Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Brazil (Ratification: 1965)

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee had requested the Government to take measures in order to include labour clauses in public contracts, thus ensuring that workers would enjoy wages and other working conditions not less favourable than those established by law, collective agreement or arbitration award for work of the same nature in the same district. The Committee notes from the Government’s report the reference to Normative Instruction No. 2/2008, as amended, and in particular, to section 19, point IX, which requires that the invitation to bid should indicate, if applicable, the agreements or collective agreements governing occupational groups linked to the execution of the service. The Government also refers to point 1.4 of Annex IV of the abovementioned Instruction, which states, with regard to the initial inspection procedure, that the salary cannot be lower than that specified in the public contract and Collective Bargaining Agreement Category (CCT). Finally, the Government provides sample copies of public contracts. While taking due note of these indications, the Committee considers, that it is not entirely clear from the above whether full effect is being given to the provisions of the Convention. The Committee recalls that, in order to meet the requirements of the Convention, labour clauses have to be included in public contracts so that workers enjoy wages (including allowances) as well as hours of work and other conditions of labour not less favourable than those established by law, collective agreement or arbitration award for work of the same character in the trade or industry concerned in the district where the work is carried on. In its 2008 General Survey, Labour clauses in public contracts, paragraphs 117 and 119, the Committee indicated that: (i) labour clauses have to constitute an integral part of the actual contract signed by the selected contractor; (ii) the insertion of labour clauses in tender documents, such as the general conditions or specifications, even though required under the terms of Article 2(4) of this Convention, does not suffice to give full effect to the basic requirement set out in Article 2(1); and (iii) this Convention calls for specific measures, such as legislative provisions, administrative instructions or circulars, to ensure the inclusion of appropriate labour clauses in all the public contracts that it covers. The Committee therefore requests the Government to provide any additional clarifications as to how the above listed requirements are being met, as required by the Convention.