Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Rural Workers' Organisations Convention, 1975 (No. 141) - Brazil (Ratification: 1994)

The Committee notes the Government’s report and the general information provided on the application of the Convention. However, the Committee observes that, the Government does not refer specifically in its report to the matters raised in its previous observations, which related to the following points:

• (a) the prohibition of establishing more than one trade union, whatever its level, to represent the same occupational or economic category at the same geographical area (article 8(II) of the Constitution and section 516 of the Consolidation of Labour Laws (CLT)). The Committee recalls that all workers, including rural workers, have the right to establish organizations of their own choosing without previous authorization and that this implies the effective possibility to create, if the workers so choose, more than one workers’ organization to represent the same occupational or economic category in the same geographical area. The Committee requests the Government to provide information in its next report on any measure adopted in this respect;
• (b) the levying of compulsory union dues for all workers in a particular economic category (sections 578, 579 and 580 of the CLT). In this respect, the Committee recalls that questions concerning the financing of trade union organizations should be governed by the by-laws of the organizations and not imposed by law. Under these conditions, the Committee requests the Government to take the necessary measures to amend the relevant legislative provisions and to provide information in its next report on any measures adopted in this respect.
• (c) the requirement of five lower level organizations to form federations (section 534 of the CLT). In this respect, the Committee recalls that, as in the present case of organizations in a single sector, the requirement of five organizations is too high and makes it difficult for trade unions to establish organizations at a higher level in full freedom, and is therefore contrary in particular to the provisions of the Convention respecting policies to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers. Under these conditions, the Committee requests the Government to consider the amendment of section 534 of the CLT with a view to reducing the number of lower level organizations required to form a federation, and to provide information in its next report on any measures adopted in this respect.