Interference with striking workers in Brazil
Lead NCPBrazil
Supporting NCP(s)None Selected
DescriptionSpecific instance notified by several trade unions regarding the activities of Santander Brasil operating in Brazil.
Theme(s)Concepts and principles, Employment and industrial relations
Date22 Sep 2009
Host country(ies)Brazil
SourceTrade Union
Industry sectorFinancial and insurance activities
StatusConcluded
Summary

Read the final statement issued by the Brazilian NCP concluding the specific instance - 30 March 2015


In September 2009, the Brazilian NCP received a request for review from the trade unions:

  • Bank Workers Union of São Paulo, Osasco and Region, 
  • National Confederation of Financial Sector Workers (CONTRAF), and
  • Unified Workers' Central (CUT); and Credit Workers’ Federation (FETEC)

The trade unions alleged that Santander Brasil, a transnational corporation headquartered in Spain, had breached the concepts and principles, and employment and industrial relations provisions of the Guidelines in Brazil by preventing the presence of Bank Workers' Union leaders in its units during the month of September of 2009, a period in which usually occurs bank workers’ strikes. 

The NCP accepted the specific instance for further consideration and requested further information from both parties. The bank replied that their use of the "Interdito Proibitório", which was within their constitutional rights, did not constitute anti-union behaviour. The trade union disagreed saying that "Interdito Proibitório" was a legal loophole and citing the bank's alleged plans to involved the police to scatter protesters in order to break up the strikes should they have gone ahead.

Despite mediation meetings the NCP could not help the parties come to an agreement on what was meant by anti-union behaviour in the context of "Interdito Proibitório".

Unable to help the parties find a solution, the NCP, in March 2015, concluded this specific instance and issued a final statement. The NCP further recommended that the parties proceed in dialogue on the topics in question and that Santander seeks, in practices related to situations of strike, to go beyond their legal rights and obligations. The NCP believed that such actions would be in the interest of the development of more positive labour relations, in particular in line with the letter and the spirit of the Guidelines.