Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee notes the explanations in the Government's report, those given in the Conference Committee in 1990, and the discussion which that Committee had.

The Government indicated in its report and in the Conference Committee that the application of the Convention is guaranteed by the national Constitution, by labour legislation and by collective agreements. In fact, the clauses deriving from collective bargaining in the widest sense are said to benefit all workers of the same category, whether they are in private undertakings or public administration. The Committee must again stress that it is not sufficient to ensure the application of the Convention that national labour legislation applies to all workers - as it does in Brazil - but that the Convention requires all contracts with a public authority (as defined in Article 1(1)(c) of the Convention) to include a clause guaranteeing that all workers covered by the contract receive wages and conditions of employment not less favourable than those established for work of the same kind, by any of the methods laid down in Article 2(1) and (2). There is no such clause in public contracts in Brazil, and this is not in conformity with the Convention.

The Government has however repeatedly stated that there is no need to comply formally with the Convention for the reasons given above. The Committee observes that the methods laid down in Article 2 for determining the conditions of work covered by labour clauses in public contracts include legislation and collective agreements. Since the Government indicates that clauses in collective agreements are applied to all workers, the Committee would be glad if it would indicate how it is ensured that collective agreements are applicable to all workers, including those not covered by them.

The Committee again expresses the hope that the Government will take account of these considerations when revising the legislation to apply the Convention. It again suggests that the Government consider consulting the Office in drafting legislation to apply the Convention. It hopes the Government will supply information on the steps taken.

[The Government is asked to report in detail for the period ending 30 June 1991.]