Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Article 4 of the Convention. Promotion of collective bargaining. Criteria for determining the trade union organization entitled to bargain collectively in the event of a dispute over representation between several trade unions. The Committee notes that the Committee on Freedom of Association (CFA) has referred to it the legislative aspects of Case No. 3219 (400th Report of the CFA, October 2022, paragraphs 187-205). The Committee notes that in the context of this case, the CFA (i) observed that the Brazilian system of collective labour relations, governed by the single trade union principle, does not prevent disputes over representation from arising when two trade union organizations claim to be the best qualified to represent a given category of workers; (ii) noted that the Government’s indication that national legislation does not contain criteria for determining representativeness that would make it possible to settle the representation disputes that may arise between several trade union organizations; and (iii) observed that this absence may hinder the right of workers to be represented in collective bargaining by the trade union of their choice. Recalling the importance that, under Articles 2 and 4 of the Convention, organizations representing workers in the framework of collective bargaining should be independent and representative, the Committee requests the Government to provide information on the measures taken to ensure that disputes over representation shall be settled on the basis of objective and pre-established criteria for representativeness, taking due account of the wishes of the workers concerned.