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The Committee notes the Government’s report.

The Committee recalls that its previous comments refer to the following points:

(a)   the prohibition of establishing more than one trade union, whatever its level, to represent the same occupational or economic category at the same territorial location (article 8(II) of the Constitution and section 516 of the Consolidated Labour Code (CLC));

(b)   the deduction of a union contribution from the wages of workers in the various occupational categories to finance the maintenance of the confederal system of union representation (article 8(IV) of the Constitution), and the levying of compulsory union dues for all workers in a particular economic category (sections 578, 579 and 580 of the CLC). In this respect, the Committee notes the Government’s information indicating that, in March 2005, it submitted to the National Congress the proposed constitutional amendment (PEC No. 369/05) that amends section 8 of the Constitution, which was prepared within the framework of the tripartite negotiations held by the National Labour Forum, and that this amendment will enable the Government to present the draft Trade Union Relations Act. Under these circumstances, the Committee strongly hopes that the proposed amendment to section 8 of the Constitution and the draft Trade Union Relations Act will be in full conformity with the Convention, and requests the Government to provide information on the legislative development of the draft in its next report;

(c)   the requirement of five organizations at lower level in order to form federations and confederations (section 534 of the CLC). In this respect, the Committee recalls that, as in the present case of organizations in a single sector, such a requirement is too high and makes it difficult for trade unions to establish organizations at a higher level in full freedom, and is therefore contrary in particular to the provisions of the Convention respecting policies to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers. Under these circumstances, the Committee urges the Government to amend section 534 of the CLC so as to reduce the number of organizations at lower level required to form a federation, and to provide information in its next report on any measures adopted in this respect.

Moreover, in its previous direct request, the Committee asked the Government to keep it informed of any legislative developments concerning the definition of rural workers in the CLC, since the definition is insufficient to cover all rural workers and as a result does not include temporary workers, workers engaged in sugar-cane harvests, casual workers, tenants and sharecroppers. The Committee observes that, according to the Government, the definition of rural workers for the purposes of their coverage by trade unions set out in Legislative Decree No. 1166 of 15 April 1971 is broader and covers both individuals providing services to a rural employer in return for remuneration of any type and workers whether or not they are owners who work on their own account or with their families, with this being understood as covering the members of the family, in activities that are indispensable for their own subsistence and carried on in conditions of mutual dependence and collaboration, even though the assistance of third persons may be used. The Committee takes note of this information.

Lastly, the Committee notes that with regard to the ratification of Convention No. 87, which it referred to in its previous direct request, the Government indicates that within the National Labour Forum, in which tripartite discussion takes place on constitutional and legal amendments, the social partners have agreed to establish a system that is based on neither trade union monopoly nor plurality, but representativeness, and that it is not yet clear if the new legislation will allow for the ratification of the Convention No. 87.

Recalling that under Article 3 of Convention No. 141 all categories of rural worker have the right to form, without previous authorization, organizations of their own choosing, the Committee requests the Government to take the necessary measure to amend the legislation so as to bring it into conformity with this Article. The Committee requests the Government to keep it informed of developments in this respect.

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The Committee notes the information provided by the Government in its report and recalls that its previous comments referred to the following provisions, which are contrary to Article 3 of the Convention, namely:

(a)  the prohibition of establishing more than one trade union, whatever its level, to represent the same occupational or economic category at the same territorial location (article 8(II) of the Constitution and section 516 of the Consolidated Labour Code (CLC));

(b)  the deduction of a union contribution from the wages of workers in the various occupational categories to finance the maintenance of the confederal system of union representation (article 8(IV) of the Constitution), and the levying of compulsory union dues for all workers in a particular economic category (sections 578, 579 and 580 of the CLC); and

(c)  the requirement of five organizations at lower level in order to form federations and confederations (section 534 of the CLC).

The Committee notes the information provided by the Government that it had submitted to the National Congress a proposed constitutional amendment (PEC No. 623/98) setting out the freedom to establish trade unions, the ending of the representative monopoly based on a single trade union, the elimination of the confederal contribution, the revision of the statutory power of the labour justice system and the establishment of extrajudicial bodies for prior mediation and conciliation in individual disputes. However, the Government indicates that while the above proposal was shelved by the legislative authorities, there is now currently before the Constitutional and Justice Commission of the Federal Senate a draft Legislative Decree SF PDS 16/84 approving the text of Convention No. 87.

With regard to the prohibition of the establishment of more than one trade union organization, set out in article 8(II) of the Constitution, and section 516 of the CLC, the Committee recalls that trade union pluralism should remain possible in all cases and that the law should not institutionalize a factual monopoly; even in a situation where at some point all workers have preferred to unify the trade union movement, they should still remain free to choose unions outside the established structures should they so wish (see the 1994 General Survey on freedom of association and collective bargaining, paragraph 96).

As regards the compulsory financing of the confederal system, set out in article 8(IV) of the Constitution, the Committee once again reminds the Government that, in general, questions relating to the financing of union organizations should be governed by the rules of the respective organizations, or be the result of standards agreed in of collective agreements.

With reference to the requirement of a minimum number of five trade unions to establish a federation, provided for in section 534 of the CLC, the Committee emphasizes that, as in the present case of organizations in a single sector, such a requirement is too high and makes it difficult for trade unions to establish organizations at a higher level in full freedom, and is therefore contrary in particular to the provisions of the Convention respecting policies to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers.

The Committee hopes that the draft Legislative Decree will be adopted in the near future and will take into account the provisions of the Convention, particularly with regard to trade union pluralism. The Committee requests the Government to keep it informed of any legislative developments and to provide a copy of the above draft text.

With regard to the information requested on the specific measures adopted to promote the development of strong and independent rural workers’ organizations (Articles 5 and 6 of the Convention), the Committee notes that the definition of rural worker contained in the CLC is insufficient to cover all rural workers and that as a result temporary workers, workers engaged in sugar-cane harvests, casual workers, tenants and sharecroppers are not covered by the definition, but that the definition of rural workers for the purposes of their coverage by trade unions set out in Legislative Decree No. 1166 of 15 April 1971 is broader and covers both individuals providing services to a rural employer in return for remuneration of any type and workers whether or not they are owners who work on their own account or with their families, with this being understood as covering the members of the family, in activities that are indispensable for their own subsistence and carried on in conditions of mutual dependence and collaboration, even though the assistance of third persons may be used. The Committee requests the Government to keep it informed of any legislative developments with regard to the definition of rural workers in the CLC.

On the subject of the policy adopted by the Government to encourage organizations of rural workers, the Committee notes with interest the establishment of the "consortium of rural employers", motivated by the need to place limits on the establishment of cooperatives of rural workers as envisaged in section 442 of the CLC, which is used to flout the labour legislation. Under this new system, rural employers endeavour to create methods of engagement that are compatible with the labour legislation and establish a system of solidarity for employers in respect of their labour obligations. The Committee requests the Government to forward a copy of Acts Nos. 8,212 and 10,256, and the manual entitled Condomínio de empregadores: Um novo modielo de contratação no meio rural, to which it refers in its report.

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The Committee notes the information supplied by the Government in its report and recalls that its previous comments referred to the following provisions which contravened Article 3 of the Convention:

(a) the prohibition on establishing more than one trade union, whatever its level, to represent the same occupational or economic category at the same territorial location (article 8(II) of the Constitution and section 516 of the Consolidated Labour Code (CTL));

(b) the requirement regarding the necessary number of organizations at a lower level, which restricts the free establishment of federations and confederations (section 534 of the CTL); and

(c) the payment of a union contribution from the wages of workers in the various occupational categories to finance the maintenance of the confederal system of the relevant union representation (article 8(IV) of the Constitution), and the levying of a compulsory union contribution for all workers in a particular economic category (sections 578, 579 and 580 of the CTL).

As regards the compulsory union contribution, the Committee notes with interest the statement made by the Government that it recently submitted to the Legislative Authority a draft law, negotiated with the social partners, which eliminates the union contribution for all workers in a particular economic category imposed by section 578 of the CTL. The Committee requests the Government to keep it informed of all developments in this respect and to send it a copy of the text of the law once it has been approved.

As regards the compulsory financing of the confederal system, provided for in article 8(IV) of the Constitution, the Committee once again reminds the Government that in general questions relating to the financing of union organizations should be governed by the rules of the respective organizations or be the result of standards agreed by means of collective agreements.

With reference to the prohibition on establishing more than one union organization, provided for in article 8(II) of the Constitution and section 516 of the CTL, the Committee wishes to emphasize that any single trade union or monopoly system imposed by law directly or indirectly and at any level departs from the principle of the free establishment of rural workers' organizations laid down in Article 3 of the Convention.

As regards the requirement for a minimum number of five trade unions to establish a federation, provided for in section 534 of the CTL, the Committee emphasizes that such a requirement is too high and makes it difficult for trade unions to freely establish organizations at a higher level.

The Committee again hopes that the Government will adopt the necessary measures to bring the legislation into conformity with the principles of freedom of association and the provisions of the Convention, and once again asks that it be kept informed of any progress made in this respect.

As regards the information requested on the specific measures adopted to promote the development of strong and independent rural workers' organizations (Articles 5 and 6 of the Convention), the Committee notes the information supplied by the Government together with the number of rural workers' organizations in existence in the country. The Committee duly notes in particular the Government's interest in improving the legislative definition of a rural worker so that it includes the different categories in existence in the country, and therefore accelerates and reinforces the establishment of rural workers' organizations. In this respect, the Committee requests the Government to keep it informed of any progress made.

The Committee observes that in the past the Committee on Freedom of Association has examined a number of cases concerning the difficulties experienced by rural workers' organizations (sugar cane plantations) in carrying out their activities and declaring strikes (see Cases Nos. 1294, 1313, 1331, 1377). In this respect, the Committee recalls that governments should adopt a policy with a view to eliminating obstacles to the pursuit of their lawful activities, and that rural workers, like all other workers, should enjoy the right to strike (see General Survey on freedom of association and collective bargaining, 1983, paragraph 351). The Committee requests the Government to inform it of any measures it has adopted in relation to the question raised.

REQUESTS The Government is asked to report in detail in 1998. #REPORT_DATE:00:00:1998

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The Committee notes the information supplied by the Government in its first report on the Convention and has the following comments to make:

Article 3. The Committee notes that the following provisions are contrary to the requirements of the Convention:

(a) article 8 (II) of the Constitution and section 516 of the Consoliated Labour Code (CLT), which prohibits the establishment of more than one trade union, whatever its level, to represent the same occupational or economic category at the same territorial location;

(b) section 534 of the Consolidated Labour Code (CLT), of which the requirements regarding a necessary number of organizations at a lower level restrict the free establishment of federations and confederations; and

(c) article 8 (IV) of the Constitution, which provides for the payment of a union contribution from the wages of workers (determined without any limits by the General Assembly) in the various occupational categories to finance maintenance of the confederal system of the relevant union representation as well as sections 578, 579 and 580 of the CLT which impose "a trade union contribution", compulsory for all workers from an economic sector.

On the first point, the Committee wishes to indicate that any single trade union or monopoly system imposed by law directly or indirectly and at any level departs from the principle of free establishment of workers' organizations laid down in Article 3 of the Convention. The Committee wishes to remind the Government that although it is clearly not the purpose of the Convention to make trade union diversity an obligation, diversity should be possible in all cases. There is a fundamental difference between, on the one hand, a trade union monopoly established or maintained by law and, on the other hand, voluntary groupings of workers or unions which occur (without pressure from the public authorities or due to the law) because they wish, for instance, to strengthen their bargaining position or coordinate their efforts to tackle ad hoc difficulties which affect all their organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 91).

On the second matter, the Committee considers that the requirement that, to constitute a federation, there should be a minimum of five unions representing the absolute majority of a group of activities or identical, similar or allied occupations is too high, and makes it difficult for unions to freely establish organizations at higher level.

In regard to the compulsory financing of the confederal system and the compulsory "union contribution", the Committee generally considers that the financing of trade union organizations, whether in respect of their own budgets or those of federations and confederations, should be governed by the rules of the respective organizations or be the result of standards agreed within collective agreements. In addition, the imposition of contributions on non-affiliated workers through the Constitution or through legal channels is not in conformity with the principles of freedom of association.

The Committee hopes that the Government will adopt the necessary measures to bring the legislation into conformity with the principles of freedom of association and the provisions of the Convention and asks that it be kept informed of any progress made in this respect.

Articles 5 and 6. The Committee asks the Government to inform it whether, in the light of the obstacles referred to in its report, there exists a specific policy to encourage the development of strong and independent organizations of rural workers in order to overcome the difficulties raised and to develop more effectively their participation in improvement of work opportunities and working conditions. If so, please indicate the specific measures which have been adopted.