Representation against: Brazil - C158 - 1997

Decision

The Governing Body adopted the report of the tripartite committee. Procedure closed.

I. Introduction

1. 1. By a communication dated 4 June 1996, the Trade Union of Workers of the Construction and Furniture Industries of Santos made a representation to the International Labour Office under article 24 of the ILO Constitution, alleging non-observance by Brazil of the Termination of Employment Convention, 1982 (No. 158).
2. 2. The ratification of Convention No. 158 by Brazil was registered on 5 January 1995. It came into force for the country on 5 January 1996. The denunciation of the Convention by Brazil was registered on 20 November 1996. Under Article 17, paragraph 1, of Convention No. 158, the Convention will cease to be in force for Brazil on 20 November 1997.
3. 3. The provisions of the ILO Constitution concerning the submission of representations are as follows:

Article 24

In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party, the Governing Body may communicate this representation to the government against which it is made, and may invite that government to make such statement on the subject as it may think fit.

Article 25

If no statement is received within a reasonable time from the government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.

1. 4. The procedure to be followed in the event of a representation is governed by the revised Standing Orders adopted by the Governing Body at its 212th Session (March 1980).
2. 5. In pursuance of articles 1 and 2 of these Standing Orders, the Director-General acknowledged receipt of the representation, informed the Government of Brazil about it and brought it before the Officers of the Governing Body.
3. 6. At its 267th Session (November 1996), on the recommendation of its Officers, the Governing Body decided that the representation was receivable and set up a Committee to examine it, composed of Mr. A. Ducreux (Government member, Panama, Chairman), Mrs. L. Sasso-Mazzufferi (Employer member, Italy) and Mr. W. Brett (Worker member, United Kingdom).
4. 7. By a communication dated 23 December 1996, the Government was asked to submit its comments before 15 February 1997. On the same date a communication was sent to the complainant organization inviting it to provide supplementary information within the same time-limit.
5. 8. By a communication dated 3 February 1997, the Government sent its comments to the International Labour Office.
6. 9. The Committee met on 18 and 21 March 1997 to discuss and adopt the present report.

II. Examination of the representation

1. Allegations of the complainant organization

1. 10. The complainant organization reports that there has been a massive suppression of workplaces in the civil construction sector without any consultation of workers or their organizations. It alleges that the Government has remained entirely passive in the face of the drastic reduction in employment in this sector, which has fallen from 75,000 to 25,000 workers in five years.

2. The Government's declaration

1. 11. In the Government's view, the Convention does not establish a guarantee of employment or of the right to reinstatement in employment, but provides an obligation for prior consultation in the event of collective dismissal while retaining the employer's right to carry out justified dismissals. It mentions various programmes aimed at combating unemployment, as well as measures in the sphere of occupational safety and health, labour inspection, vocational training and industrial relations. It states that, contrary to the assertions of the complainant organization, employment in the civil construction sector has risen, going from 890,334 jobs in 1993 to 1,264,623 jobs in 1996. Lastly, the Government recalls its denunciation of the Convention.

Conclusions

3. The Committee's conclusions

1. 12. The Committee observes that it is being called upon to give a decision on a representation alleging the non-observance of a Convention that has since been denounced and that will cease to be in force for Brazil on 20 November 1997. The Committee notes furthermore that the complainant organization did not respond to its request to provide supplementary information in support of its allegations.
2. 13. The Committee takes note of the explanations provided by the Government as to the reasons for its denunciation of the Convention, which appear in paragraph 15 of the General Report of the Committee of Experts on the Application of Conventions and Recommendations (November-December 1996 session).
3. 14. The Committee also notes that, in an observation adopted at the same session, the Committee of Experts stated that comments on the application of the Convention had been received from eight workers' organizations. It observes however that since Brazil had denounced the Convention, the Committee of Experts decided not to propose any comments on its application.
4. 15. The Committee takes note that in its denunciation the Government emphasized that it was "sensitive to the issues dealt with in the Convention" and that it had "the intention of continuing to apply and improve the national legislation concerning the protection of employment". It notes furthermore that the Committee of Experts, in view of these assurances by the Government, expressed the "hope that it would maintain contact with the International Labour Office, should it consider that further technical advice might be of help". The Committee fully shares this hope.
5. 16. In the light of these circumstances, the Committee is of the view that there is no call for an examination of the substance of the allegations.

Recommendations

III. The Committee's recommendations

1. 17. The Committee recommends that the Governing Body:
   • (a) approve the present report, particularly paragraphs 12 to 16;
   • (b) declare closed the proceedings brought before the Governing Body resulting from the representation submitted by the Trade Union of Workers of the Construction and Furniture Industries of Santos.