Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

Case No 2470 (Brazil) - Complaint date: 01-DEC-05 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 26. The Committee examined this case concerning allegations of anti-union discrimination and the establishment of a body of workers’ representatives parallel to the Unified Trade Union of Chemical Industry Workers (Vinhedo Region) at the instigation of the company, and non-recognition of the National Trade Union Committee. At the last examination of the case at its March 2009 meeting, the Committee noted with interest the remedial measures ordered by the court against practices of anti-union discrimination and asked the Government to ensure that the principles of freedom of association are respected at the company Unilever. Furthermore, while noting the agreement concluded between the Office of the Public Prosecutor for Labour and the enterprise group, it asked the Government to provide information on the consideration given to the refusal to recognize the National Trade Union Committee and the alleged establishment of a body of parallel workers’ representatives in the context of the judicial investigations and rulings [see 353rd Report, paras 423–430].
2. 27. In a communication dated 30 March 2009, the Single Central Organization of Workers of Brazil (CUT) and the Unified Trade Union of Chemical Industry Workers (Vinhedo Region) allege that the company IGL Industrial Ltd of the enterprise group is not complying with the abovementioned judicial agreement and has engaged in new anti-union practices. Specifically, the complainant organizations allege that: (1) trade union official Mr José Santana de Lima has been subjected to harassment and received a verbal warning for absenting himself from the workplace in order to participate in a trade union activity; (2) the company is restricting and obstructing the taking of trade union leave by union officials; (3) it is failing to comply with the collective agreement by not providing the union with documentation on industrial accidents; and (4) the company continues to fail to recognize the National Trade Union Committee of Unilever Brazil.
3. 28. In a communication dated 29 July 2009, the Government again sends a copy of the judicial agreement of October 2008 between the Office of the Public Prosecutor for Labour and the enterprise group.
4. 29. The Committee urges the Government to send detailed observations without delay on the previous recommendations and with respect to the new allegations presented by the complainant organizations.