Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - Brésil (Ratification: 1965)

Article 2 of the Convention. Insertion of labour clauses into public contracts. The Committee notes the comments of the Single Confederation of Workers (CUT), received on 5 September 2013 and forwarded to the Government on 25 September 2013. The CUT alleges that practices in violation of Article 2 of the Convention are occurring in the context of technical cooperation programmes undertaken by the United Nations Development Programme (UNDP). The CUT asserts that these programmes are used as mechanisms for avoiding labour legislation and increasing the precarity of the labour force. The CUT adds that employees hired under the programmes in question do not enjoy the same rights as other workers for work of the same nature. The Committee recalls that the main aim of this Convention is to guarantee an adequate level of wages and decent conditions of labour for workers employed to carry out public contracts, namely contracts concluded by a public authority through a call for tenders and which involve the expenditure of public funds for works, manufacturing or the provision of services. The Committee therefore considers that the comments of the CUT do not appear to be directly linked to the execution of public contracts within the meaning of Article 1 of the Convention. The Committee requests the Government to forward any comments it wishes to make in reply to the observations of the CUT. The Committee also requests the Government to reply to the observation made in 2012.