Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Brazil (Ratification: 2010)

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The Committee notes that a representation submitted under article 24 of the ILO Constitution by the Confederation of Brazilian Trade Unions (CSB) and the Union of Civil Servants of the Federal Legislative Authority and the Federal Court of Auditors (SINDILEGIS) alleging non-observance by Brazil of the Convention was declared receivable by the Governing Body in November 2022 (GB.346/INS/18/9). The aforementioned organizations allege that all provisions of the Convention have not yet been incorporated into Brazilian law, in particular Articles 7 (procedures for determining conditions of employment) and 8 (settlement of disputes). Pending examination of the representation by the tripartite committee appointed for that purpose, the Committee will not examine the implementation by Brazil of these two Articles of the Convention.

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT), received on 2 September 2022 and 2 October 2023, concerning the implementation of Articles 7 and 8 of the Convention as well as the general issues addressed in the present comment. The Committee notes the CUT’s allegation that a series of anti-union acts have been committed against the Municipal Public Service Workers’ Union of Criciúma (SISERP). The Committee requests the Government to provide its comments on the observations of the CUT with regard to the situation of SISERP.

Articles 1 and 3 of the Convention. Scope of application of the Convention, public employees’ organizations. The Committee takes due note of the Government’s indication that: (i) the Convention applies equally to all areas of the public service, whether in the executive, legislative or judicial branches, and at all municipal, state and federal levels; and (ii) according to the national trade union register, there are 2,726 trade union organizations (trade unions, federations and confederations) in Brazil representing public servants or employees, whether municipal, state or federal, a figure corresponding to some 16 per cent of the active trade unions in the country.

Articles 4 and 5. Protection against anti-union discrimination and interference. In its previous comments, having noted the existence of legislation prohibiting anti-union discrimination in general and guaranteeing immunity from dismissal for trade union representatives, the Committee requested the Government to take all the necessary measures to adopt legislation that explicitly provides remedies and sufficiently dissuasive penalties for acts of anti-union discrimination against members of a public service trade union and acts of interference. The Committee also requested the Government to provide statistics on the number of cases concerning anti-union practices in the public service brought before the courts. The Committee notes the Government’s reference once again to the constitutional and legal provisions referred to in previous reports that prohibit anti-union discrimination in general and guarantee immunity from dismissal for trade union representatives, both for the category of public employees covered by the Consolidation of Labour Laws (CLT) (and under the jurisdiction of the labour courts) and the category of public servants covered by the Federal Civil Service Statute (Law No. 8112/90) but whose disputes are not under the jurisdiction of the labour courts. The Committee notes the Government’s reference to various bills, now dating back several years, to regulate anti-union acts (Bills Nos 36/2009, 75/2009, 679/2009 and 1493/2015). The Committee further notes the observations of the CUT emphasizing the protective nature of Law No. 8112/90. The Committee notes that the above information suggests that the implementation of Articles 4 and 5 has not given rise to significant change since its previous comment. It further notes that the Government has not provided the information requested on the number of cases concerning anti-union practices in the public service brought before the courts. Emphasizing again the need to adopt specific legislative provisions in relation to anti-union discrimination and interference, the Committee once again finds itself obliged to reiterate its request and expects the Government to take all the necessary measures to adopt legislation that explicitly provides remedies and sufficiently dissuasive penalties for acts of anti-union discrimination against members of a public service trade union and acts of interference. The Committee requests the Government to indicate in its next report any developments in this regard and to provide statistics on the number of casesconcerning anti-union practices in the public service brought before the courts.

Article 6. Facilities afforded to workers’ representatives. The Committee notes the observations of the CUT that section 92 of Act No. 8112/90 imposes substantial restrictions on the number of representatives of public employees eligible for unpaid trade union leave (two for organizations with up to 5,000 members, four for organizations with 5,000 to 30,000 members and eight for organizations with more than 30,000 members). The Committee requests the Government to reply to the observations of the CUT and to provide clarification on the time credit system (total or partial hours) applicable to representatives of public employees.

In its previous comments, the Committee requested the Government to provide information on facilities other than trade union leave afforded to representatives of public officials in order to enable them to carry out their functions promptly and efficiently (for example, the collection of trade union dues, prompt access to management and access to the workplace, availability of premises, office equipment, availability of noticeboards and so on). The Committee notes the Government’s reference to section 240 of Law No. 8112/90 which, in addition to establishing immunity from dismissal for trade union representatives provides, in consideration of public service workers’ organizations, a mechanism for the collection of trade union dues. The Committee requests the Government to supplement this information by indicating the other facilities that may be afforded to public service workers’ representatives.