Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Brazil (Ratification: 1957)

Article 8 of the Convention. Deductions from wages. Further to its previous comment, the Committee notes that following the adoption of Act No. 10820 of 17 December 2003 and its implementing regulation, Decree No. 4840 of 17 September 2003, the overall limit of authorized deductions is now set at 40 per cent of the worker’s wages, including statutory deductions and deductions authorized by the employee. The Government indicates that it decided to set rules on deductions from wages in view of widespread practices whereby employers by virtue of individual agreements retained large amounts from workers’ wages – often equal to the entire amount of the wages – for the repayment of loans and other financial transactions. Recalling that in accordance with Articles 8 and 10 of the Convention, it is important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions, the Committee requests the Government to indicate the limit, if any, applicable in the case of authorized attachment of wages (e.g. for the payment of alimony), and whether the 40 per cent limit provided for in Act No. 10820 of 2003 applies also in the case of attachment.

Article 12. Regular payment of wages. With respect to earlier comments made by the Union of Port Services Workers of Rio Grande (SINDIPORG) and the Union of Port Workers of Rio Grande Do Sul (UPERSUL) concerning wage debts owed to its members, the Committee notes that the Government does not provide any new information but merely refers to the principle of separation of powers and the fact that this question falls under the authority of the judiciary. The Committee observes, however, that contrary to what the Government’s report indicates, it does not expect the federal Government to interfere with affairs pertaining to the jurisdiction of state governments, or to impose fines for the non-payment of wages to state government employees. The Committee considers it important nonetheless to receive full information on the outcome of judicial proceedings relating to the settlement of wage arrears – especially when the question is brought to the Committee’s knowledge by a workers’ or employers’ organization through a formal communication – as an indication of the effective implementation of the Convention in practice. The Committee accordingly requests the Government to keep the Office informed of further developments concerning the settlement of wage claims of officials of the State of Rio Grande Do Sul.

Part V of the report form. Application in practice. The Committee notes the statistical information on inspection results for the period 2002–10 which shows that practically half of all wages-related irregularities recorded by the labour inspection services concern delayed payment of wages. The Committee would appreciate if the Government would continue to provide up-to-date information on the practical application of the Convention.