Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the observations made by the National Union of Labour Inspectors (SNAIT) concerning the fact that the Government did not respect the obligation to consult the representative organizations of employers and workers on the latest adjustment of the minimum wage and that the Congress was only consulted subsequently.

According to the SNAIT, the absence of consultation of the representative organizations of employers and workers concerning the adjustment of the minimum wage was recognized by the Minister of Labour during a meeting with the Unique Workers' Central (CUT) and through the press, where he stated that "the minimum wage cannot be negotiated".

The Government states that the current minimum wage in the country was determined by Provisional Resolution No. 1415, of 29 April 1996 (Official Journal of the Union, 30 April 1996), and is currently before the Congress for approval. According to the Government, a Provisional Resolution is an instrument provided for by article 62 of the federal Constitution, which can be used by the President of the Republic in cases of emergency or necessity. It has force of law and must, immediately following publication, be submitted for approval to the National Congress. The Government explains that the adjustment of the minimum wage meets the needs of workers and their families as well as the requirements of economic development, productivity and the maintenance of a high level of employment. When fixing the rate of the minimum wage, the Government took into consideration economic issues and consulted with the representatives of employers and workers. The Government therefore considers that it has not in any way infringed the principles of the Convention. Its intention was to preserve employment while assuring a minimum income to Brazilian workers, using methods that are compatible with the Economic Stabilization Plan established in 1994.

The Committee notes the Government's statement. It recalls that Article 4, paragraph 2, requires full consultation with representative organizations of employers and workers concerned or, where no such organizations exist, their representatives, in connection with the establishment, operation and modification of machinery whereby minimum wages can be fixed and adjusted. In this respect, the Committee also recalls the indications contained in paragraph 234 of its General Survey of 1992 on minimum wages, according to which, although States are free to choose the means whereby consultation is carried out, the consultation must take place before decisions are taken and must be effective, that is to say that it must enable employers' and workers' organizations to have a useful say in matters that are the subject of consultation, in this case matters relating to the adjustment of minimum wages. The Committee also recalls that the obligation to consult is distinct from negotiation.

The Committee requests the Government to indicate the consultations that were held prior to the adjustment of the minimum wage by Provisional Resolution No. 1415, with an indication of the organizations of employers and workers which were consulted and the results of these consultations. It also requests the Government to indicate the measures which have been taken or are envisaged to ensure prior and effective consultation of the organizations of employers and workers concerned in decisions relating to minimum wages in accordance with Article 4, paragraph 2.