Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report. It also observes that a technical assistance mission took place in the country from 26 to 30 April 1999, and it notes the information communicated by the Government in this regard.

1. Article 4 of the Convention. Nullity of the provisions of an agreement or pact where these are contrary to the standards established by the government economic policy or the wage policy in force (section 623 of the Consolidation of Labour Laws (CLT)). The Committee notes that it is clear both from the Government's report and from the report of the mission that the Government and the social partners are in agreement on the formal repeal of this section, which is not applied in practice, and that the Government envisages an early reform of the legislation. The Committee hopes that this repeal will be undertaken in the near future.

2. Articles 4 and 6. Right to collective bargaining of public servants not employed in the administration of the State. The Committee notes from the report of the mission that the recognition of this right for all categories of public servants would entail a constitutional amendment. The Committee also observes that the Executive Secretary for Labour indicated to the mission that discussion on collective bargaining for independent entities and public foundations could take place within the framework of the new administrative reform model, since these entities are not included within basic state functions.

3. Lastly, the Committee notes that during the mission the need was identified to organize a tripartite seminar with the participation of the ILO to discuss the subject of collective bargaining in general, in particular covering bargaining in the public administration and in the public sector.

4. The Committee requests the Government to provide information in its next report on all measures adopted on the abovementioned questions.