On Wednesday (29), some participants in a hearing, which discussed the actuation of the International Labor Organization (ILO) in Brazil, defended the adoption of conventions of that agency of the United Nations. The debaters mainly defended the ratification of the Convention 87, of 1948, which handles the unions’ freedom and the protection of the right to unionism, considered as one of the most important multilateral treaties of ILO.

"Our country, which we want to recognize as a regional leader at the promotion of human rights, needs to evaluate the consequences of not ratifying that document, which is so important for ILO”, said the minister of the High Labor Court (TST), Lelio Bentes Corrêa, at the hearing promoted by the Committee on Foreign Relations and National Defense; and on Labor, Administration and Public Service.

Another convention by ILO, the #158 of 1982, was discussed at the meeting, and eliminates dismissals without a just cause. The adhesion of Brazil to that convention was rejected last year by the Committee on Foreign Relations because its rapporteur, Deputy Júlio Delgado (PSB-MG), understood that labor legislation is already sufficient to guarantee the workers’ rights. The text of the convention, though, is currently being analyzed at the Chamber, and is being processed as Message 59/8, from the Executive Power.

According to the Convention 158, the dismissal of employees is only allowed if the company proves to be undergoing a financial crisis; in conjunctures of technological changes; or if it is proved that the employee being dismissed has no ability to exert his/her tasks, because of incompetence, for instance.

Poor Model
The president of the National Association of Magistrates of Labor Justice (Anamatra), Cláudio José Montesso, considers that it is necessary to rethink the unions’ model, and even to extinguish mandatory union’s dues.

Also according to the evaluation of the director of the National Industry Confederation (CNI), Dagoberto Lima Godoy, Brazil lacks unions that would be really representative. He lamented that Brazil has maintained so far that gap regarding Convention 87. This country has to show every year that it does not respect the right to union’s freedom.

For the Labor attorney-general, Otávio Brito Lopes, Brazilian union’s movement is more and more weakened, and therefore cannot get to fulfill the claims of workers.

Non-grounded dismissals
The vice-president of the General Workers’ Union, Deputy Roberto Santiago (PV- SP), alerted to the losses that non-grounded dismissals generate for Brazil. “That country lost R$18 billion in 2008, because they were spent with contract rescissions and unemployment insurance. The undertakers need to think on that”, he affirmed.

For the minister of TST, Lelio Bentes Corrêa and for the Labor attorney-general, Otávio Brito Lopes, the valuation of labor and of the workers’ rights should be discussed during this current moment of crisis. Also according to the opinion of Cláudio José Montesso, of Anamatra, the right to work is something which interests Brazilian society.

Although he recognizes the importance of international rules, the representative of CNI of ILO, Dagoberto Lima Godoy, considered that it is complicated to ask from companies what they cannot give – labor safety. According to his opinion, it is necessary to substitute labor safety for safety in labor market, as it starts to occur in countries such as Denmark.

The hearing was performed at the request of Deputies Henry and Edgar Moury, both from PMDB of Pernambuco.

Report - Noéli Nobre
Editing - Newton Araújo
Translation - Positive Idiomas Ltda