Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Brésil (Ratification: 1994)

The Committee notes the observations of the National Confederation of Industry (CNI), received on 30 August 2023, and integrated to the Government’s report. It also notes the information provided by the Government in response to the social partners’ observations received in the previous reporting period, including on the absence of social dialogue. Moreover, the Committee notes the information provided by the Government, which responds to its previous comment on the challenges and good practices identified during the COVID-19 pandemic.

Article 3 of the Convention. Choice of representatives of employers’ and workers’ organizations. The Committee refers to its previous comments in which it noted the observations of the National Confederation of Liberal Professions (CNPL) indicating that: (i) although tripartite dialogue was being implemented, representatives were often not selected by consensus so that they might adequately represent the trade union movement; (ii) since 2008, the Government had selected only those multisectoral trade union confederations recognized under Act No. 11.648 of 31 March 2008; and (iii) this meant that organizations representing specific branches, categories or sectors of workers were excluded from contributing their expertise, whereas the consensus achieved through social dialogue should reflect the general opinions of all involved. The Government indicates that the central unions, composed of affiliated unions, are the organizations representing workers in general, having nationwide coverage, and are assigned the function of coordinating the representation of workers across all professions, branches of activity, and categories. It adds that, in accordance with Act No. 11.648, central unions have the prerogative of participating in the tripartite bodies of public agencies. The Committee notes the observations of the CNI indicating that, with respect to the participation of workers’ organizations other than the central unions in tripartite dialogue, the legislation recognizes the coordinating role of the central unions, and of participating in tripartite bodies of public agencies and other tripartite social dialogue bodies, where matters of general interest to workers are discussed. The Committee requests the Government to continue to provide updated information on how it ensures that, for the purposes of the procedures provided for under the Convention, the representatives of employers and workers are freely chosen by their representative organizations. It also requests the Government to provide further information on the coordinating role of central unions involved in tripartite consultations.

Article 5. Effective tripartite consultations. The Committee previously requested the Government to provide comments in reply to the observations of the Public Services International alleging the absence of social dialogue and stating that none of the ordinances or provisional measures adopted on account of the COVID-19 pandemic were the subject of consultation. It also requested the Government to continue to provide information on all matters set out in Article 5(1) of the Convention. The Committee notes with interest the Government’s indication that the Ministry of Labour has, since January 2023, resumed actions aimed at social dialogue with actors in the world of work, encouraging tripartite consultations among government representatives, representatives of employers and representatives of workers on labour-related matters. It also notes the information provided concerning the revitalization of tripartite bodies that monitor the Ministry’s policies; the establishment of the Tripartite Working Group to promote labour relations and collective bargaining; and the establishment of a national tripartite table for the regulation of platform work. Referring to the normal social dialogue process in the country, the Government indicates that exceptional circumstances may occur where prior social dialogue through the usual procedures is not possible given the factual urgency, as it occurred in context of the COVID-19 pandemic. The Committee notes the observations of the CNI indicating that tripartite social dialogue was preserved and respected throughout the COVID-19 pandemic, including within the framework of the Standing Joint Tripartite Commission (CTPP) and the National Labour Council (CNT). With regard to the matters listed in Article 5(1) of the Convention, the Government indicates that the Ministry of Labour and Employment has communicated and consulted employers’ and workers’ organizations regarding international labour standards, questionnaires, and ILO meetings. The Government provides in this regard a list of 26 communications that were transmitted to the social partners from September 2019 to July 2023. It also indicates that tripartite meetings were held in preparation for the International Labour Conference on 11 May 2021, 11 May 2022, and 17 May 2023. The Committee requests the Government to provide more detailed information on the content and outcome of the consultations held on all of the matters relating to international labour standards as required under Article 5(1)(a)–(e) of the Convention.