Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes that the Government’s report provides detailed information on the legislation governing the conditions of employment of federal public servants, which are not really relevant to the scope and purpose of this Convention. The Committee recalls that the primary objective of the Convention is to guarantee appropriate levels of wages and decent working conditions for workers employed for the execution of public contracts, that is to say contracts concluded by a government authority and involving the expenditure of public funds. The Convention therefore requires that labour clauses be included in public contracts in order to ensure that the workers concerned enjoy wages and other working conditions not less favourable than those established by law, collective agreement or arbitration award for work of the same nature in the same district. As explained in the Practical Guide prepared by the Office in 2008 (page 17), Convention No. 94 is about procurement contracts in the public sector, not about the employment contracts of public employees. The Committee recalls that it has been drawing the Government’s attention to the main requirements of the Convention for more than a decade and has been suggesting measures to supplement the public procurement legislation, especially section 44 of Act No. 8666 of 1993 and Normative Instruction No. 8 of 1994. The Committee accordingly urges the Government to take action in order to bring its legislation into full conformity with the requirements of the Convention.

[The Government is asked to reply in detail to the present comments in 2012.]