Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Brazil (RATIFICATION: 1994)

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The Committee notes the observations of the National Confederation of Typical State Careers (CONACATE), received on 28 August 2017; of the National Confederation of Industry (CNI) and the International Organisation of Employers (IOE), received on 29 and 31 August 2017; of the Single Confederation of Workers (CUT), received on 1 September 2017; of the National Association of Labour Court Judges (ANAMATRA), received on 1 June 2018; of the New Workers Trade Union Confederation (NCST), received on 10 September 2019; of the CNI, received on 24 September 2020; of Public Services International (PSI), received on 29 September 2020; and of the IOE, received on 1 October 2020 – all these observations relating to the application of the Convention. The Committee requests the Government to send its comments in this regard.

Article 3 of the Convention. Choice of representatives of employers’ and workers’ organizations. In its previous request, the Committee 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 Committee asked the Government to indicate the measures taken or envisaged to ensure the free choice of representatives of employers and workers in bodies concerned with the application of the Convention, and it notes that the Government has not provided any comments in this regard. The Committee once again requests the Government to reply to the observations of the CNPL and indicate the measures taken or contemplated to ensure 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.

Article 5. Effective tripartite consultations. In its previous request, the Committee asked the Government to continue providing updated information on the effective tripartite consultations held on all matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention. The Committee notes the information provided by the Government concerning the effect given to the provisions of the Convention, in particular that: (i) the Tripartite Commission on International Relations (CTRI), which is the principal tripartite body for consultations on international labour standards, has been meeting at least three times a year; (ii) the CTRI also examines issues raised in various international forums that deal with labour issues, such as the G20, Mercosur and the Organization of American States; (iii) in 2018 a working group was established to consider the draft of the Violence and Harassment Convention, 2019 (No. 190), and of the Violence and Harassment Recommendation, 2019 (No. 206), meeting four times during that year; (iv) other tripartite bodies for social dialogue exist in the country, including the National Labour Council (CNT), in which all matters relating to the world of work are discussed, and the Standing Joint Tripartite Commission (CTPP), which, on the basis of the principles advocated by the ILO, was set up to consider various matters relating to occupational safety and health; and (v) the Government proposes, in the context of the CTPP, to revise about 2,000 normative and regulatory instruments in the labour sphere, emphasizing that the revision will be undertaken with the involvement of workers and employers. Furthermore, the Committee notes that although, on the one hand, the observations of the CNI state that the CNT, from its re-establishment in November 2019 to August 2020, held five ordinary meetings and currently has a working group on the issue of telework, and that since its re-establishment in August 2019 the CTPP has held six ordinary meetings and three extraordinary meetings and is reportedly revising regulatory standards; on the other hand, the observations of PSI allege the absence of social dialogue and state that none of the ordinances or provisional measures adopted on account of the COVID-19 pandemic were the subject of consultation either in the CNT or in the CTPP. The Committee requests the Government to send its comments in this regard. The Committee also requests the Government to continue providing updated information on the effective tripartite consultations held on all matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention.

In the context of the COVID-19 pandemic, the Committee recalls the extensive guidance provided by international labour standards. The Committee encourages the Government to engage in tripartite consultations and in a wider social dialogue as a sound basis for formulating and implementing effective responses to the profound economic and social effects of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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The Committee notes the observations made by the National Confederation of Liberal Professions (CNPL), received on 15 September 2016. The Committee requests the Government to provide its comments in this respect.

Article 3 of the Convention. Election of representatives of employers and workers organizations. In its observations, the CNPL indicates that, while Brazil is implementing tripartite dialogue, the situation is not settled with respect to the representatives selected by the Government. It indicates that, often, these representatives are not selected by consensus so that they may adequately represent the trade union movement. Since 2008, the Government has continued to select only those multisectoral trade union confederations (centrales sindicales) recognized under Law No. 11.648 of 31 March 2008. The CNLP points out that this means that trade union confederations (representing specific branches, sectors or categories of workers) are excluded from contributing their expertise, whereas the consensus achieved through social dialogue should reflect the general opinions of all involved. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, for purposes of the procedures provided for under the Convention, the representatives of employers and workers are freely chosen by their representative organizations.

Article 5. Effective tripartite consultations. The Committee notes the information provided by the Government concerning the activities of the Tripartite Commission on International Relations (CTRI) of the Ministry of Labour and Employment, which is the principal tripartite body for consultations on international labour standards. The Government indicates that the CTRI meets at least three times per year, depending upon its workload. In 2014, the CTRI met four times, in 2015 it met three times, and in 2016 two meetings had been held, and a third was anticipated. The Committee notes the agendas provided by the Government for the six most recent meetings of the CTRI: 12 August 2014; 10 February 2015; 13 May 2015; 6 August 2015; 12 April 2016; and 6 August 2016. The agendas reflect that the CTRI met, among other things, to examine matters related to international labour standards and to prepare and promote the participation of delegations in the sessions of the Governing Body and the Conference. The Committee further notes that, at its meeting of 6 August 2015, the CTRI approved the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and examined the response of the Government to the questionnaire on Decent Work for Peace, Security and Disaster Resilience and on the revision of the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71). In its meeting of 12 April 2016, the CTRI examined the Government’s response to the ILO questionnaire on the Abrogation and Withdrawal of ILO Conventions. The Government indicates that, while the CTRI’s main focus is the ILO, it also examines issues raised in various international fora that deal with labour issues, such as the G20, Mercosul, the Organization of American States and BRICS. In addition to its fixed meetings, the CTRI also creates working groups to address specific issues, such as the working group created in 2014 to discuss and facilitate the transition from the informal to the formal economy. The Committee welcomes the information provided by the Government and requests it to continue to communicate updated information on the effective tripartite consultations held on all matters relating to international labour standards set out in Article 5(1)(a)–(e) of the Convention.

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Article 5 of the Convention. Effective tripartite consultations. In reply to the 2013 direct request, the Government recalled in September 2014 that the Tripartite Commission on International Relations (CTRI) of the Ministry of Labour and Employment is the principal tripartite body for international policy matters. The Committee notes that, during the period 2011–14, the CTRI met three times a year to examine matters related to the promotion of international labour standards and to prepare and promote the participation of delegations in the sessions of the Conference. The Government emphasizes that the CTRI agreed on the submission to the National Congress of the Domestic Workers Convention, 2011 (No. 189), and its accompanying Recommendation No. 201, as well as the Protocol of 2014 to the Forced Labour Convention, 1930. The Government indicates that in addition to the CTRI, there are other consultation bodies which promote the application of international labour standards, such as the Labour Relations Council, which is of tripartite composition, and has the principal objective of prohibiting anti-union practices, and the Tripartite Working Group, responsible for developing the National Employment and Decent Work Plan. The Committee invites the Government to provide updated information on the effective tripartite consultations held on the matters relating to international labour standards covered by the Convention.

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Article 5 of the Convention. Tripartite consultations required by the Convention. The Committee refers to its observation on the constitutional obligation of submission and asks the Government to provide a report containing updated information on the effective tripartite consultations held on each of the matters covered by the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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Article 5 of the Convention. Tripartite consultations required under the Convention. In its detailed report received in October 2007, the Government states that the main efforts of the Tripartite Commission on International Relations (CTRI) have focused on reducing the number of instruments awaiting submission to the National Congress. The CTRI approved the submission to the National Congress of Conventions Nos 185 and 187, the Maritime Labour Convention, 2006, and Recommendation No. 197. The Committee refers to its observation on the constitutional obligation of submission and asks the Government to provide, in its next report, updated information on the effective tripartite consultations held on each of the matters covered by the Convention and on other issues referred to in previous comments, such as the denunciation of an obsolete Convention.

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Strengthening social dialogue. With reference to its observation of 2003, the Committee notes with interest the detailed report provided by the Government in September 2005 in which it reports the establishment of the Tripartite Commission on International Relations (CTRI) (Portaria No. 447 of 19 August 2004). The Government has included the detailed reports of the three meetings held by the CTRI in which it discussed, among other subjects, the matters covered by the Convention. The Committee notes that tripartite consultations were held on the submission of instruments to the National Congress. Tripartite consultations have also been planned to discuss the denunciation of an obsolete Convention, the Inspection of Emigrants Convention, 1926 (No. 21). The Committee trusts that detailed information will continue to be provided in future reports on the progress made by the Government and the social partners in continuing to hold effective tripartite consultations on the subjects covered by the Convention (Articles 2 and 5 of the Convention).

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1. The Committee notes with interest the information provided by the Government in its report on the establishment of the National Labour Forum (FNT) in July 2003. The Government also intends, among other priorities, to promote social dialogue, encourage tripartism and ensure the prevalence of social justice in the field of labour legislation, as well as trade union guarantees. The Government adds that the tripartite committees responsible for examining the instruments on safety and health in construction (adopted at the 75th Session of the Conference in 1978), safety and health in mines (82nd Session, 1995) and safety and health in agriculture (89th Session, 2001) have given their approval, and that the above instruments have been forwarded to the Office of the President for submission to the National Congress. The Committee refers to its observation on compliance with the obligation of submission and would be grateful if the Government would continue to include in its reports on Convention No. 144 the information requested on the consultations held on each of the matters covered by Article 5, paragraph 1, of the Convention.

2. With reference to its previous comments, the Committee would be grateful if the Government would indicate whether, in accordance with Article 4, paragraph 2, arrangements have been made or are envisaged for the financing of any necessary training of participants in the consultation procedure.

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1. The Committee takes note of the Government’s detailed report. With reference to the direct request of 1999, the Government indicates that the National Labour Council has not as yet convened. Tripartite consultations are being held in committees set up by the Ministry of Labour and Employment which, among other subjects, deal with occupational health and safety, unemployment insurance and migrant workers. Tripartite committees have been established to discuss whether Conventions are to be ratified, and this facilitated the recent registration of the ratifications of Conventions Nos. 138, 174 and 182. The Government’s report also refers to tripartite consultations which have taken place in the framework of MERCOSUR. The Committee appreciates having received this information and would be grateful if the Government would continue to include in its reports the requisite information on consultations held in respect of each of the items covered in Article 5 of the Convention. Please also include information on developments in the tripartite consultations held in the context of MERCOSUR.

2. Please state whether, in accordance with Article 4, paragraph 2, arrangements have been made or are envisaged to finance any necessary training of participants in consultation procedures.

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The Committee notes the Government's report and the information provided in reply to its previous direct request. It notes in particular the information that an ad hoc tripartite commission has examined the issue of the ratification of the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), and issued a favourable opinion following its work. The Committee is grateful for this information, which is essential to ascertain the manner in which the Government is fulfilling its obligation under the Convention to hold tripartite consultations on the matters enumerated in Article 5, paragraph 1, of the Convention. It hopes that the Government will be able to provide detailed information in its future reports on the consultations held, both on the proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations (point (b)), and on the other matters enumerated in paragraph 1, such as the items on the agenda of the International Labour Conference (point (a)), the re-examination of unratified Conventions and Recommendations (point (c)) and the reports to be made on the application of ratified Conventions (point (d)).

The Committee refers to its previous comments in which it noted that the jurisdiction of the National Labour Council extends to international labour instruments and it requests the Government to indicate whether tripartite consultations on the above matters are held within the Council. The Government is also requested once again to indicate whether, in accordance with Article 4, paragraph 2, arrangements have been made or are envisaged for the financing of any necessary training for participants in the consultation procedures.

Finally, with regard to the tripartite consultations which preceded the denunciation in 1996 of the Termination of Employment Convention, 1982 (No. 158), the Committee notes the Government's response and the report drawn up of these consultations.

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1. The Committee has noted the information provided by the Government in its second report, in particular that relating to the consultations undertaken on the matters provided for in Article 5, paragraph 1, of the Convention. The Government is invited to continue to provide such information and to specify the frequency of such consultations.

2. With reference to its previous direct request in which it noted that the jurisdiction of the National Labour Council extends to international labour instruments, the Committee once again requests the Government to describe, as provided for under Article 2 in the report form, the nature and form of the consultations undertaken, where necessary, within the Council on the matters relating to the activities of the International Labour Organization, as set out in Article 5, paragraph 1, referred to above. In addition, the Government is requested to specify whether, in accordance with Article 4, paragraph 2, arrangements have been made or are envisaged for the financing of any necessary training of participants in the consultative procedures.

3. The Committee notes the information to the effect that tripartite consultations did in fact precede the denunciation of the Termination of Employment Convention, 1982 (No. 158). In this regard, the Committee has noted a communication dated 7 February 1997, a copy of which has been sent to the Government, from the Federation of Secretaries (FENASEC) which questions the nature of the procedures undertaken, and in particular the representative character of the workers' organizations consulted. The Committee requests the Government to provide complete information in response to the questions raised by this trade union.

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The Committee has noted the first report of the Government and the information provided concerning various tripartite bodies having responsibilities for particular aspects of the consultations contemplated by the Convention. It has noted the indications provided as to the membership of these bodies. In particular, it has noted the terms of reference of the National Labour Council, which include questions relating to international instruments in the labour field. Points included in some of the tripartite consultations provided for fall under Article 5(1)(a) and (d) of the Convention.

The Committee would be grateful if in the future the Government would supply the indications requested in the report form under each Article, including as to the consultations taking place with employers' and workers' organizations on the form which tripartite procedures relating to international labour standards should take (Article 2). Please give also information as to consultations which have taken place under each of the provisions of Article 5(1).