Brazil

The ITUC affiliates in Brazil are the Central Única dos Trabalhadores (CUT), the Confederação Nacional das Profissões Liberais (CNPL), the Força Sindical (FS) and the União Geral dos Trabalhadores Brasil (UGT).

In practice

Freedom of association / Right to organise

Trade union discrimination:

Anti-trade union practices at SABESP
31-08-2013

In August 2013, the state-owned Saneamiento Básico del Estado de Sao Paulo (SABESP) made staff cuts, including the dismissal of 31 trade union leaders.

Anti-trade union stance at TV Paraíba
31-07-2013

In July 2013, after the setting up of the Sindicato dos Trabalhadores em Empresas de Radiodifusão e Televisão de Campina Grande, Televisão Paraíba began a campaign to crush the union, dismissing and harassing trade union leaders.

Others restrictions:

Banco Santander’s anti-trade union practices
11-04-2013

On 11 April 2013, Brazilian workers at the Santander Group delayed the opening of branches in protest against dismissals, job rotations, excessive targets and harassment and to press for better health, security and working conditions, as well as equal opportunities and the acknowledgement of retired workers.

This action was part of the National Day of Action during which a series of protests took place throughout the country, condemning certain banking practices that are damaging to banking workers and have repercussions on the levels of customer service.

In response, Santander brought a case claiming moral damages against the Sindicato dos Bancários e Financiários de São Paulo, Osasco e Região, the Federação dos Trabalhadores em Empresas de Crédito de São Paulo (FETEC/SP) and the Confederação Nacional dos Trabalhadores no Ramo Financeiro (CONTRAF), alleging that the actions of these organisations had caused “irreparable damage to Santander’s image (…) bordering on barbarity”, to quote the terms used in the legal action.

The bank employed the strategy of bringing an issue before the courts that should be addressed in the workplace. CONTRAF commented that this type of anti-trade union practice had been used by the financial institution in 2011 in an attempt to intimidate workers’ representatives.

Violence against trade unionists
31-01-2013

In January 2013, Cicero Guedes, a leader of the Movimento dos Trabalhadores Rurais sem Terra (MST) was ambushed and killed near a sugar cane industrial complex. A former sugar cane cutter, he was cycling home from a meeting to negotiate a solution to the disputes between rural families and the Usina Cambahyba, a complex of seven farms totalling 3,500 hectares.

Criminalisation of the land struggle
31-12-2012

Udo Wahlbrink, President of the Sindicato dos Trabalhadores Rurais de Vilhena e Chupinguaia, in Rondonia, was threatened and shot at three times. Having received no protection from the justice system and the police, he decided to carry a gun, which was used an excuse to detain him and torture him for eight months in 2012.

According to the Pastoral Land Commission (CTP), there were 36 agrarian conflict-related murders in 2012, an increase of 24% on the 29 cases in 2011. In 2012, Rondonia state exceeded Pará state in the total number of murders related to land disputes, with nine cases, as opposed to two the previous year, an increase of 350%.

Right to collective bargaining

Restrictions on the principle of free and voluntary bargaining:

Veracel refuses to negotiate with the union
31-03-2013

Limitations or ban on collective bargaining in certain sectors:

Collective bargaining difficulties in civil aviation sector
21-10-2011

On 21 October, the Sindicato Nacional dos Aeroportuários (SINA) led a 48-hour stoppage at Viracopos airport in the city of Campinas, around 100 km from Sao Paulo, in protest at the concession model chosen by the Brazilian government. Under the new model, ground operations, cargo handling, air navigation, fare control, specialised engineering and maintenance services will be contracted out to private companies, making employment conditions more precarious. The workers are still calling for their rights to be protected.

Sao Paulo’s municipal cemetery workers face collective bargaining deadlock
30-08-2011

Municipal cemetery workers in charge of burials in the city of Sao Paulo, affiliated to the Sindicato dos Trabalhadores na Administração Pública e Autarquias do Município de São Paulo (Sindesp), went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 30 August. The action went on for seven days. The workers were demanding a pay rise of 39%, given that their wages had not been reviewed since 1995.

Right to strike

Undue interference by authorities or employers during the course of a strike:

Dispute in hospitality sector in Curitiba
13-12-2013

On 30 November 2013, hospitality sector workers in Curitiba took strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action in support of their demand for better pay and working conditions. According to the Confederação Nacional dos Trabalhadores em Turismo e Hospitalidade (CONTRATUH), employers responded with an injunction injunction A court order prohibiting or preventing a certain course of action, such as calling or continuing with a strike. prohibiting the strikers from holding noisy demonstrations in the vicinity of the hotels or restaurants involved in the dispute.

Arrest of trade unionists
28-02-2013

In February 2012, the government of Bahia and Rio de Janeiro States refused to negotiate with striking police officers and fire fighters. Demonstrations were criminalised and several leaders were arrested. In Brazil, fire fighters and police officers are military personnel and as such are forbidden from organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. in trade unions or engaging in industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. .

Limitations or ban on strikes in certain sectors:

Public servants in Roraima do not have the right to strike
31-07-2013

In July 2013, a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by police officers in Roraima state was declared illegal by a labour court ruling.

The judge ruled that the trade union had complied with all the criteria to call a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, but that the sector was considered an “essential service”.

In 2012, public servants working in education in Roraima were hit by a state court ruling that the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
must cease, failing which daily fines of R$100,000 (US$43,000) for the trade union, R$2,000 (US$860) for each trade union leader and R$200 (US$86) for each participant in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
would be payable.

Restriction of pickets
30-11-2012

In November 2012, public health workers in the State of Santa Catarina went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for over 30 days to demand salary increases. An official order by the public prosecutor determined that industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. could involve up to 70 per cent of workers and that pickets could only occur 200 metres away from workplaces and without the use of communication material such as banners or leaflets.

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