CMNT_TITLE

Dock Work Convention, 1973 (No. 137) - Brazil (RATIFICATION: 1994)

Other comments on C137

Observation

Direct Request

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National policy to ensure permanent or regular employment for dockworkers. The Committee notes the Government’s report received in October 2012. The Government indicates that some 22,000 dockworkers are registered with the Port Labour Management Body (OGMO). For the Labour Inspectorate for Ports and Waterways, 15 regional coordinating offices have been established covering the country’s main ports, and have 53 labour auditors/inspectors. Furthermore, a division of the Labour Inspectorate for Ports and Waterways has been set up in the Labour Inspection Secretariat of the Ministry of Labour and Employment. The Government explains that the reason why so many workers are still registered although they have another job is that they hope to obtain compensation by opting out of the system, and that this artificially boosts the numbers of registered dockworkers. In that regard the Government also indicates that, for employers to carry out a voluntary separation or early retirement programme, the help of government incentives will be required. The Committee notes that negotiations are still under way in the Permanent National Ports Commission (CNPP) in the quest for the adoption of negotiated measures to further the application of the Convention. The Committee notes the decision handed down by the Higher Labour Court (TST) in Case No. DC-174611/2006 ruling that, in hiring dockworkers for an indefinite period, port operators must give preference to workers registered with the OGMO. The TST also ruled that if vacancies remained, operators would be free to hire dockworkers directly. Since the publication of the decision on 17 August 2007, between September 2007 and June 2012, the Labour Inspectorate for Ports brought proceedings against 74 port operators in order to give full effect to the operative part of the judgment. The Committee hopes that tripartite dialogue will continue to encourage all those concerned to further the application of the Convention. The Committee invites the Government in its next report to provide up-to-date information on the number of dockworkers and on the results obtained through tripartite cooperation in improving the efficiency of dock work.