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

Minimum Wage Fixing Convention, 1970 (No. 131) - Brazil (Ratification: 1983)

In previous comments, the Committee noted the observations made by the National Union of Labour Inspectors (SNAIT) concerning the fact that the Government does not comply with the obligation set out in Article 4, paragraph 2, of the Convention to consult the representative organizations of employers and workers on the adjustment of the minimum wage. It recalled that this provision of the Convention requires full consultation with representative organizations of employers and workers concerned or, where no such organizations exist, their representatives, in connection with the establishment, operation and modification of machinery whereby minimum wages can be fixed and adjusted. In this respect, the Committee also recalls the indications contained in paragraph 234 of its General Survey of 1992 on minimum wages, according to which, although States are free to choose the means whereby consultation is carried out, the consultation must take place prior to decisions are made and must be effective, that is to say that it must "enable employers' and workers' organizations to have a useful say" in the matters that are the subject of consultation, in this case the adjustment of minimum wages. The Committee also recalled that the obligation to consult is distinct from negotiation. It requested the Government to indicate the measures which have been taken or are envisaged to ensure prior and effective consultation of the organizations of employers and workers concerned in decisions relating to minimum wages in accordance with Article 4, paragraph 2, of the Convention.

In its report, the Government states that representative organizations of workers and employers are consulted and heard constantly, on the understanding that it is the responsibility of the executive authority to fix the index after analysis of the impact on the public exchequer because of the consequences regarding unemployment benefits and allowances for needy and disabled persons. The Government also states that in fixing the amount of the minimum wage it takes into consideration economic aspects and consults employers and workers' organizations.

The Committee notes this statement. Nevertheless, it observes that the Government's report contains no particulars regarding the procedures of this consultation and, particularly, whether the employers' and workers' organizations concerned were consulted prior to the readjustment of the minimum wage announced in Provisional Resolution No. 1572 of 29 April 1997 and No. 1572-2 of 27 June 1997. It therefore requests the Government to indicate the consultations which were conducted prior to fixing of the minimum wage by the Provisional Resolutions, specifying the organizations of employers and workers which were consulted and the outcome of the consultations. It also requests the Government to indicate the measures taken or contemplated to ensure prior and effective consultation of the organizations of employers and workers concerned in decisions relating to minimum wages in accordance with Article 4, paragraph 2.

[The Government is asked to report in detail in 1998.]