Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Employment Policy Convention, 1964 (No. 122) - Brazil (Ratification: 1969)

The Committee notes the Government’s reports of 2021 and 2024 as well the observations of the Single Confederation of Workers (CUT), received on 2 September 2021 and the Government’s response to these observations, received on 3 October 2021. The Committee also notes the observations of the National Confederation of Industry (CNI), received on 14 August 2024 and asks the Government to provide its response thereto.

Developments in the area of employment policy. The Committee notes the recent introduction of several employment and industrial policies which aim at promoting economic growth and job creation with a particular focus on promoting gender equality, social inclusion and environmental sustainability including by improving labour conditions, social welfare and industrial competitiveness in Brazil. It also notes that these measures are aimed at reversing certain aspects of the 2017 labour reform, including restoring the integrity of collective bargaining and banning certain types of precarious contracts. In this regard, the Committee notes the Acredita programme, launched in 2024, which aims to expand access to credit for individual micro-entrepreneurs and small businesses, in addition to other initiatives to improve wage conditions and create quality jobs. The Committee also notes that the Government has focused on the resumption and expansion of public works to strengthen the job market, creating millions of new job opportunities. Finally, the Committee notes that the “Nova Indústria Brasil” policy was adopted in 2024, which aims to drive innovation and sustainability through strategic investments in areas such as healthcare, digitalization and energy transition. With over 300 billion Brazilian reais allocated for financing, the policy supports technological excellence and ecological transformation, emphasizing local content and public procurement to stimulate the productive sector. In addition, in 2023 and 2024, the minimum wage saw notable increases at rates higher than the inflation rate, with a view to improving the purchasing power of workers and addressing inflation. As of 1 January 2024, the new national minimum wage was set at 1,412 reais which represents a 6.97 per cent increase from the previous wage of 1,320 reais. The Committee requests the Government to provide details on these various policies and measures, indicating how they contribute to the objective of the Convention of achieving full, productive and freely chosen employment. The Committee also requests the Government to provide updated, detailed information, including statistical data disaggregated by sex and age on trends in urban and rural areas and in the different regions, on employment, unemployment and visible underemployment.

Furthermore, the Committee notes that, in its 2021 observations, the CUT recalls its 2017 observations alleging that the labour reforms introduced by Law No. 13.467 of 13 July 2017, modified the Consolidated Labour Laws of 1943 and substantially altered Brazilian employment policy, eroding legal rights accorded to workers under national legislation and ratified international conventions. The CUT considers that the labour reform has had a negative impact on the creation of decent jobs and contravenes the objective of the Convention to promote full, productive and freely chosen employment. Specifically, the CUT refers to section 442-B of Law No. 13.467, which introduced the notion of the “autonomous exclusive” worker who may be hired to work exclusively and continuously for an employer, but is nevertheless not considered to be an “employee” performing services in the context of an employment relationship. The CUT reiterates its previous observations that section 442-B subverts the notions of employment, employee and employer, blurring the distinction between formal employees and independent contractors with no employment relationship. The Committee understands that Law No. 13.467 and section 442-B remain in force andrequests the Government to provide detailed, updated information on the application and impact of Law No. 13.467 – including section 442-B – on employment.

The Committee is raising other matters in a request addressed directly to the Government.