Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Brazil (Ratification: 1952)

The Committee notes the Government's report.

The Committee also notes the comments made by the Sindicato dos Arrumadores de Sao Sebastiao and the Sindicato dos Estivadores de Sao Sebastiao of June 1997 on the application of the Convention and requests the Government to include its observations on the matter in its next report.

Article 4 of the Convention. The Committee recalls that in its previous observation it referred to section 8(2) of Interim Provision No. 1079 containing supplementary provisions to the "Real Plan" (the Economic Stabilization Plan adopted in 1994), which provides that in the event that no substitute price index has been established, and where the parties have not agreed on one, a measure of the price index covering the whole nation shall be used as set out in regulations to be issued by the Executive Authority. In this respect, the Committee notes that the Government indicates in its report that section 8 of the Interim Provision in question (currently No. 1540-25 of 11 June 1997, not No. 1079) does not apply to collective agreements, to which section 10 applies and provides that wages and other conditions of employment shall continue to be determined through free collective bargaining.

In this regard, observing that section 10 of the Interim Provision mentioned in the previous paragraph provides that wages shall be determined by free collective bargaining, the Committee requests the Government to inform it as to whether this Interim Provision has temporarily suspended section 623 of the "Consolidation of Labour Laws" (CLT), as amended by Act No. 5584 of 26 June 1970 and Legislative Decree No. 229 of 28 February 1967, which section confers extensive powers on the authorities to cancel collective agreements or arbitration awards that are not consistent with the rules set by the Government's wages policy which have been criticized by the Committee for several years. In any event, given that the Government stated in a report of 1996 that section 623 of the CLT is merely "virtual" and has not been applied in recent years, the Committee requests the Government to repeal formally this provision which restricts free collective bargaining.

Articles 4 and 6 of the Convention. Furthermore, the Committee recalls that in a previous direct request it referred to the need for the Government to take measures to encourage and promote the full development and use of machinery for voluntary negotiation with a view to regulating by means of collective agreements the terms and conditions of employment for public servants not engaged in the administration of the State (in 1994 the Government indicated that the Supreme Federal Court had declared unconstitutional section 240(d) of Act No. 8112 of 1990 which granted public servants this right). On this subject, the Committee notes the Government's information that various measures designed to carry out administrative reform at the federal level are before the National Congress. The Committee expresses the hope that the measures which it is intended to adopt provide that public servants who are not engaged in the administration of the State shall enjoy the right to collective bargaining of their conditions of employment. The Committee requests the Government to inform it in its next report of any measures adopted in this matter.

Finally, the Committee notes the Government's information that various Bills on collective bargaining are at various stages of consideration. On that, the Committee requests the Government to inform it in its next report of the progress of the Bills in question and to send it copies of them as soon as they are adopted.