Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Brazil

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1957)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1983)

The Committee notes the observations of the National Confederation of Liberal Professions (CNPL) received in 2016. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (Minimum Wage Fixing) and Convention No. 95 (Protection of Wages) in a single comment.

Minimum Wage Fixing Convention, 1970 (No. 131)

Article 4(2), of the Convention. Full consultation with representative organizations of employers and workers. In its previous comments, the Committee requested the Government to provide information on the mechanism and content of the consultations held with employers’ and workers’ organizations to set the minimum wage level. The Committee notes that the Government indicates in its report that consultations concerning the setting of minimum wage result from the fact that wages are fixed through collective agreements and that there are 54,000 such agreements in Brazil. The Committee also notes that the most recent national minimum wage was established in 2018 (Decree No. 9.255 of 2017), pursuant to the provisions of Law No. 13.152 of 2015 which determines the minimum wage-fixing machinery for the period 2016–19. Moreover, the Committee takes note of the creation of the National Council of Labour (Decree No. 9.028 of 2017), as a tripartite consultative body under the Ministry of Labour. The Committee requests the Government to provide information on the process which will be followed to determine the minimum wage-fixing machinery for the next period, including on the consultations with representative organizations of employers and workers to be held in this connection in accordance with Article 4(2).

Protection of Wages Convention, 1949 (No. 95)

Article 1 of the Convention. Components of remuneration. The Committee notes that the CNPL refers to the amendment in 2001 of section 458 of the Consolidation of Labour Laws (CLT) to the effect that certain components of workers’ remuneration would be considered to be of a non-wage nature. In this regard, the Committee notes in particular that, according to sections 457 and 458 of the CLT, the following benefits that may be provided by the employer to the worker are of a non-wage nature: bonuses paid by the employer in relation to good performance (section 457(2) and (4)), food tickets (section 457(2)), medical care, life and accident insurance and private retirement fund (section 458(2)). In this respect, the Committee recalls that, in accordance with Article 1, all the components of workers’ remuneration, irrespective of how they are denominated or calculated, are protected by the Convention (2003 General Survey, Protection of wages, paragraph 47). Accordingly, the Committee requests the Government to indicate how the components of the remuneration which are considered to be of a non wage nature, according to sections 457 and 458 of the CLT, benefit from the protection of the Convention, for example with regard to their regular payment (Article 12).

Articles 8 and 10. Deductions from wages. Protection against attachments. In its previous comments, the Committee requested the Government to clarify the limits applicable to deductions from wages. The Committee notes the Government’s indication in its report that: (i) while the CLT does not establish an overall limit to authorized deductions, section 82 of the CLT, which provides that, where part of the minimum wage is paid in kind, at least 30 per cent of the minimum wage must be paid in cash, can be interpreted to limit deductions to 70 per cent of workers’ wages; and (ii) section 833 of the Code of Civil Procedure (CPC) establishes the general principle of non-attachment of wages, except for the payment of alimony (within the limit of 50 per cent of the net wage) or with respect to workers who earn at least 50 times the minimum wage on a monthly basis.

Article 12. Regular payment of wages. Further to its previous comments on wage arrears in the port sector in the State of Rio Grande Do Sul, the Committee notes that this issue has been addressed through judicial proceedings.