Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report and observes that this does not make any reference to the matters raised in its previous direct request.

The Committee therefore requests the Government once again to indicate in its next report the provision by which Decree No. 3735 of 24 January 2001 is considered to have tacitly repealed Decree No. 908 of 31 August 1993 establishing restrictions on collective wage bargaining in public and mixed enterprises, making real wage increases contingent upon certain criteria such as increased productivity, the distribution of dividends or the alignment of the overall remuneration of employees with current levels in the labour market.

The Committee also requests the Government to take steps to amend Act No. 10192 of February 2001 concerning additional measures under the Real Plan, section 13 of which provides that automatic price index-related wage increases or adjustments may not be included in agreements or “dissídios coletivos” so that the parties to collective bargaining can decide freely whether they wish to agree on automatic wage adjustments, particularly in collective agreements of long duration. The Committee requests the Government to provide information in its next report on all steps taken to this end.