National Confederation of Workers in Tourism and Hospitality – CONTRATUH – PROPOSALS FOR PRESIDENTIAL CANDIDATES
PROPOSALS FOR PRESIDENTIAL CANDIDATES
Brasilia, July 19, 2006.
PREFACE
The National Confederation of Workers in Tourism and Hospitality – CONTRATUH, founded and established on November 26, 1988, in accordance with the legislation in force at the time, with its headquarters and legal domicile in the capital of the Republic, for the purposes of study, coordination, protection, guidance and legal representation of the Trade Union Entities of the Confederative Plan of “EMPLOYEES IN TOURISM AND HOSPITALITY”, represents approximately 8 million workers nationwide, containing in its list of affiliated trade union entities: 05 National Federations, 31 State Federations and 419 Unions, distributed throughout the Brazilian territory.
CONTRATUH has legitimized and solidified its representation over its more than 15 years of existence, demonstrating, through the social causes it defends, sufficient competence to make itself heard by all segments of society. And it has always done so, defending projects of national interest, aiming at the valorization of citizenship as a factor in the integration of workers into the labor market and, above all, into society.
In the exercise of union activity, CONTRATUH, forged as an instrument of struggle for Tourism and Hospitality Workers in this country, has been playing an indispensable role as a trench of resistance against the structural reforms that imply the flexibilization of labor rights, proposed by the globalizing economic dictatorship that is openly present in our country.
Based on its founding principles, CONTRATUH will never condone any type of exploitation of human beings by other human beings. It will always champion the defense of dignified living and working conditions, sustainable development, the end of abusive interest rates, and the ongoing fight for employment, income distribution, and national sovereignty. Institutionally, this leads it to maintain its unwavering position in defense of labor and union achievements, especially constitutional guarantees, including the upholding of Article 8 of the Federal Constitution, the principle of union unity, and the full autonomy of unions. It is committed to always fighting for a citizen-centered and supportive state, acting relentlessly against any other form of social injustice, as a way of effectively contributing to universal peace.
With the primary mission of working alongside the human element participating in the framework of affiliated trade union entities, CONTRATUH, responding to the demands of "Tourism and Hospitality Workers" and considering the potential of the tourism economic sector for the sustainable development of the country, held the VI NATIONAL CONGRESS OF TOURISM AND HOSPITALITY WORKERS, with the purpose of: I – proposing actions aimed at promoting social development and the generation of employment and income; II – providing subsidies for the implementation of professional qualification and requalification programs; III – presenting proposals aimed at social justice, morality, ethics and transparency in the current political scenario; IV – promoting the engagement of candidates for the Presidency of the Republic, the Federal Legislature, and the State Executive and Legislatures, in order to commit themselves to the proposals derived from this Congress.
Finally, this Confederation has the immeasurable satisfaction of presenting the following proposals, which are the subject of the demands of Tourism and Hospitality Workers in this country.
1. PROPOSALS FOR PRESIDENTIAL CANDIDATES
1.1 GENERAL PROPOSALS
Regulation of the professional categories represented by CONTRATUH.
Unwavering defense of union unity.
Regulation of Article 8 of the Federal Constitution to avoid duplication of interpretation by the Judiciary, observing the principles of union unity and autonomy.
To establish, through specific legislation, that the prerogatives of unions, expressed in article 513, letter E, of the CLT (Consolidation of Labor Laws), corroborated in items III and IV of article 8 of the Federal Constitution, constitute a legal impediment to interference by the judiciary itself in union assemblies, recognizing their decisions as sovereign, including regarding the setting of contributions in favor of the entity.
Reduction of the work week to 36 hours, without a reduction in wages.
Elimination of the time bank system.
Drafting a bill to prevent the creation and operation of labor cooperatives that exploit the provision of services and labor.
Redefine the rules of the FAT (Worker Support Fund) for conducting refresher and specialization courses, democratically addressing the demands of the unions.
Extend maternity leave to 180 days and job security for pregnant women to 07 months after childbirth.
Establish a maximum period of 20 days after the complaint for the Regional Labor Offices (DRTs) to carry out inspections requested by the union, using the Collective Bargaining Agreements (CCT) as a basis and the relevant legislation, accompanied by a union leader from the professional category.
The Ministry of Labor and Employment should prioritize the inspection of companies requested by the union, with a maximum deadline of 20 days after the complaint, using the Collective Bargaining Agreement (CBA) as a basis and the relevant legislation. The auditor should be accompanied by a union leader from the professional category, establishing that the unions are primarily responsible for monitoring contract terminations.
Create a "S" system for tourism.
Improve income distribution through profit-sharing and results-based bonuses.
Improve tourist transportation, lower prices, maintain roads safely, and create a toll-free number for tourists.
Conduct a rigorous campaign to combat and punish the practices of sex tourism, racial discrimination, and child labor.
Create technical schools.
To raise awareness and train entrepreneurs for the development of sustainable tourism with social responsibility.
Develop public policies to promote social tourism.
To guarantee the participation of the category's Unions, Federations and Confederation in the construction of public policies.
Involving society in the process of eradicating child sexual exploitation.
Create specific laws for the development of tourism.
Casinos reopening in Brazil.
Sufficient budget allocation for tourism promotion.
Establish, as a basic criterion for public funding, the following indicators: number of existing jobs and salaries paid; number of jobs to be created and salaries to be paid.
Create tax incentives for entrepreneurs who invest in new tourism hubs to generate new jobs and distribute income.
To guarantee the participation and representation of tourism and hospitality workers on Tourism Councils.
To raise awareness among employers about hiring qualified labor.
1.2. CATEGORY PROPOSALS
Group Meals and Related Services
1. Eliminate the scheduled medical discharge program of the INSS (Brazilian National Social Security Institute).
2. Create a law that allows union leaders free access to perform their duties in the locations where services are provided.
Buildings and Condominiums, Purchase, Sale, Rental and Management of Properties and Elevator Maintenance.
1. Proposal to amend Bill 1436/99 to include the accompaniment of the annual inspection with the presence of a representative of the category and a safety engineer.
2. Prohibition on condominiums and similar entities from hiring employees through outsourced companies, including cooperatives, transforming into law TST Precedent 331, which must specify what constitutes core and non-core activities.
3. Reduction of the time period for granting permanent retirement due to disability or illness and adoption of new procedures for the retraining of workers upon their return to work after receiving social security benefits.
4. Review of the participation of tax auditors in the salary supplementation by points and of Interministerial Ordinance number 49 of the Ministries of Finance and Labor and Employment that governs the value of fines in UFIR in condominiums.
5. Specific legislation for condominiums aimed at reducing costs without harming workers.
6. Review of the CBO (Brazilian Classification of Occupations) to classify all activities related to Condominiums and Buildings.
7. Non-approval of Bill No. 48/2003, which is detrimental to workers in condominiums and buildings, also considering that public safety is the duty of the State.
Amusement Houses and Bingo Halls
1. Reopening of Bingo Halls, until the activity is regulated, without new concessions.
2. Regulation of Bingo Halls with a review of existing regulations.
3. Allocate a percentage of revenue to Public Security and the equipping of prisons and police forces, with oversight of the allocation of resources by the competent bodies, with the participation of workers.
4. Joint work between regulatory bodies and trade unions.
5. Link the category to the professional qualifications of specialized bodies and trade union entities, both for workers and employers.
6. Establish forums for debate on the sector through public hearings.
7. Establish specific bodies for strict oversight of bingo halls, with the participation of workers, avoiding the embarrassment caused by police power to customers and workers.
8. Create opportunities for bingo workers to participate in parliamentary committees where bingo sector issues are discussed.
Beauty Salons and Hairdressers
1. Regulation of beauty professionals encompassing: hairdressers, barbers, manicurists, beauticians, waxing specialists, and makeup artists.
Tourism Workers and Tour Guides
1. Align the regulations of the Ministry of Tourism and the Ministry of Labor, with a view to recognizing the professional tour guide, due to the lack of a professional code.
2. To proceed with the processing of the request for the creation of the National Council of Tourist Guides and subsequent approval by the Presidency.
3. To certify the quality of tourism services in different segments.
4. Install the tourist portal at the entrances to tourist cities.
5. Make the presence of a qualified tour guide, as required by law, mandatory in tourist transportation, through the ANTT travel manifest.
6. To maintain and generate jobs through the exclusive sale of tickets for tourism purposes by travel agencies.
7. Extend the tax benefits granted to taxi drivers to tourist vehicles.
8. Restructuring the Ministry of Tourism's workforce by utilizing technical and tourism professionals through public competitive examinations.
Charitable, Religious and Philanthropic Institutions.
1. To recover, regulate, and comply with Article 577 of the CLT (Consolidation of Labor Laws), which deals with union classification.
2. Within the agreements signed with the Public Authorities, establish criteria in a participatory manner, involving Councils, Forums and Trade Union Entities, that respect the Collective Bargaining Agreements (CBAs), and also the minimum rights required by law.
3. Ensure that budgets allocate sufficient financial resources to cover the costs of actions demanded by our segment and users, across all three levels of government (Federal, State, and Municipal).
4. To guarantee, through a draft law, the inclusion of union negotiations for employees of charitable, religious, and philanthropic institutions in the budgets of all three levels of government.
5. Submit as a Bill:
a) Regarding collective agreements: that a clause be inserted into previous agreements and added to current ones, stipulating that the network of affiliated entities be compelled to comply with the collective instrument signed between the union entities representing employees and employers (Union of Employees of Charitable, Religious and Philanthropic Institutions), with the obligation on the part of the Public Authority to financially cover such burden.
b) Regarding the monitoring of regulatory obligations: that the periodic transfer, monthly, bimonthly or quarterly, be conditional upon proof, through a declaration provided by the union representing the employees, of the regularity of the contracted network, regarding compliance with the obligations originating from the Collective Agreements or Conventions and subject to their respective base dates and union contribution slips.
Cleaning and Maintenance
1. Amendment to the FGTS Law – to prevent Caixa Econômica Federal from improperly withholding workers' money.
2. Create a specific Regulatory Standard for the Cleaning and Maintenance sector, aiming for joint oversight and enforcement decisions (Workers' Union and Ministry of Labor and Employment), in addition to monitoring Bill 3904/2004 and conducting a national campaign on workplace accidents.
3. Create legal measures to prohibit the use of electronic bidding in the contracting of service providers.
4. To commit to the category to introduce several changes in legislation, aiming for effective compliance with collective agreements and to prevent companies from defrauding labor rights.
5. Approval of Bill 4837/2005.
6. Regulation of the Cleaning and Maintenance Sector and assigning the oversight of the employer segment to a government agency.
7. Draft Law requiring companies to have Share Capital of three times the monthly value of the contract as a guarantee to participate in bidding processes, and mandating that the bidding documents include the requirement for a Certificate of Union Regularity and the presentation of a security deposit.
8. Draft Law requiring Cleaning and Maintenance companies to fully pay up the capital declared at the time of their incorporation.
Hotel and Hotel Trade
1. For the purposes of article 457 of the CLT (Consolidation of Labor Laws), regulate the service charge in hotels, restaurants and similar establishments, making it mandatory to charge it on the expense receipt and allocate it to employees, as decided in a specific assembly.
2. Propose a bill that would require companies with more than 10 employees to maintain a minimum percentage of 1/3 of their workforce over 40 years of age, and that the number of underage employees and interns does not exceed the number of those over 40 years of age.
3. To improve the performance of the Regional Labor Delegations (DRT) and sub-delegations/Ministry of Labor and Employment (MTE) by expanding the number of labor inspectors and engineers, acquiring equipment, and computerizing processes, in order to guarantee efficiency in inspections.
4. Include in the regulatory standards the additional hazard pay for professional activities in the hospitality and gastronomy sector that may be harmful to the health of workers.
