Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 135) concernant les représentants des travailleurs, 1971 - Brésil (Ratification: 1990)

The Committee notes the observations of the National Transport Confederation received on 15 September 2019 and the New Workers Trade Union Confederation (NEST) received on 10 September 2019, both concerning matters examined by the Committee in this comment.

The Committee notes the joint observations of the Single Confederation of Workers (CUT) and the International Confederation of Trade Unions (ITUC), received on 18 September 2019. The Committee notes that these observations refer to matters covered by a representation made under article 24 of the ILO Constitution, which is currently under examination. Article 5 of the Convention. Co-existence of trade union representatives and elected representatives. The Committee notes that the Government states that, through the adoption of Law 13.467/2017, article 11 of the Constitution, which provides for the possibility of electing workers’ representatives in firms with more than 200 employees, was developed into legislation. The Committee notes that the Government states in this regard that sections 510-A et seq. of the Consolidation of Labour Laws (CLT): (i) establish rules for the election of such representatives and the duration of their term of office; and (ii) confer greater responsibilities on representatives as they may sign collective instruments with employers. The Committee further notes that the NCST alleges that sections 510-A et seq. of the CLT have the purpose, contrary to the Convention, of alienating trade unions from the resolution of conflicts in the undertakings, since: (i) elected representatives are given functions that compete against those of trade unions, such as the voicing of demands to the employer; and (ii) trade unions are expressly excluded from participating in and monitoring the electoral process aimed at selecting the workers’ representatives in the undertaking. While welcoming the legislative development of the constitutional provision on workers’ representation in the undertaking, the Committee recalls that Article 5 of the Convention provides that, where there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives. The Committee requests the Government to provide its comments on the NCST observations and to inform on the application of sections 510-A et seq. of the CLT in light of Article 5 of the Convention.