Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the annexed documentation. With reference to the settlement of the remaining 56 cases of outstanding wage debts owed to ex-employees of the Technical Assistance and Rural Development Enterprise (EMATER) of the State of Minas Gerais, the Committee notes the Government’s statement in reply that out of 338 cases involving that company as defendant, 210 cases were dropped while 128 others are still pending before the Labour Court. Noting the discrepancy between the figures communicated by the Government in its last two reports, the Committee would appreciate receiving further clarifications on the exact number of outstanding wage claims. It also asks the Government to report on any further progress made towards the final settlement of the amounts due.

Moreover, the Committee notes the statistical information supplied by the Government concerning the infringements of labour legislation on wages for the period 1997-99. It also notes the Government’s statement to the effect that the greatest number of violations reported relate constantly to wage arrears. In fact, according to the Government’s report, in 1997, proceedings were initiated in 8,312 cases of wage arrears representing 51 per cent of all wage-related proceedings, the corresponding figures for 1998 and 1999 being 7,035 (48 per cent) and 6,566 (46 per cent) respectively. Similarly, in the first quarter of 2000, there were 1,304 prosecutions regarding wage arrears representing 41 per cent of all the irregularities prosecuted in the field of compliance with labour legislation on wage protection.

Finally, the Committee notes with interest the recent enactment of Ministerial Order No. 1.601 of 1 November 1996 relating to the organization and processing of wage debt proceedings as well as Law No. 9.777 of 29 December 1998 amending the Criminal Code with a view to strengthening law enforcement against degrading labour practices especially in rural areas. In the light of its previous observations made in conjunction with its comments on Conventions Nos. 29 and 105, the Committee hopes that these legislative measures will prove effective in enhancing compliance with the labour legislation on wage protection. The Committee would be grateful if the Government would continue to supply practical information on the supervision but also on the imposition of appropriate penalties to prevent and punish infringements of national laws and regulations giving effect to the Convention.