Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equal Remuneration Convention, 1951 (No. 100) - Brazil (Ratification: 1957)

The Committee notes that the Government’s most recent reports of 2007 and 2008, although containing elements on the application of the Convention, do not reply to the questions asked by the Committee. The Committee therefore asks the Government once again to provide full information in its next report on the questions raised in its previous direct request, which read as follows:

1. The Committee notes with interest that Brazil’s Decent Work Country Programme includes effective application of the Convention among its objectives. Please provide information on the measures taken to achieve this objective and on their impact.

2. The Committee notes the detailed statistical information showing that the wage differentials between men and women mentioned in its previous comments have been maintained. It also notes that, according to the Government, apart from enforcement of the law, the best means for applying the principle of equal remuneration for men and women is negotiation. The Government’s report indicates, however, that although most collective agreements contain clauses that are favourable to women, only 1 per cent of them refer to equality between men and women. The Committee further notes that at the last ordinary meeting of the Tripartite Committee on Equality of Opportunity and Treatment of Gender and Race at Work, the employers and workers gave presentations on positive measures undertaken, and that these were to be published at the end of 2005. Please continue to provide information on the activities of the Tripartite Committee, indicating in particular the manner in which the Government, in consultation with the social partners, is promoting the use of collective agreements to secure application of the principle of the Convention.

3. The Committee notes that the Minister of Labour is using statistics to combat discrimination against women in employment and occupation and that a plan has been launched in Brasilia to implement the “promotion of equal opportunities for all” programme, targeting the financial sector. In the second half of 2005, the programme was to be extended countrywide. In Brasilia, there were meetings with representatives of banks who undertook to work for the elimination of existing discrimination. Please provide information on the outcome of the abovementioned plan together with any other relevant information on activities conducted to improve the application of the principle of the Convention.

4. With regard to the number of complaints investigated by the units set up to promote equal opportunities and treatment in the regional labour departments, the Committee notes that 154 cases were dealt with in 2004. The Committee asks the Government to state what percentage of these are relevant to the application of the Convention, indicating how these cases were settled and providing, where possible, copies of the decisions handed down by the competent administrative or judicial bodies.

5. With reference to point 3 of its previous direct request, the Committee again asks the Government to provide information on the impact of the measures taken to promote the application of the Convention, particularly in the public sector. The Committee hopes that the Government will provide more specific replies in its next report and that in presenting its information it will follow the questions raised by the Committee in its comments.