Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 4 of the Convention. Promotion of collective bargaining. Duration of collective agreements and accords. The Committee notes the observations of the International Trade Union Confederation (ITUC) and the Single Confederation of Workers (CUT) that section 614 of the Consolidation of Labour Laws (CLT) relating to the duration of collective agreements is contrary to the Convention. The Committee notes in this regard this section sets a maximum limit of two years for the duration of collective agreements and accords and prohibits the inclusion in such agreements and accords of clauses on the maintenance of their effects in the event of their non-renewal. Emphasizing that the determination of the duration of agreements and the potential maintenance of their effects for the parties is covered by the principle of free and voluntary collective bargaining promoted by the Convention, the Committee considers that all derogations to this rule should in so far as possible reflect tripartite agreement. The Committee invites the Government to engage in consultations with the representative organizations of employers and workers on the content of section 614 of the CLT. The Committee requests the Government to provide information on any developments in this regard.