Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Workers' Representatives Convention, 1971 (No. 135) - Brazil (Ratification: 1990)

The Committee notes the information supplied by the Government in its first report on the application of the Convention.

Article 1

With regard to effective protection for workers' representatives in the undertaking against any act prejudicial to them, the Committee asks the Government to indicate whether workers' representatives are protected by law against dismissal for trade union reasons.

Article 2

The Committee asks the Government to provide information on the facilities provided for in Article 2 of the Convention which are in practice afforded to workers' representatives by law, collective agreement or in any other manner, such as the following which are set out in Recommendation No. 143: facilities to enable them to carry out their functions promptly and efficiently; the necessary time off without loss of pay to carry out their duties as representatives in the enterprise; access to the management of the enterprise; the right to attend meetings; authorization to post trade union notices; the material facilities and information necessary for the exercise of their functions.

Article 4

The Committee observes that article 11 of the Constitution provides that in enterprises with more than 200 employees a representative shall be elected for the sole purpose of promoting direct understanding with the employers. While noting that Article 4 of the Convention allows a degree of flexibility in determining workers' representatives, the Committee stresses the importance of applying reasonable criteria for guaranteeing that the protection and facilities provided for in the Convention are not denied to workers' representatives in enterprises with less than 200 employees (which can on no account be considered a reasonable number) in which there are no trade unions.

In these circumstances, the Committee asks the Government to specify what type of representation is possible in enterprises with fewer than 200 workers where no trade unions exist, indicating any protection and facilities that may be provided for such representatives.

Lastly, the Committee notes from the information provided by the Government that two Bills have been submitted to the Congress, one concerning trade union organization and workers' representation in the enterprise and the other, collective bargaining. The Committee asks the Government to keep it informed of the progress of these Bills in Parliament and to provide copies of them as soon as they are adopted.