Allegations: The complainant organizations raise objections to the measures adopted by the State Labour Prosecutor and to the decisions handed down by the judiciary revoking clauses in collective agreements referring to the payment of assistance contributions by all workers, including non-unionized workers, who benefit from a collective agreement; they also allege that the Office of the Public Prosecutor of São Paulo has initiated legal proceedings to prevent trade unions from engaging in protest action
- 309. The Committee last examined this case at its November 2010 meeting and on that occasion presented an interim report to the Governing Body [see 358th Report, paras 289–320]. At its meeting in June 2010, the Committee made an urgent appeal to the Government and drew its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body in its 184th Session (November 1971), it could present a report on the substance of this case at its next meeting if the Government’s observations or information had not been received in time. To date no information has been received from the Government.
- 310. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case
- 311. The Committee recalls that in its November 2010 meeting, it made the following recommendations [see 358th Report, para. 320]:
- (a) The Committee requests the Government to keep it informed of the outcome of the meetings between the CONALIS of the MPT and the representatives of the union confederations to discuss various issues such as those arising from the assistance contribution, and requests the Government to keep it informed with regard to the initiative to establish a tripartite Council of Industrial Relations. The Committee reminds the Government that it may call upon ILO assistance in seeking solutions that are satisfactory to all the parties concerned and are in conformity with the principles of freedom of association.
- (b) The Committee requests the Government to send its observations without delay on the allegation that the Office of the Public Prosecutor of São Paulo has initiated legal proceedings to prevent trade unions from holding strikes and engaging in protest action and, since it is a matter of concern to the country’s trade union confederations, to initiate a dialogue with the most representative employers’ and workers’ organizations on the issue. The Committee also requests the complainant organization to provide additional information and examples with regard to its allegations.
- (c) The Committee invites the Government to consider taking the necessary measures for the ratification of Convention No. 87.
B. The Committee’s conclusions
B. The Committee’s conclusions
- 312. The Committee regrets that, despite the time that has elapsed since the last examination of the case, the Government has not provided the information requested, despite being urged to provide its observations or information regarding the case on a number of occasions, including by means of an urgent appeal. Under these circumstances and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
- 313. The Committee reminds the Government that the purpose of the whole procedure is to ensure respect for trade union freedoms both in law and in fact; this Committee is therefore convinced that, as the procedure protects governments from unreasonable accusations, governments on their side should recognize the importance of formulating, for objective examination, detailed replies concerning the substance of the allegations made against them [see First Report of the Committee, para. 31].
- 314. Under these circumstances, the Committee finds itself obliged to reiterate the recommendations it made when it examined this case at its meeting in November 2010 [see 358th Report, para. 320]. The Committee expects that in the future the Government will actively cooperate by providing the information or observations requested.
The Committee's recommendations
The Committee's recommendations
- 315. In the light of its foregoing interim conclusions, the Committee again invites the Governing Body to approve the following recommendations:
- (a) The Committee once again requests the Government to keep it informed of the outcome of the meetings between the National Coordinating Body for the Promotion of Freedom of Association of the State Labour Prosecutor (CONALIS of the MPT) and the representatives of the union confederations to discuss various issues such as those arising from the assistance contribution, and requests the Government to keep it informed with regard to the initiative to establish a tripartite Council of Industrial Relations. The Committee reminds the Government that it may call upon ILO assistance in seeking solutions that are satisfactory to all the parties concerned and are in conformity with the principles of freedom of association.
- (b) The Committee once again requests the Government to send its observations without delay on the allegation that the Office of the Public Prosecutor of São Paulo has initiated legal proceedings to prevent trade unions from holding strikes and engaging in protest action and, since it is a matter of concern to the country’s trade union confederations, to initiate a dialogue with the most representative employers’ and workers’ organizations on the issue. The Committee also urges the complainant organization to provide additional information and examples with regard to its allegations.
- (c) The Committee invites the Government to consider taking the necessary measures for the ratification of Convention No. 87.
