Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

Article 3, paragraph 2, of the Convention. The Committee notes the information supplied by the Government concerning the duties of labour inspectors in the process of negotiations between workers and employers with regard to the provision of guidance to the public, the certification of terminations of employment and the signature of workbooks (CTPS). In particular, it notes the computerization and the training of agents, as well as the rationalization of work procedures, permitting a larger number of inspectors to devote themselves to their specific inspection functions. The Committee requests the Government to supply information on the results achieved in this manner in ensuring the effective application of this provision of the Convention.

Article 5(a). The Committee notes the Cooperation Agreement (Termo) between the Ministry of Labour and the Office of the Public Labour Prosecutor, signed on 18/09/92; the inter-secretarial instruction No. 01, of 24/3/94; and Decree No. 1058 of 21/2/94. It also notes the information that the executive structure of the Ministry of Labour is being reorganized. The Committee requests the Government to indicate how the cooperation machinery established by the above legal texts functions in practice and to provide information on the impact on this cooperation of the reorganization of the Ministry of Labour.

Article 5(b). The Committee notes that the National Labour Council has been reactivated and that it will operate as a forum for tripartite negotiation for the implementation of the new system of labour relations. It also notes that in the coming months a Decree will be adopted to regulate the Council and that its first meeting is envisaged in 1995. It further notes that the collaboration of labour inspectors with employers and workers or their organizations also takes place through the machinery established by Ministerial Decree (Portaria) No. 3308/89, establishing the Trade Union Commission for the Evaluation of the Labour Inspectorate (CSAIT), by Ministerial Decree (Portaria) No. 3311/89, establishing the principles of the Development Programme for the Federal System of Labour Inspection, and by inter-secretarial instruction No. 2/94, establishing standards governing the participation of trade union bodies, and other bodies or institutions, in planning the work of the inspectorate. The Committee requests the Government to supply information on the working of the above collaboration machinery.

Article 6. The Committee notes the information supplied concerning the status of labour inspectors as public servants, as well as section 21 of Act No. 8112/90 and the benefits accorded to them under Act No. 8538/92. The Committee would be grateful if the Government would supply information on the career of a labour inspector.

Article 7, paragraph 3. The Committee notes with interest the information supplied by the Government in its report concerning the training of labour inspectors.

Articles 20 and 21. The Committee notes the information provided by the Government in its report to the effect that the problems encountered in the application of these provisions of the Convention are due to the difficulties of the Federal Labour Inspection System (SFIT), which is the body responsible for the computerization of statistical data. Nevertheless, it appears that the process of computerization has commenced and the SFIT is functioning once again. The Committee hopes that the Government will be able to transmit to the Office in the near future a copy of the annual inspection report, containing the data required by these Articles of the Convention.