Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Workers' Representatives Convention, 1971 (No. 135) - Brazil (Ratification: 1990)

The Committee notes the information provided by the Government. With regard to the first aspect of the comments made by the Single Confederation of Workers (CUT) to the effect that on the basis of certain court rulings the employers have been able to challenge the functions of the leaders of a trade union when they exceeded 24 in number, with those above this number being left devoid of legal protection in relation to freedom of association, the Committee considers that the situation described is not contrary to the provisions of the Convention.

With regard to the comment that Act No. 9958/00, establishing prior conciliation commissions, does not set out protection for workers who are members of such commissions, the Committee notes that section 625-B of the above Act, in subsection 1 respecting commissions created within the enterprise, prohibits the dismissal of workers’ representatives who are members of the commissions, whether they are titular or substitute members, for up to one year following the expiry of their mandate. Section 625-C provides that commissions established within the context of a trade union shall be governed by the provisions of a collective agreement, thereby allowing for such protection to be determined by agreement between the parties.

Finally, with regard to the comment that the trade unions have no possibility to control such commissions, the Committee notes that there is nothing to prevent workers holding trade union office from standing as workers’ representatives in the elections to these commissions.