Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the Government's report and the discussions that took place at the Conference Committee in 1991.

Article 4 of the Convention. Measures to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements.

(a) General regime

In its previous observation, the Committee asked the Government to inform it of measures taken in the context of its economic policy to extend the scope of collective bargaining and to associate the social partners with its wages policy. The Committee notes the explanations given by a Government representative at the Conference Committee. It also notes that the above Committee expressed the firm hope that the Government would be able in its next report to inform the Committee of Experts of the measures taken, particularly as a result of the submission to Congress of a Bill on collective bargaining, in order to bring its legislation and practice into conformity with requirements of the Convention.

The Committee notes that the Government's report contains no information on this matter.

According to the information supplied by a Government representative at the Conference Committee, Act No. 6708 - which allowed certain enterprises to be exempted from wage increases laid down in agreements - had been repealed and Act No. 8178 of 1 March 1991 established rules on prices and wages, but did not reproduce the former provisions that were repealed. It was therefore the only text in force concerning wages policy. The Committee gathers that, since then, new texts on wages policy have been adopted, such as Act No. 8542 of 23 December 1992, amended by Act No. 8700 of 27 August 1993. It also notes the Government representative's statement to the Conference Committee that the Bill No. 821 of April 1981, on collective bargaining had been submitted to Congress.

Although it is aware of the country's serious economic and financial difficulties, the Committee again reminds the Government of the need to repeal the general provisions which are inconsistent with Article 4 of the Convention, in particular section 623 of the Consolidation of Labour Laws, as amended by Act No. 5584 of 26 June 1970, and Legislative Decree No. 229 of February 1967 which confers extensive powers on the authorities to cancel collective agreements or arbitration awards that are not consistent with the rules set by the Government's wages policy. The Committee again urges the Government to ensure that wage-fixing measures are adopted in the context of a dialogue between the Government and the social partners, so that an agreement on wage-fixing policy may be reached between the sectors concerned.

The Committee also asks the Government to provide specific information on Bill No. 821 of 21 April 1991 and to provide a copy of it as soon as it becomes law.

More generally, the Committee asks the Government to provide copies of all texts adopted with each report, particularly those concerning wage policy, and wage-fixing and adjustment policy.

(b) Regime governing public enterprises, mixed economy enterprises and other entities directly or indirectly controlled by the State

In its previous observation, the Committee noted that enterprises in this sector are subject to the legal regime governing private enterprises (section 173, paragraph 1, of the Constitution). In this connection, the Committee gathers that the employees of these enterprises are covered by the successive laws on wages policy, and refers therefore to the comments contained above.

The Committee notes the statement of the Government representative to the Conference Committee, to the effect that the Higher Labour Tribunal has revised its case law and quashed a decision providing that a collective agreement concluded without prior consultation with the competent official body was not binding on a mixed enterprise (resolution No. 02/90 of 19 December 1990). The Committee asks the Government to provide a copy of this resolution and to keep it informed of any developments in this area.