Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s report in reply to its previous comments.

Article 4, paragraphs 2 and 3, of the Convention. The Committee recalls its previous observation in which it requested the Government to specify the organizations of employers and workers which were consulted prior to the last adjustment of the minimum wage and also to elaborate on the outcome of these consultations. In its response to the Committee’s previous comments, the Government indicates that, for the purpose of determining minimum wage levels, consultations are held with the principal workers’ and employers’ representative organizations, namely the Brazilian Trade Union Federations (the Single Confederation of Workers (CUT), Força Sindical, the General Workers Confederation (CGT) and the Social Democratic Union (SDS)) as well as the chief employers’ confederations (the National Confederation of Industry (CNI), the National Confederation of Commerce (CNC) and the National Confederation of Agriculture (CAN)). It is still not clear from the Government’s reply, however, whether the above organizations were consulted before any decision was taken and also whether the consultations took place within a formally established institutional framework such as a permanent or an ad hoc consultative body. In an earlier report, the Government had made reference to consultations through various forums and tripartite councils but never provided detailed particulars on these meetings. The Committee wishes to emphasize once again the fundamental character of the principle of full consultation of the social partners at all stages of the minimum wage-fixing procedure. According to the letter and the spirit of the Convention, the process of consultation must precede any decision-making and must be effective, that is to say it should afford the social partners a genuine opportunity to express their views and have some influence on the decisions pertaining to the matters that are the subject of consultation. While recalling that "consultation" should be kept distinct from "co-determination" or mere "information", the Committee considers that the Government is under the obligation to create and maintain conditions permitting the full consultation and direct participation of the social partners in all circumstances, and therefore invites the Government to take appropriate action to ensure that the requirement for meaningful consultations set forth in this Article of the Convention is effectively applied, preferably in a well-defined, commonly agreed and institutionalized form.