Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 154) sur la négociation collective, 1981 - Brésil (Ratification: 1992)

The Committee notes the Government's report.

Article 1 of the Convention. The Committee notes the Administrative Reform, approved by Constitutional Amendment No. 19/98, removing the employees of the public administration, independent entities and public foundations, from the scope of the single legal regime, and establishing a distinction between posts, employment and public functions. However, the Committee notes the Government's indication that the conditions of employment of public servants, whether in respect of posts, employment or functions, continue to be determined by law and are not subject to collective bargaining. In this regard the Committee notes that the technical assistance mission that took place from 26-30 April 1999 identified the need to organize a tripartite seminar with ILO participation to discuss the theme of collective bargaining, which would also include the public administration and the public sector in general, and that this would be decided upon shortly. Under these circumstances the Committee expresses the hope that the forthcoming debate will lead to early action to remove the current obstacles to recognition of state public servants' right to bargain collectively their conditions of employment. The Committee asks the Government to keep it informed of all progress in this regard.

The Committee also notes draft Act No. 4811/98, under examination by the Chamber of Deputies, by virtue of which persons holding posts in the usual state occupations will be governed by Act No. 8112/90, which provides that the personnel employed by the Administration (as of the date of entry into force of the Act) shall be governed by the Consolidation of Labour Laws (CLT).

Article 6. The Committee notes that the Government indicates in its report that section 114(1) of the Federal Constitution refers to arbitration in collective disputes and establishes that "where collective bargaining fails, the parties may call on arbitration"; arbitration, including in cases of collective disputes, is thus voluntary.

Article 8. Declaration of nullity of the provisions of a collective agreement where they are contrary to the standards established by government economic policy or wage policy. In this connection the Committee notes that it is clear both from the Government's report on Convention No. 98 and from the report of the mission, that the Government and the social partners are in agreement on the formal repeal of this Article, which is not applied in practice. The Committee firmly hopes that this repeal will be undertaken in the near future.