dock Workers states that the policy of the privatization of ports pursued by the Government since the adoption of Act No. 8630 of 23 February 1993 issuing provisions on the legal framework for the operation of organized ports and port installations, and its related decrees, has resulted in waves of summary dismissals of dockworkers, including, for example, the dismissal of 112 workers in the port of Vitoría.

3. In their respective communications addressed to the ILO in 1997, the Stevedores' Trade Union of Santos, Sao Vicente, Guarujâ and Cubatao, the Stevedores' Trade Union of Sao Sebastiao and the Trade Union of Stowers of Sao Sebastiao make a number of allegations. The unions state that the legislation adopted since 1993 with respect to dock work, under cover of modernizing the sector, has resulted in significant job loss for casual workers and has reduced the strength of their trade unions. The unions assert that by abolishing all the customs followed in the port sector, the new legislation violates the principles set out in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The unions state that the Act has also made far-reaching changes in the system of the placement of dockworkers by requiring their registration on the registers maintained by the Manpower Management Agencies (OGMO) established in each port (section 18 of Act No. 8630). They alleged that this system has made the employment of unregistered workers very precarious and violates the provisions of this Convention, as well as those of the Termination of Employment Convention, 1982 (No. 158).

4. In their communications addressed to the ILO in May 1997, the Inter-Occupational Trade Union of Casual Workers of the Itajaí Coast, the Boatmen of the Florianópolise de Santa Catarina region, the National Federation of Stevedores and the National Federation of Foremen, Workers responsible for Loading and Unloading, Port Watchmen, Sectoral Workers and Stowers, state that Act No. 8630, and the decrees on port activities adopted thereafter, are as a whole in conformity with the spirit of the Convention in so far as these instruments provide, on the one hand, that each dockworker, without distinction on the grounds of the permanent or non-permanent nature of his employment relationship, shall be registered (section 18 of Act No. 8630) and, on the other hand, that priority for employment shall be accorded to registered dockworkers (section 26 of Act No. 8630). However, these trade unions report that employment of casual workers who are registered is more precarious despite the safeguards contained in the Act, such as section 26 above. Furthermore, they state that a number of private shipowners refuse to negotiate and conclude collective labour agreements on port workers as provided for in articles 19, 22 and 29 of Act No. 8630. Moreover, private shipowners refuse to have recourse to workers registered in the OGMOs of their respective ports and employ non-skilled workers, thereby jeopardizing safety and health standards, in violation of the requirements of the legislation and the Convention. Finally, these trade unions are strongly critical of the apathy of the Government in relation to the sometimes violent disputes caused by such practices.

5. In its first two reports, and in the comments made in reply to the allegations of the trade union organizations, the Government states that the adoption of Act No. 8630, which substantially modifies the legislation and customs followed in the port sector, forms part of an Integrated Programme for the Modernization of National Ports (PIMOP) designed to stimulate the activities of ports in the country. The Act provides a legal basis for the operation of ports and their installations, and for the administration of dockworkers. A Port Modernization Executive Group (GEMPO) was set up in 1995 to supervise the implementation of the above Programme. The Government indicates that although Act No. 8630 provides for a deregulation of industrial relations in the port sector (sections 19, 22 and 29), it nevertheless contains a number of provisions to protect the employment of workers in so far as possible (sections 26 and 70). The Government also states that it is endeavouring to address practical difficulties in the application of the Act through dialogue, and particularly the difficulties raised by trade union organizations. For this purpose, tripartite consultations and seminars, prepared with the technical assistance of the ILO and bringing together all the actors in the sector, were organized in 1996 and 1997. As a result, additional protection measures were adopted for casual workers. These measures include the implementation of an active policy of labour inspection in ports. Finally, a tripartite committee on the application of the Convention and the Dock Work Recommendation, 1973 (No. 145), was established in 1997 to bring the national legislation fully into conformity with these instruments.

6. The Committee takes due note of the explanations provided by the Government. The Committee notes that, in so far as the national legislation on ports and in particular Act No. 8630, Chapter IV, requires registration of dockworkers, both permanent and casual, to be maintained by OGMO, the legislation appears to accord with Articles 2 and 3 of the Convention. However, the Committee is concerned about its practical application. The Committee notes the particularly high number of complaints received from trade union organizations representing dockworkers relating to the difficulties of applying the Act in practice. It therefore requests the Government to indicate in its next report the manner in which the placement system administered by the OGMOs, created by the Act, assures minimum periods of employment or a minimum income to all dockworkers, in accordance with the requirements of Article 2, paragraph 2, of the Convention. Please also indicate the measures which have been taken in accordance with the requirements of Article 5 to encourage greater cooperation between port operators or their organizations and workers' organizations to overcome the alleged difficulties in concluding the collective labour agreements required by Act No. 8630 in sections 19, 22 and 29. The Government is also requested to indicate, in accordance with point V of the report form, the manner in which the Convention is applied in practice, by providing, for example, the available information on the number of dockworkers on the registers maintained by the OGMOs in certain organized ports and the changes in these numbers over the period covered by the report. Finally, the Government is requested to keep the ILO informed of the outcome of the work of the tripartite committee on the application of the Convention and Recommendation No. 145.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Committee notes the Government's first two reports received in September 1996 and August 1997, and the information appended. It also notes the observations made by the following organizations: Federaçâo nacional dos portuários, Sindicato de estivadores de Santos, Sao Vicente, Guarujá e Cutatao, Sindicato dos estivadores de Sao Sebastiao, Sindicato dos arrumadores de Sao Sebastiao, Intersindical dos sindicatos dos trabalhadores avulsos da orla portuária de Itajaí, Navigantes, Florianópolise regiao de Santa Catarina, Federaçao nacional dos estivadores, and Federaçao nacional dos conferentes e consertadores de carga e descarga, vigias portuários e trabalhadores de bloco e arrumadores, as well as the Government's replies.

In view of the large amount of materials to be scrutinized, the Committee will duly examine these matters at its next session in 1998.

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

The Committee notes that the Office received in September 1996 the Government's first report on the application of the Convention. In March 1996 the Federaçao Nacional dos Portuários transmitted observations on the application of the Convention, to which the Government replied last October. The Committee proposes to examine these matters at its session in 1997.