Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 12 of the Convention. The Committee notes the detailed information provided by the Government concerning the provisions contained in the national legislation for the protection of workers' wages. Nevertheless, it notes that Brazilian legislation does not determine the maximum amounts and manner of repayment of advances on wages, as required by the Convention.

The Committee wishes to recall that when a State ratifies a Convention, the Government has to take the necessary measures to give effect to its provisions. It therefore hopes that the Government will adopt the necessary measures to: ensure that the competent authority regulates the maximum amounts and manner of repayment of advances on wages; limit the amount of advances which may be made to a worker in consideration of his taking up employment and ensures that the authorized amounts are clearly indicated to the worker; and lay down that any advance in excess of the amount determined shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the workers at a later date.

The Committee requests the Government to provide information in its next report on the progress achieved in bringing the national legislation into conformity with this provision of the Convention.

The Committee notes with interest the detailed information contained in the Government's report concerning the measures adopted to improve the living standards of the rural population, and in particular of workers (Parts II and IV of the Convention). The Committee would be grateful in particular if the Government would provide with its next report a copy of Act No. 9061 of 21 January 1998 respecting fixed-term contracts. It would also be grateful if the Government would continue to provide information on any measures adopted to increase the flexibility of employment contracts.

Point V of the report form. The Government is requested to continue providing information on the application of the Convention in practice, and for example to provide summaries of the reports of the inspection services and any other information related to the application of the Convention.