Definitive Report - Report No 313, March 1999

Case No 1982 (Brazil) - Complaint date: 04-AUG-98 - Closed

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Allegations: Suspension of a trade union leader

77. The complaint in this case was submitted in a communication from the Single Central Organization of Workers (CUT) dated 4 August 1998. The Government sent its comments in a communication dated 20 October 1998.
78. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

79. In its communication dated 4 August 1998, the Single Central Organization of Workers (CUT) alleges that, in flagrant violation of the principles of freedom of association, the management of the enterprise Volkswagen do Brazil Ltd. suspended Mr. Renan Cavalcante Santana, a member of the works council, and conducted an inquiry, claiming that he had committed a serious fault. The complainant organization indicates that Mr. Santana had been working in the enterprise for 25 years and was discharging his second mandate in the works council which had been established on the basis of a collective agreement. According to the complainant organization the enterprise argued that the trade union leader was trying to destabilize internal harmony by criticizing and questioning enterprise decisions in his capacity as trade union leader.

80. In its communication dated 20 October 1998, the Government states that the parties to the dispute, the enterprise Volkswagen do Brazil Ltd. and Mr. Renan Cavalcante Santana, reached a settlement terminating Mr. Santana's contract of employment and regulating other related issues, which was ratified by the fifth Board of Conciliation and Judgement of San Bernardo del Campo. The settlement was concluded freely and spontaneously by the parties; the enterprise undertook to compensate Mr. Santana and to provide him with the instrument rescinding his contract, in order to enable him to withdraw his deposits from the length of service guarantee fund and apply to the competent authority for the unemployment insurance guide and the request for the payment of unemployment insurance. Following the payment of the compensation, the enterprise and the trade union leader would consider the contract of employment to be terminated. Lastly, the Government states that the settlement reached was endorsed by the judicial authorities in order for its legal and regulatory effects to apply. (The Government annexes to its reply a copy of the settlement record concluded by the parties before the Board of Conciliation and of the decision of the Regional Labour Court of the second region of San Pablo.)

81. The Committee observes that in this case the complainant organization alleged the suspension of the trade union leader, Mr. Renan Cavalcante Santana, from the Volkswagen do Brazil Ltd. enterprise for having criticized and questioned enterprise decisions in his capacity as trade union leader.
82. The Committee observes the Government's statements that: (1) the parties to the dispute reached a settlement ratified by the fifth Board of Conciliation and Judgement of San Bernardo del Campo; (2) the settlement was concluded freely and spontaneously by the parties; (3) the enterprise undertook to compensate Mr. Santana (53,200 reales) and to provide him with the instrument rescinding his contract, in order to enable him to withdraw his deposits from the length of service guarantee fund and apply to the competent authority for the unemployment insurance guide and the request for the payment of unemployment insurance; and (4) following the payment of the compensation, the enterprise and the trade union leader would consider the contract of employment to be terminated.
83. Given these circumstances, observing that the complainant organization has sent no additional information criticizing the court settlement concluded between the enterprise and the trade union leader, the Committee considers that there is no need to continue with an examination of this case.

84. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination.