Canada-Brazil Memorandum of Understanding on Labour Cooperation
In May 2015, Canada and Brazil renewed a Memorandum of Understanding (MOU) on cooperation in labour and employment matters. In effect for three years, the MOU is to be implemented through a program of cooperative activities taking place alternately in each country. The agreement covers the following key areas: industrial relations, labour inspection, occupational safety and health, and incentives for decent work.
The MOU was developed to facilitate and encourage cooperation, exchange of information, and best practices between Canada and Brazil.
Canada-Brazil Memorandum of Understanding on Labour Cooperation
Memorandum of Understanding between the Labour Program of Employment and Social Development Canada and the Ministry of Labour and Employment of the Federative Republic of Brazil in the Area of Labour and Employment
The Labour Program of Employment and Social Development Canada and the Ministry of Labour and Employment of the Federative Republic of Brazil, hereinafter referred to as “the Participants”,
ACKNOWLEDGING that the Participants share a similar commitment to high level standards of labour laws, policies, and practices and that they are committed to promote fair, safe, healthy, cooperative, and productive workplaces in their respective countries;
DESIRING to strengthen and intensify cooperative relations in matters of labour and employment;
RECOGNIZING that the ties of collaboration between the Participants in the abovementioned matters serve their mutual interests;
HAVE COME to the following understanding:
- This Memorandum of Understanding (“MOU”) is the structure on which the Participants will seek to develop and promote greater cooperation. An indicative list of areas of cooperation between the Participants is set out in the Annex to this MOU.
- The cooperative activities will be applied with the prior consent of both Participants. In carrying out these activities, the Participants may cooperate through seminars, training sessions, working groups, conferences, and other means to which the Participants may decide.
- To ensure the effective application of cooperative activities under this MOU, the Participants will act as coordinators in their respective countries, being able to invite other public and private sector institutions, organizations and national or international bodies, as well as non-governmental organizations, to take part in the activities set forth in this MOU.
- The Participants will mutually consult on any matter and/or aspect relative to this MOU and will endeavour, in the spirit of cooperation and mutual trust, to resolve any problems that may arise under this MOU.
- The Participants understand that the activities carried out under this MOU are subject to the availability of their respective funds.
- Unless otherwise decided in advance, each Participant will be responsible for its own expenses arising from the activities described in this MOU.
- This MOU is not legally binding, but rather reflects the intention to strengthen relations between the Participants.
- This MOU will come into effect on the date of its signature by the Participants and will remain valid for a period of three years, being renewable by mutual consent of the Participants.
- This MOU may be amended or extended by mutual consent of the Participants, and may be terminated by either of the Participants, provided that 90 days’ advance notice in writing is given to the other Participant.
SIGNED in duplicate at this day of 2015, in the English, French and Portuguese languages, each version being equally valid.
For the Labour Program
of Employment and Social
Development Canada
For the Ministry of Labour
and Employment of the Federative
Republic of Brazil
Annex
Potential areas of cooperation
Industrial Relations
- (a) Preventive mediation and conciliation tools;
- (b) Mechanisms and practices aimed at resolving disputes in a timely manner;
- (c) Approaches, services and processes for fostering constructive relations between labour and management while improving their problem-solving skills;
- (d) Tools and research infrastructure to further the development and implementation of industrial relations policies and conflict resolutions mechanisms;
- (e) Comparison of labour relations systems in Canada and Brazil;
- (f) Types of relationships between employers and unions, with emphasis on representation for self-employed workers;
- (g) Regulations governing cooperative and associative labour relations, and means of promoting their legalization; and
- (h) Social Dialogue and collective bargaining.
Labour Inspection (Operations)
- (a) Processes for developing, implementing and enforcing legislation, regulations and policies that reflect the changing nature of the workplace;
- (b) Tools to support legislative change, labour standards and other regulations concerning working conditions and workplace issues such as hours of work, minimum wage, general holidays, compensation for unjust dismissal or severance pay, handling of complaints unrelated to unjust dismissal and various types of leave such as vacation, maternity, bereavement or illness;
- (c) Mechanisms for enforcing labour laws in remote areas; and
- (d) Exchange of information on distance education for labour inspectors.
Occupational Safety and Health
- (a) Methods, measures and best practices for preventing or reducing workplace accidents and injuries;
- (b) Education and training tools to create awareness and change attitudes which would lead to improved physical and mental health of working people;
- (c) Partnerships for effective promotion of health and safety in the workplace;
- (d) Development of products and services designed with an emphasis on prevention to foster improvements in the workplace; auditing and investigative methods for ensuring compliance; and
- (e) Occupational Health and Safety in small and micro companies in the mining sector.
Incentives for Decent Work
- (a) Application of labour standards;
- (b) Training and development;
- (c) Protection of workers against occupational injury and illness;
- (d) Job creation and generation of decent work;
- (e) Eradication of child labour;
- (f) Knowledge of labour-management practices; and
- (g) National, regional and sectorial Plans of Decent Work.
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