Employment and industrial relations in Brazil
Lead NCPBrazil
Supporting NCP(s)None Selected
DescriptionSpecific instance notified by the trade union Unified Workers Central (CUT) regarding the activities of Pertech in Brazil.
Theme(s)Employment and industrial relations, General policies
Date12 Dec 2005
Host country(ies)Brazil
SourceTrade Union
Industry sectorManufacturing
StatusNot accepted
Summary

Read the final statement issued by the Brazilian NCP concluding the specific instance – 2008.


On 12 December 2005, the Brazilian NCP received a request for review by the trade union Unified Workers Central (CUT) alleging that Pertech had breached the general policies, and employment and industrial relations provisions of the Guidelines in Brazil by dismissing a labour union representative without cause.

The Brazilian NCP initially accepted the request and called on the parties to present their positions in relation to the allegations and to provide the necessary explanations for further analysis on the issue. On 20 February 2008, Pertech sent a letter declaring that the company had not breached any labour law. This statement was endorsed by the First Federal Judge of the 6th Labor Court in Sao Bernardo do Campo, SP who had declared that the company had acted in accordance with the law regarding the dismissal of that employee, having paid him correctly all the legal severance dues and in a timely fashion. Taking this into account, the NCP considered that it was inappropriate to continue analysing a request that had already been judged in a court of law and subsequently concluded that it could not accept the specific instance.