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Letter to US Secretary of State Hillary Clinton - English Version


Washington DC, September 1, 2011


Your Excellency
Mrs.  Hillary Rodham Clinton
Secretary of State of the United States of America


Dear Madam Secretary,

We, the local staff hired by the Ministry of Foreign Relations (MRE) of Brazil to work at the Brazilian diplomatic and consular representations in the United States, respectfully write to Your Excellency to describe the adverse working conditions that make our lives very difficult here in America.

The Brazilian organizations and diplomatic missions employ Brazilian citizens, American citizens and citizens of other countries; all of whom are resident and legally authorized to work in the US    Many have A-2 visas issued by the State Department, which gives them permission to work only for those Brazilian organizations.

For decades we have not had our wages readjusted, and now the amount we earn is within the poverty level in the  US  , as we do not rely on consistent adjustment policies.   The initial salary for employees locally hired by the Brazilian government is far below current market values,
  and  it is not adjusted in accordance with the  cost of living, nor does it incur annual inflation adjustments.

Data provided by the US Department of Labor establishes that an Administrative Assistant's starting salary in the  Washington   A.D  area is U$4,020.00.    In the  US  capital city, the Embassy and Consulate General of Brazil pay a newly hired Administrative Assistant a salary of only U$2,200.00.

According to the law, employees of foreign missions and foreign organizations cannot make contributions to Social Security.   Locally hired Brazilian citizens contribute to the National Institute of Social Security (INSS) in  Brazil  .   Americans citizens must file their tax returns as self-employed, thus making the employer's contributions in order to be eligible for retirement.    In turn, employees who are citizens of other countries are left without any option for retirement.

The Brazilian Social Security is the only retirement option offered by the Brazilian government to locally hired employees in the US   However the Ministry of Foreign Relations (MRE) does not even keep its contribution to the Brazilian Social Security up-to-date.  Recently, and only after many requests and much interference from local officials and the Brazilian media, the MRE paid the INSS the back dues of many Brazilian citizens who have been requested to be retired for years, thus regularizing their situation.

As a result of such inhumane policies -or lack thereof, there are several cases of employees who work much longer than the regular period of service required by law and, at advanced ages, die without being able to retire. Given this reality, there are situations like that of a European employee who recently left a Brazilian representation without any recognition or compensation from the Brazilian government, and without being entitled to retirement after more than 44 years of service to the Ministry of Foreign Affairs of Brazil.

Another example is the case of a US citizen who worked 40 years at the Embassy of Brazil in Washington  A.D ; she was fired without just cause, was not able to collect unemployment benefits; nor was given the option to withdraw.

We know that the employees who are locally hired at US diplomatic missions in Brazil are governed by Brazilian labor laws and supported by the Consolidation of the Brazilian Labor Laws (CLT).  In good faith, the US government complies with all obligations of an employer, providing numerous benefits to its local staff by offering a retirement plan, and career plan with consistent salary policies to its employees.

Meanwhile, here in the US we do not have rights to: unemployment benefits, disability assistance, contribution to Social Security, 401K, weekly pay (payment is made on a monthly basis, which results in just 48 paid weeks per year, unlike US citizens who are paid for 52 work weeks).  In addition, we do not have career plans, annual wage adjustment, or overtime pay.   Without being paid overtime, local employees are required to be on call, keeping the mission's emergency cell phone during weekends; a function that is intended for the diplomatic corps.

The Brazilian Ministry of Foreign Relations arranges for A2 visas to be granted to some of its local employees whom accept lower salaries in exchange for regularizing their immigration status in the US  With their visas converted to type A2, they are only allowed to work for those Brazilian organizations.   Stuck with their conditional status of work they are subject to despotism by their employer, who refuses to readjust their wages, does not offer better working conditions and keeps their salary below the market average.   The Brazilian Ministry of Foreign Relations uses diplomatic immunity as a shield to avoid labor claims.

The US labor laws do not treat employees of foreign diplomatic missions and representations in the same way as American workers are treated in general.  According to the Vienna Convention, which governments diplomatic relations between the various nations, foreign diplomatic missions and representations have legal immunity regarding labor issues.   Therefore, we work in what is considered Brazilian soil in the US , but are not covered by either Brazilian or American labor laws.

Frustrated in all our attempts at being heard by our employer, in May 2011, we began an unprecedented global mobilization, entitled "Operation Wake-Up Call " with a letter to the President of Brazil, Dilma Rousseff, with courtesy copies sent to the Minister of Foreign Relations, Antonio Patriota, and other Brazilian senior officials and representatives.  In the letters we call attention to the difficult working conditions we experience abroad.   "Operation Wake-Up Call" began in the US with 204 signatures and is spreading rapidly to other countries.  Today, it has over 1,000 members in over 20 countries.

Unfortunately, we live in a sort of legal limbo and the Ministry of Foreign Relations (MRE) takes advantage of our situation and ignores our pleas.  Refusing to recognize the "Operation Wake-Up Call” as the legal representative of their local employees, the MRE ended negotiations with the movement claiming  that the issues we raised are all resolved.

We plead to Your Excellency for guidance as to the appropriate legal forums that could address these labor issues so that we can put an end to so many injustices committed for decades on American soil.



Respectfully,

Operation Wake-Up Call

 
USA Section:
302 locally hired staff by the Brazilian Ministry of Foreign Relations
ü   Embassy of Brazil in Washington DC
ü   Consulate General of Brazil in Atlanta
ü   Consulate General of Brazil in Boston
ü   Consulate General of Brazil in Hartford
ü   Consulate General of Brazil in Houston
ü   Consulate General of Brazil in Los Angeles
ü   Consulate General of Brazil in Miami
ü   Consulate General of Brazil in New York
ü   Consulate General of Brazil in São Francisco
ü   Consulate General of Brazil in Washington
ü   Consulate General of Brazil in New York
ü   Financial Office in New York
ü   UN Mission
ü   OAS Mission




Legal representatives of the Operation Wake-Up Call:

       Mrs.   Lilian Beatriz Fidelis Maya -  OAB/ DF00021831
        Mr. Jonas Pedro da Silva - OAB/DF 31.519

SRTVN Qd. 701, Block "P", Brasília Radio Center Building, Wing "B", Room 1024.
Brasilia – Federal District – Brazil
Tel: 55-61-9994-3868


..................

Portuguese Version - Letter in Portuguese

Washington DC, September 1, 2011


To Her Excellency
Mrs. Hillary Rodham Clinton,
Secretary of State of the United States of America


Madam Secretary,

We, the local employees hired by the Ministry of Foreign Affairs (MRE) of Brazil to work in Brazilian diplomatic and consular representations in the United States, respectfully address Your Excellency to expose the adverse working conditions that, along with low salaries, make our lives here in the United States of America difficult.
Brazilian organizations and diplomatic missions abroad employ Brazilian citizens, American citizens, and other nationalities. All are legal residents and authorized to work in the US, many holding A-2 visas issued by the State Department, which authorize them to work exclusively for these Brazilian organizations.
We haven't had a salary adjustment for decades. Our salaries, already at poverty level in the US, barely receive annual adjustments. We can't even count on a consistent salary policy. The base salary of employees recruited locally by the Brazilian government is far below prevailing market rates and is not adjusted for the local cost of living.

Data provided by the U.S. Department of Labor stipulates that the starting salary for an Administrative Assistant in the Washington, D.C., area would be $4,020. In the U.S. capital, the Brazilian Embassy and the Consulate General pay newly hired Administrative Assistants a starting salary of $2,200.
By law, employees of foreign missions and organizations cannot pay their employees' contributions to the US Social Security system.  Brazilian citizens hired locally contribute to the National Institute of Social Security (INSS) in Brazil. However, employees who are citizens of third countries are unable to retire, and Americans must also make employer contributions to qualify for retirement benefits. 

Brazilian Social Security is the only retirement option offered by the Brazilian government to local employees in the US.   Even so, the Ministry of Foreign Affairs has not regularized their contributions to the Brazilian Social Security system. Recently, and only after numerous appeals from local employees and interference from the Brazilian media, the Ministry of Foreign Affairs regularized the situation of some Brazilian citizens who had been applying for retirement for years.

The result of this inhumane policy is the case of employees who work beyond the normal service period stipulated by law and, already at an advanced age, end up dying without enjoying retirement. Given this reality, there are situations such as that of a European employee who recently left one of the Brazilian representations, without recognition or compensation from the Brazilian government, and without the right to retirement after more than 44 years of service to the Brazilian Ministry of Foreign Affairs.
Another example is the case of a US citizen who worked for 40 years at the Brazilian Embassy in Washington, DC; she was dismissed without cause and without the right to collect unemployment benefits.   She was not even given the option to retire. We know that locally hired employees at US diplomatic missions in Brazil are governed by Brazilian labor laws and supported by the Brazilian Consolidation of Labor Laws (CLT). In good faith, the US government complies with all employer obligations, providing numerous benefits to its local employees, offering a retirement plan and career path with a consistent salary policy.



Meanwhile, here in the US, we can't count on unemployment benefits, disability benefits (in case of accident or serious illness resulting in the inability to work), Social Security contributions, 401K, or weekly pay (pay in Brazilian missions is monthly, resulting in only 48 paid weeks of work per year, unlike all US citizens who are paid for 52 weeks of work). We also have no career plan, annual salary adjustment, or overtime pay. Without any extra pay, the local employee is recruited to answer the mission's on-call cell phone on weekends—a role reserved for the diplomatic corps.

The Ministry of Foreign Affairs grants A-2 visas to some of its local employees, who accept lower wages in exchange for legal regularization with US immigration. With their visas converted to A-2, they are only permitted to work at Brazilian missions. With conditional work status, they are subject to the tyranny of their employers, who refuse to reevaluate their salaries, fail to offer better working conditions, and maintain wages below market averages. The Ministry of Foreign Affairs uses diplomatic immunity as a shield against labor claims abroad.
In our case, US labor laws do not treat employees of foreign diplomatic missions and representations the same way as American workers in general. According to the Vienna Convention, which governs diplomatic relations between nations, foreign diplomatic missions and representations have legal immunity from labor disputes.   Therefore, although we work on what is considered Brazilian soil in the US, we are not protected by Brazilian or American labor laws.

Frustrated in all our attempts to get our employers' attention, last May we launched an unprecedented global mobilization, titled "Operation Awakening," with a letter addressed to Brazilian President Dilma Rousseff and Foreign Minister Antonio Patriota, among others. In the letters, we drew attention to the difficult working conditions we experience abroad.   "Operation Awakening" began in the US with 204 signatures and is rapidly spreading to other countries. Today, we have over 1,000 members in over 20 countries.

Unfortunately, we live in a kind of legal limbo, and the Ministry of Foreign Affairs (MRE) takes advantage of this to inhumanely ignore our appeals.   Refusing to recognize "Operação Despertar" as the legal representative of its local officials, the MRE ended negotiations with the movement, claiming that the issues we raised had been resolved.

We earnestly request that Your Excellency guide us to the appropriate legal forums to resolve these labor issues, so that   the injustices committed for decades on American soil can be brought to an end.

Respectfully,

Operation Awaken
...........


Second letter to President Dilma Rousseff

THE
Her Excellency, President Dilma Rousseff
Planalto Palace
Three Powers Square
Brasilia-DF

Madam President,
We, the local officials of the Ministry of Foreign Affairs abroad, respectfully address Your Excellency once again to bring to your attention the latest information regarding our negotiations with the Ministry of Foreign Affairs, our employer.

The first letter (1) dated May 1st, sent to Your Excellency on the fifth day of the same month, and copied to the Minister of Foreign Affairs, Mr. Antonio de Aguiar Patriota, and to several Ambassadors and Consuls abroad, contained 204 signatures from employees of Posts in the USA. Today, Operation Awakening has grown and has more than 1000 members in several countries.

Back in May, we wrote letters to five Senators.   The first was addressed to Senator Paulo Paim, Chairman of the Senate's Human Rights and Participatory Legislation Committee, who, moved by our concerns, spoke out in our favor from the Senate floor. The distinguished Senator also participated in the first hearing, held on July 5th, to address the situation of Ministry of Foreign Affairs employees stationed at Brazilian and foreign embassies, consulates, and diplomatic missions.

At the July 5th meeting, we discovered that the issues raised by local employees hired abroad are just the tip of the iceberg.   In addition to Senator Paim, the meeting was attended by the president of Sinditamaraty (representing foreign ministry assistants and officials), the president of Sindinações (representing local Brazilian employees working in international organizations and foreign diplomatic missions in Brazil), and 30 other Sindinações-affiliated workers. Also present at the meeting were Ambassador Lúcio Amorim, acting as special advisor to the Minister of State, the president of ASOF (Association of Foreign Ministry Assistants and Officials), and Dr. Lilian Maya, a lawyer hired by Operation Awakening.  Several serious labor relations issues came to light during the hearing.

The seriousness of the allegations presented by all representatives at the July 5 meeting was not enough to raise awareness among the Ministry of Foreign Affairs, which refuses to speak out and intervene in favor of a clear human resources policy for its employees abroad. 

In the second and final meeting with the Ministry of Foreign Affairs, on August 11th, attended by representatives of Sinditamaraty and Operação Despertar, we attempted to submit a list of demands (2), which the Ministry of Foreign Affairs representatives refused to accept.  We warned of the urgent need for a clear definition of labor rules and relations, but it seems the other side is determined not to listen.   The Ministry of Foreign Affairs representatives, two diplomats and three federal lawyers, stated that the Ministry of Foreign Affairs does not recognize Operação Despertar as the legal representative of local employees abroad.  Furthermore, they stated that the situation of local contract workers abroad had been resolved and regulated, declaring the meeting closed.

The lack of a consistent wage policy has led to a very low survival rate. In many countries , our wages are poverty-level. But what's even more serious is the legal limbo in which our labor situation finds itself.  We have no defined forum to assert our rights, nor a solid set of laws that clearly and definitively regulate labor relations. The Vienna Convention, which regulates diplomatic relations between nations, grants legal immunity to diplomatic representations abroad regarding labor matters.

On April 12, 2000, the Federal Court of Auditors published decision no. 274 in which, among other recommendations, it advised the implementation of a career plan for local employees, which was ignored by the MRE.

                       Decision No. 274/2000 – TCU – Plenary                           
“a) determine to the Ministry of Foreign Affairs that:
a.4) evaluate the possibility of implementing a career plan for local employees, with a clear definition of the salary difference percentages that should exist between the basic, intermediate and higher levels, also including a progression system based on merit and/or length of service;”   ....
                                                 Rapporteur: Minister Adhemar Paladini Ghisi

The Ministry of Foreign Affairs' management has always adopted an elitist stance, limiting itself to matters that address only the needs of the diplomatic profession, failing to recognize the comprehensive composition of the Ministry's professionals as part of a whole.  This discriminatory stance lacks a more modern vision and is inconsistent with the advances in employer/employee relations resulting from labor struggles in recent years.  The complaints of its employees merely reflect a human resources policy that falls far short of the needs of the times.

Given this situation, we ask Your Excellency to intercede on our behalf with the Ministry of Foreign Affairs so that negotiations can be resumed.   We thank you in advance for any attention you can give to our case, which affects thousands of Brazilian workers' families around the world.

Respectfully,
Operation Awaken

LETTER TO PRESIDENT LULA

United States of America, May 20, 2011.

To His Excellency Luiz Inácio Lula da Silva,

On May 5th, a letter was sent to Her Excellency, President of the Republic, Dilma Roussef, signed electronically by us, Local Officials of the Ministry of Foreign Affairs in the United States, and the full text of which we have reproduced in the annex, for Your Excellency's consideration.
We are Local Assistants hired by the Ministry of Foreign Affairs, located in Brazilian missions around the world. We are approved through a selection process and are bilingual, many with higher education degrees. Our responsibilities range from document processing, support services, and secretarial work to more complex tasks specialized in various technical areas such as translation of official documents, IT, accounting, and commercial and political representation. Our work is crucial to the diverse and important tasks performed by Brazilian missions abroad, as we are familiar with the local language, customs, and culture.
We write to Your Excellency to share our struggles, inspired by your struggle over the years in which you united the Metalworkers of the ABCD region in São Paulo, against a regime of inequality and a lack of established regulations guaranteeing protection and safety for automotive workers in Brazil.
In 1993, Decree Law 1570, which came into effect, established that local employees hired by the numerous Itamaraty Missions would be governed by the labor laws in force in the countries where the departments are headquartered. In practice, however, what occurs is the application of the "law of convenience," according to which the principle prevails that the employer decides what is best.  Although we work on Brazilian soil abroad, we do not have the protection of Brazilian labor laws.
In our case, U.S. labor laws do not treat employees of foreign agencies the same way they treat their regular workers.   The U.S. Department of State, an entity entrusted with the authority to handle foreign affairs, also for reasons of sovereignty, does not get involved in labor matters because it believes they are the responsibility of foreign missions located on appropriate soil by their home countries.
In the US, according to local law, foreign government employees are not allowed to enroll in the American Social Security System, leaving Brazilian local employees with the obligation to contribute to the National Institute of Social Security (INSS).   Although we contribute at the maximum rate, we are only entitled to retirement benefits. Local employees are denied accident benefits, sickness benefits, imprisonment benefits, family allowances, maternity pay, and 180 days of maternity leave. We are also not entitled to the 13th-month salary, 1/3 vacation pay, and FGTS (Unemployment Fund for Severance Indemnity Fund), as the Consolidation of Labor Laws (CLT) requires, since local law governs. Therefore, if the right is not provided for in the legal system of the state where the post is located, we cannot request the benefit from the Institute, despite the INSS itself informing the contributor that the benefit is theirs.   Furthermore, foreign local employees who cannot join the INSS are not entitled to any type of retirement or other social benefits. Given this reality, situations arise such as that of a European official who recently left one of the posts, without any recognition or compensation from the Brazilian government, after more than forty-four years of dedicated service to the Ministry of Foreign Affairs.   There are cases of officials who work far beyond the legally stipulated service time and, at an advanced age, end up dying while working without having received their due retirement.
Our minimum wage is outdated; it hasn't been adjusted in line with the local cost of living for 14 years.   We lack a consistent career plan, promotions, salary reviews, or salary increases.   Besides the minimum wage for local MRE contractors being lower than the local market rates, they don't receive an annual adjustment.   There are differences between the minimum wage and the salaries offered to local auxiliaries hired by our Military Attachés and Commissions, established here and governed by the same Brazilian laws, which can be up to 100% higher than the minimum wage and salaries offered by the Ministry of Foreign Affairs. The entities representing the Ministry of Defense here, along with their commissions, also offer their Local Auxiliaries annual salary adjustments in line with local inflation.
In 2006, given the recent change in the US tax authorities' stance, many local employees began paying income tax to the US government, without any compensation in terms of social security and social benefits, representing a salary cut of around 30%.
There are also differences in treatment between staff members, who are federal employees on assignment in the US, and local contract employees. In the same environment, there are employees who enjoy all the benefits of Brazilian labor law, plus a housing allowance, and employees without any labor rights.   Without a legal framework to regulate labor relations between Local Assistants and the post administration, we are subject to arbitrary and even harmful measures imposed by certain administrators and heads of overseas posts. 
For decades, we've lived in a kind of legal limbo that, in recent years, has only worsened.   The lack of clear rules and the imprecise nature of employment contracts signed with employers generate significant legal instability and give rise to countless injustices. Local employees perform important tasks outside of working hours without any pay, such as consulate employees who are required to be on call, often having to respond to consular matters.  At any time of the day or night, employees provide support even to Brazilians in conflict with the local police or immigration authorities, without being entitled to pay for overtime.   Without transparent rules, it's impossible to recognize the skills of local employees, aiming to enhance their value and stimulate productivity.  
Following the 1993 decree, an employment contract was coercively instituted for all local employees hired abroad, including those who, according to Law No. 8,112/90, meeting the requirements established in its Article 243, should be classified as Federal Public Servants.  The employment contract offered, with clauses and conditions unrelated to the Single Legal Framework for Public Servants, enacted by the 1988 Federal Constitution, stipulated that the legislation of the country where the service is provided was the governing law, revoking all previous provisions, agreements, and contracts.   It did not grant the local employee the benefit of acquired rights, even after the Superior Court of Justice, in its constitutional capacity, had guaranteed those performing the role of Local Assistant through a contract signed prior to December 11, 2011. 1990, the submission to the Single Legal Regime, as set out in Law 8,112/90. However, to date, the Ministry of Foreign Affairs has not adopted any measures to include them in the aforementioned Regime, which is why there are dozens of labor lawsuits filed by local employees against the MRE pending in Brazilian courts.
Your Excellency, who is an example of honesty, labor struggle, and courage, will understand better than anyone the situation we find ourselves in today, abandoned by our own country, without regulated labor rights in the US or Brazil.
We thank you in advance for any attention you can give to our case. 
Respectfully,

Local MRE Officials in the US


See here the open letters signed by local MRE officials in various Missions in Germany, Spain, France, the United Kingdom and Italy.




GERMANY


  • Open Letter from Frankfurt
  • Open Letter from Munich
  • Open Letter from Berlin

OPEN LETTER FROM FRANKFURT LOCAL EMPLOYEES


THE
Her Excellency, Madam President of Brazil
Dilma Rousseff
Planalto Palace
Three Powers Square
Brasilia-DF

To the
His Excellency the Minister of State for Foreign Affairs
Antonio de Aguiar Patriota
Ministry of Foreign Affairs
Esplanade of Ministries
Block H Annex
Zip Code 70170-900 Brasília DF

To the
His Excellency the Consul General of Brazil in Frankfurt
Cezar Augusto de Souza Lima Amaral


As we respectfully address Your Excellencies, we, the local staff of the Consulate General of Brazil, present below the Open Letter signed by all local staff of this Consulate General. The signed document is attached and will also be sent by post.



OPEN LETTER FROM THE LOCAL AUXILIARIES  OF THE CONSULATE-GENERAL OF BRAZIL  IN FRANKFURT AM MAIN

Frankfurt am Main, Germany, May 27, 2011.


The local staff of the Consulate General of Brazil in Frankfurt, who sign below, adhere to the initiative of the local staff of the Diplomatic Representations of Brazil in the United States, the United Kingdom, Japan, Canada, the Embassy of Brazil in Berlin and other countries, and present through this Open Letter the following list of demands:

(a) With regard to the wage losses recorded over the last three years and with a view to bringing wages into line with the average rates for workers in Germany carrying out similar activities in public offices,
we claim:

1) Equalization of the minimum wage for Local Assistants of the Consulate General of Brazil in Frankfurt based on the highest current minimum wage paid to Local Assistants of Brazilian diplomatic representation in Germany, given that there is no reason under German labor law to justify the current disparity; plus:

1.1) salary adjustments in line with the inflation rates of the last three years in Germany in accordance with Decision 885/08 of the European Court of Auditors; plus:

1.2) replacement of wage losses resulting from the increase in the cost of living recorded over the last three years, based on official German rates for employees with similar salaries;

2) Payment of a Christmas bonus (13th salary), along the lines of the bonuses paid to employees of German public offices who perform similar activities and to employees of Brazilian Diplomatic Offices in other countries;

3) Payment for hours worked in traveling consulates over the last two years, considering that the daily allowances granted only cover accommodation and travel costs;

(b) Regarding the terms of Art. 57 of Law 11,440 of 12/29/2006 and

CONSIDERING Art. 57 of Law 11,440 of 12/29/2006; and

CONSIDERING the pertinent decisions of the Brazilian Court of Auditors, in particular Decision 885/98 (“To order the SERE (Brazilian Ministry of External Relations)) to develop regulations governing salary adjustments for local employees in countries where such market practices exist, making reference, for those who receive their salaries in hard currency, to relative indices – variation in the dollar/local currency exchange rate as a function of the price index recorded in the same period – to be applied and their method of calculation, also authorizing, for those who receive their salaries in local currency, the application of the inflation index measured in the period in that country.”) and Decision 274/00 (“To order the MRE (Brazilian Ministry of External Relations) to make efforts to develop clear rules for the hiring of local personnel for the Posts, with regard to the initial salaries for each job level, also making it necessary to immediately adopt measures to avoid delays in the payment of local personnel.);

we claim:

4) the review of the provisions of Chapter 5 of the Post Administration Guide – GAP-2011 – of the Itamaraty, approved by ORDINANCE No. 420, OF APRIL 25, 2011, PUBLISHED IN THE SERVICE BULLETIN No. 78, OF APRIL 26, 2011 by the Minister of State for Foreign Affairs, His Excellency Antonio de Aguiar Patriota, since the provisions of Chapter 5 of the GAP-2011 prohibit the payment of Christmas bonuses and other benefits granted to workers in similar activities in other countries, especially in Germany, and, in its general terms, establishes that Local Assistants be granted at most the minimum of what is required by local labor legislation; being that:

i) this adopted policy does not recognize and does not value the work of Local Assistants;

ii) does not establish salary adjustment plans in accordance with the respective country's inflation rates, despite TCU Decision 885/98;

iii) does not establish the frequency of salary adjustments, with the immediate cause being salary losses for Local Assistants resulting from the increase in the cost of living and inflation rates;

iv) does not provide for any career plan, whether by annual fee or merit.

(c) With regard to the activities of Local Auxiliaries, and

WHEREAS the promptness of consular and diplomatic services depends, to a large extent, on the work carried out by Local Auxiliaries; as well as

CONSIDERING the constant increase in tasks performed, arising not only from the continuous expansion of consular services and demands and their increasing complexity, but also from the demands of Brazilian communities abroad according to the Consolidated Minutes of Demands of Brazilian Communities Abroad and in accordance with Decree 7,214 of June 14, 2010, and

CONSIDERING that it is also in the essential interest of Itamaraty to be able to count on the dedicated and enthusiastic work of Local Assistants,

we claim:

5) the creation of periodic and constant training and qualification programs for Local Assistants, especially in administrative, legal and technological matters;

6) the prohibition of deviations in the functions of Local Assistants without the respective remuneration, together with:

7) salary equalization according to the functions actually performed, especially when performing technical-administrative work, whether by Support Assistants, Administrative Assistants or Technical Assistants.

Imbued with the conviction that valuing the work of Local Assistants of Brazilian Diplomatic Representations is in line with Brazil's declared policy of valuing Brazilian workers, and aware that our work is a major contribution to increasingly improving Brazil's image abroad, we have signed this Open Letter.



OPEN LETTER FROM THE LOCAL AUXILIARIES OF THE CONSULATE-GENERAL OF BRAZIL IN MUNICH

Munich, Germany, June 15, 2011.


The local employees of the Consulate General of Brazil in Munich, who sign below, adhere to the initiative of the local employees of the Diplomatic Representations of Brazil in the United States, the United Kingdom, Japan, Canada, the Embassy of Brazil in Berlin, the Consulate General in Frankfurt and other countries, and present through this Open Letter the following list of demands:

(a) With regard to the wage losses recorded over the last fourteen years and with a view to bringing wages into line with the average rates of pay for workers in Germany carrying out similar activities in both public and private companies;

we claim:

1) Equalization of the minimum wage for Local Assistants of the Consulate General of Brazil in Munich based on the highest  current minimum wage paid to Local Assistants of Brazilian diplomatic representation in Germany, given that there is no reason under German labor law to justify the current disparity; plus:

1.1) salary adjustments in proportion to the inflation rates of the last fourteen years in Germany in accordance with  Decision 885/08 of the Federal Court of Auditors (according to the table of the Bavarian Statistical Institute, the salary adjustment for the inflation rate should have been 26.22% from January 1997 to April 2011. During this period, the salary adjustment for local staff at the Consulate General in Munich was 3% in December 2001 and 10.7% in May 2007); plus:

1.2) replacement of wage losses resulting from the increase in the cost of living recorded over the last fourteen years (in December 1996, local contractors were included in local legislation, even those with more than 30 years of service!) based on  official German rates for employees with similar salaries;

2) Payment of a Christmas bonus (13th salary), along the lines of the bonuses paid to employees of  German public offices who perform similar activities and to employees of Brazilian Diplomatic Offices in other countries;

3) Payment for hours worked at traveling consulates, considering that the daily allowances granted only cover accommodation and travel costs;

(b) Regarding the terms of Art. 57 of Law 11,440 of 12/29/2006 and

CONSIDERING Art. 57 of Law 11,440 of 12/29/2006; and

CONSIDERING   the pertinent decisions of the Brazilian Court of Auditors, in particular Decision 885/98 (“To order the SERE (Brazilian Ministry of External Relations)) to   develop regulations governing salary adjustments for local employees in countries where such market practices exist, making reference, for those who receive their salaries in hard currency, to relative indices – variation in the dollar/local currency exchange rate as a function of the price index recorded in the same period – to be applied and their method of calculation, also authorizing, for those who receive their salaries in local currency, the application of the inflation index measured in the period in that country.”) and Decision 274/00 (“To order the MRE (Brazilian Ministry of External Relations) to make efforts to develop clear rules for the hiring of local personnel for the Posts, with regard to the initial salaries for each job level, also making it necessary to immediately adopt measures to avoid delays in the payment of local personnel.);

we claim:

4) the review of the provisions of Chapter 5 of the Post Administration Guide – GAP-2011 – of the Itamaraty, approved by ORDINANCE No. 420, OF APRIL 25, 2011, PUBLISHED IN THE SERVICE BULLETIN No. 78, OF APRIL 26, 2011 by the Minister of State for Foreign Affairs, His Excellency Antonio de Aguiar Patriota, since the provisions of Chapter 5 of the GAP-2011 prohibits the payment of Christmas bonuses and other benefits granted to workers in similar activities in other countries, especially in Germany, and, in its general terms, establishes that Local Assistants be granted at most the minimum of what is required by local labor legislation; being that:

i) this adopted policy does not recognize and does not value the work of Local Assistants;

ii) does not establish salary adjustment plans in accordance with the respective country's inflation rates, despite   TCU Decision 885/98;

iii) does not establish the frequency of salary adjustments, with the immediate cause being salary losses for   Local Assistants resulting from the increase in the cost of living and inflation rates;

iv) does not provide for any career plan, whether by annual fee or merit.

(c) With regard to the activities of Local Auxiliaries, and

WHEREAS   the promptness of consular and diplomatic services depends, to a large extent, on the work carried out by Local Auxiliaries; as well as

CONSIDERING   the constant increase in tasks performed, arising not only from the continuous expansion of consular services and demands and their increasing complexity, but also from the demands of Brazilian communities abroad according to the Consolidated Minutes of Demands of Brazilian Communities Abroad and in accordance with Decree 7,214 of June 14, 2010, and in accordance with Decree 7,214 of June 14, 2010, and in accordance with Decree 7,214 of June 14, 2010, and

CONSIDERING that   it is also in the essential interest of Itamaraty to be able to count on the dedicated and enthusiastic work of Local Assistants,   we demand:

5) the creation of periodic and constant training and qualification programs for Local Assistants, especially in   administrative, legal and technological matters;

6) the prohibition of deviations in the functions of Local Assistants without the respective remuneration, together with:

7) salary equalization according to the functions actually performed, especially when performing technical-administrative work   , whether by Support Assistants, Administrative Assistants or Technical Assistants.

Imbued with the conviction that valuing the work of Local Assistants of Brazilian Diplomatic Representations is in line with Brazil's declared policy of valuing Brazilian workers, and aware that our work is a major contribution to increasingly improving Brazil's image abroad, we have signed this Open Letter.

LOCAL EMPLOYEES OF THE CONSULATE-GENERAL OF BRAZIL IN MUNICH




Open Letter from Local Officials of the Brazilian Embassy in Berlin

THE
Her Excellency, Madam President of Brazil
Dilma Rousseff
Planalto Palace
Three Powers Square
Brasilia-DF

To the
His Excellency the Minister of State for Foreign Affairs
Antonio de Aguiar Patriota
Ministry of Foreign Affairs
Esplanade of Ministries
Block H Annex
Zip Code 70170-900 Brasília DF

To the
His Excellency the Ambassador of Brazil in Berlin
Everton Vieira Vargas

In addressing Your Excellencies with the utmost respect, we, the local staff of the Brazilian Embassy in Berlin, hereby enclose the Open Letter signed by us. The signed document is attached and will also be forwarded by post to the recipients.

OPEN LETTER FROM LOCAL CONTRACTORS OF THE BRAZILIAN EMBASSY IN BERLIN

Berlin, June 21, 2011

Your Excellency, President Dilma Rousseff,


We, local staff at the Brazilian Embassy in Berlin, join our colleagues from the United States, London, and other diplomatic missions around the world in supporting and joining the "Awaken Movement."

As Your Excellency is already aware, the movement aims to draw attention to a situation that has been occurring for some time in the hiring of local employees at Brazilian Embassies and Consulates.

Unlike career employees of the Italian Ministry of Foreign Affairs, local employees do not have a defined compensation plan and depend on the power of persuasion of their immediate superiors to have minimum employment rights guaranteed.

It is embarrassing for us to be here addressing Your Excellency demanding basic labor rights in Germany. However, given the situation we find ourselves in, with our wages gradually being cut, we have no alternative. Local employees are hired without the basic rights granted to any worker in Germany, such as inflation adjustments and salary adjustments, vacation pay, and a thirteenth-month bonus.

In light of this, what has occurred is a significant loss of wages in addition to a devaluation of our work.

Therefore, we appeal to Your Excellency to consider our request with a view to implementing a salary policy that guarantees rights such as:

1) salary adjustments according to inflation rates;

2) replacement of salary losses resulting from the increase in the cost of living;

3) payment of the 13th salary and vacation percentage;

4) equalization of the minimum wage based on the highest current minimum wage paid to local employees of other Brazilian diplomatic representations in Germany;

5) salary progression that takes into account the length of service provided (seniority).

As an example, below are some representative statistical data that demonstrate the discrepancy in salaries of Local Contractors at the Brazilian Embassy in Berlin:

1. Increase in social security contributions in the last five years:

there was an increase in social charges, which are deducted from monthly salaries (Retirement, Health, Unemployment and Assistance Insurance).

2007: 0.4% (Retirement) 2008: 0.125% (Assistance) 2009: 0.3% (Health) 2010: 0.6% (SaMe) 2011: 0.1% (Unemployment)

Source: Federal Office of Statistics, "Statistisches Bundesamt, statistical"

2. Inflation:

a) monetary correction: wages have not been adjusted in line with Germany's annual inflation in recent years (Source: estatis):   2008: 2.6% 2009: 0.4% 2010: 1.1% 2011: 2.1% (January-April)

b) cost of living and regional inflation (Berlin):
the average cost of living in Berlin has increased by 10.6% in the last five years:
Source: State Statistical Office Berlin-Brandenburg, "Amt für Statistik Berlin und Brandenburg", /2//2010).

Aware of the importance of our contribution to the smooth running of this diplomatic mission, we believe that our demands represent a great stimulus to our performance.

Hoping to see our considerations appreciated soon,
We say goodbye respectfully

Local Staff of the Brazilian Embassy in Berlin


***********************************



SPAIN


Open Letter from Local Staff of the Consulate General of Brazil in Barcelona

Barcelona, May 30, 2011

THE
Your Excellency
Mrs. Dilma Rousseff
President of the Federative Republic of Brazil
Planalto Palace
Brasilia (DF)

Madam President,

We, the eighteen local employees of this Consulate General of Brazil, join in the demands already submitted to Your Excellency by local employees of various Brazilian Consulates and Embassies. Given the particularities of the Consular Office in Barcelona, please allow us to share our specific needs, for which we count on your generous attention and solution.

2. Your Excellency is certainly still unaware of the reality of the locally hired staff of Brazilian Consulates and Embassies around the world. The Ministry of Foreign Affairs, despite its important services provided to Brazilian citizens abroad over the years, never seems to give due importance, in this context, to the locally hired staff who have been carrying out, throughout this time, important work with the Brazilian community abroad. The responsibilities of the roles performed by these locally hired staff are therefore not properly valued, particularly given the low salaries paid. This is the reason for the clear lack of interest of the Itamaraty management in promoting a simple career plan aimed primarily at maintaining a decent salary level over countless years of service and dedication to the position.

3. Our duties require responsibilities that have overwhelmed our performance, as we personally serve approximately 250 people every day. For example, last year this Consulate General issued 10,259 passports, 504 ARBs (Return to Brazil Authorizations), 14,000 legalizations, 4,000 declarations/certificates, 2,933 consular registrations, 1,733 powers of attorney, 162 life certificates, 500 military reviews, 207 military enlistments, 754 birth certificates, 347 marriage certificates, 21 death certificates, among other documents, such as visas, CPF (Brazilian Individual Taxpayer Registry), and general information, including economic/commercial information.

4. For the correct performance of these activities, allow us to state that we are people with high professional qualifications, the vast majority with a university degree, and we are, and we are proud of this, people who give the best possible in the exercise of our work, to which we dedicate ourselves with responsibility, honesty and dedication.

5. We have often requested the Ministry of Foreign Affairs, through the Consuls General, to address the urgent need to review our low wages, which are below local standards. More than once, however, we have been left without the desired and necessary solutions. Current salaries are insufficient for a dignified life, free from the burdens that have become our basic monthly expenses, such as mortgages or rent; gas, electricity, food, transportation, and telephone bills.

In making this appeal, we trust in Your Excellency's understanding.

On the other hand, it seems necessary to create a career plan, even a simple one, that serves as a stimulus to the provision of increasingly better services and promotes salary balance, particularly depending on the seniority of the employee.

6. Our work is of great importance to the thousands of Brazilians living or transiting abroad, and their families, especially now with the presence of so many emigrants abroad. We are also an indispensable part of the implementation of the Ministry of Foreign Affairs' own policies for Brazilian communities worldwide.

7. We take this opportunity to congratulate you on your victory in the recent presidential elections. We know how important it is to be the first female president elected in a country like ours, not to mention the immense work Your Excellency will have to do.

We trust in Your Excellency's attention.

Respectfully,
Local Staff of the Consulate General of Brazil in Barcelona



FRANCE


Brazilian Embassy in Paris


Paris, June 24, 2011.


Dear Colleagues,


We, the undersigned Local Officials of the Brazilian Embassy in Paris, congratulate the initiative of the organizers and participants of Operation Awakening and strongly endorse the comments, clarifications and demands presented by colleagues from the following consulates and diplomatic missions:

  • USA – Consulate General of Brazil in Washington, Atlanta, Miami, Houston, San Francisco, Los Angeles, Hartford, Boston, New York, Financial Office in New York, Mission to the OAS, Mission to the UN, 
  • Canada – Embassy of Brazil in Ottawa, Consulate General of Brazil in Montreal,
  • Mexico – Consulate General of Brazil in Mexico,
  • United Kingdom – Embassy of Brazil in London, Consulate General of Brazil in London,
  • France – Consulate General of Brazil in Paris,
  • Germany – Embassy of Brazil in Berlin, Consulate General of Brazil in Munich and Frankfurt,
  • Switzerland – Embassy of Brazil in Bern, Consulate General of Brazil in Geneva,
  • Spain – Consulate General of Brazil in Barcelona.

Local Embassy Staff in Paris have a long history of advocacy. In 1996, we took the initiative to create an association, the AFLB (Association of Local Staff at Brazilian Diplomatic and Consular Representations in France), together with staff from the Consulate General and the Brazilian Representation to UNESCO.

The attempt to bring together everyone's rights and demands in a common claim had the merit of drawing attention to the problem without actually achieving what the "Operation Awakening" movement has achieved today: the mobilization of all local employees of Brazilian consulates and diplomatic missions spread throughout the world and the support of Senator Paulo Paim for the claim.

Today we form a heterogeneous group, many of whom have filed lawsuits with Brazilian or French courts to obtain their rights, while others are indefinitely awaiting solutions from their superiors.

The requests of the group of Local Officials of the Embassy in Paris are therefore similar to those of our colleagues mentioned above, such as: review of contracts, working conditions and benefits inherent to the French labor market, creation of a Human Resources Sector at the Brazilian Embassy in Paris, salary adjustments and increases, career plans and salaries appropriate to the positions and functions actually performed.

We therefore confirm our adherence to OPERATION AWAKENING.

LOCAL MRE OFFICIALS AT THE BRAZILIAN EMBASSY IN PARIS






UNITED KINGDOM


See here:

  • Open Letter from Local Staff of the Consulate General of Brazil in London
  • Abtera Letter from Local Staff of the Brazilian Embassy in London

Open Letter from Local Staff of the Consulate General of Brazil in London

London, May 17, 2011.



THE
Her Excellency, President Dilma Roussef
Planalto Palace
Three Powers Square
Brasilia-DF

Madam President,

We, local officials of the Consulate General, respectfully address Your Excellency in order to endorse the considerations already presented by our colleagues from the United States of America – in a letter sent electronically on May 1st – and to inform Your Excellency of our demands.

We are 24 bilingual employees assigned to this post, approved through a selection process, many with higher education degrees. Our responsibilities range from document processing to providing social, moral, and psychological assistance to Brazilians. Our work is crucial to the diverse and important tasks performed by Missions abroad. We are the link between the Posts and the location where they are located, as we live in the country and are familiar with the language, customs, culture, and local laws.

Following the implementation of the Integrated Consular System and the Document Control and Issuance System, this post immediately began serving the Brazilian community, and is considered a model post by the Ministry of Foreign Affairs. We answer calls from Brazilian and foreign authorities, citizens in emergency situations, the press, and families searching for lost relatives or those involved in disasters, all in need of immediate assistance, and we are responsible for taking appropriate action. Furthermore, we produce numerous documents for Brazilian and foreign citizens. Between July 26, 2010, and May 7, 2011, we issued 8,929 passports, 21,978 document legalizations, 6,853 notarized documents (marriage, birth, and death certificates; powers of attorney, etc.), and 4,624 visas.

However, the pay, lack of benefits, and labor regulations do not match the quality of services provided by these employees. We are aware of your government's budget cuts and the resulting reduction in funding for the Ministry of Foreign Affairs. However, many of us have not received a salary increase in years. Meanwhile, even in countries like the United Kingdom, the cost of living has risen and continues to rise significantly, flattening our wages to unlivable levels, further exacerbated by the increase in the tax rate on products from 17 to 20 percent.

We ask the President of the Republic to be sensitive and reconsider our situation. We greatly admire her personal and political history, which we know has always been focused on democracy and social justice. We, local contractors, are committed daily to the Brazilian foreign policy front.

Topics for consideration:

· Definition of laws:
Local employees in London are not offered the opportunity to pay the INSS tax, which could be deducted monthly from their salaries. We were informed that this tax could be paid as if we were self-employed, which in reality we are not. We are not entitled to retirement based on length of service, disability benefits, accident benefits, sickness benefits, imposition benefits, family allowances, or maternity benefits, and none of these have been applied to us, local employees. We are also not entitled to the 13th salary, 1/3 vacation pay, and FGTS (Unemployment Fund for Severance Indemnity Fund), as stipulated in the CLT (Consolidation of Labor Laws) and as offered to full-time employees who perform the same functions.


Unfortunately, the "Law of Convenience" applies to us. Depending on the circumstances and the case, Brazilian law applies, but in others, local law is cited and overrides. In this legal instability, and with no defined jurisdiction, local MRE officials become easy prey for abuse and despotism.

 · Definition of a salary adjustment policy:

Most Posts haven't received a salary increase for years, and when adjustments are authorized, the initiative doesn't originate with the Ministry of Foreign Affairs. The Post Chief is responsible for making the request and supporting it with economic data, with no guarantee that the request will be granted.
An annual adjustment policy is necessary, so that there is no discrepancy between our salary, the job market and local living conditions.

· Definition of minimum wage according to the role performed:

The starting salary for local Administrative Assistants, currently £20,400.00 per year, is below market value. For example, data obtained by the largest recruitment agency in the country, Reed, shows that a bilingual administrative worker in London receives an average initial salary of £30,000.00 (thirty thousand pounds sterling) per year for simple, basic tasks that pale in comparison to the responsibilities assigned to us.

Defining a career plan:

A lack of incentives and career prospects generates evident dissatisfaction, which can affect individual performance. An example of this discrepancy is the case of an employee with 35 years of service who receives a salary of £2,600.00 per month, while a new hire's starting salary is £1,700.00. Both salaries are below the London average. Another statistic refers to the percentage increase in starting salary over the last 10 years, which was only 13%. In 2001, the starting salary for an administrative assistant in this position was £1,410.00, and now, in 2011, the starting salary is £1,700.00.

We count on your esteemed consideration so that we can continue serving the Brazilian community abroad, as well as foreigners.
This message is signed electronically, but we will send a written version soon, with our signatures, we who follow Your Excellency's work with faith and great hope, for a Brazil that, in recent years, has only improved.

LOCAL EMPLOYEES OF THE CONSULATE-GENERAL OF BRAZIL IN LONDON




Open Letter from Local Staff of the Brazilian Embassy in London  
London, June 13, 2011.


THE
Her Excellency, President of the Republic of Brazil
Dilma Vana Rousseff

Subject: LOCAL AUXILIARIES OF THE EMBASSY OF BRAZIL IN LONDON

Madam President,

We, Local Auxiliaries of the Embassy of Brazil in London, respectfully address Your Excellency in order to endorse the considerations presented, initially, by our colleagues from the Embassy and Consulates of Brazil in the United States of America and, subsequently, from other Posts, and to present our concerns and demands.

2. The position of Local Assistant in Permanent Diplomatic Missions and Consular Offices is provided for in Chapter V of Law 11,440/2006, which establishes the Legal Framework for Brazilian Foreign Service Employees. The status of Local Assistants is regulated, within the scope of the Ministry of Foreign Affairs, by Decree 1,570/1995. In turn, the activities, selection mechanisms, remuneration, social security contributions, and legal labor and social security obligations are also specified in the 2011 Post Administration Guide (GAP) of the Ministry of Foreign Affairs, approved by Ordinance 420/2011, published in Service Bulletin 78/2011.

3. By definition, a Local Assistant is a Brazilian or foreign national hired by the Post abroad, through a selection process previously authorized by the State Secretariat for Foreign Affairs (SERE), to provide technical, administrative, or support services that require knowledge of the language, living conditions, customs, and traditions of the country. A Local Assistant may be hired as an Administrative Assistant, Technical Assistant, Technical Assistant, or Support Assistant, and is responsible for various activities in the areas of general services, foreign trade and investment, tourism promotion, scientific and technological cooperation, cultural outreach, press relations, and economic affairs.

4. In practice, we make a great contribution to the Brazilian Foreign Service, which is not always recognized or valued.

5. We work together with the Ministry of Foreign Affairs employees, carrying out common tasks and even replacing or representing them, but we are far from receiving the guarantees and benefits that are assured to them.

6. Currently, we have 49 Local Assistants, representing 65% of the Brazilian Embassy in London's workforce. Despite our significant presence, we lack a dedicated Human Resources department or a position and salary plan, which creates serious discrepancies. For example, employees with over 35 years of service at the Embassy receive lower pay than those newly hired in the same department. Furthermore, salary increases are rare, low, and discretionary. Because we lack a salary adjustment policy, we suffer losses due to inflation and the rising cost of living. According to Article 19 of Decree 1,570/1995, "the remuneration of the Local Assistant will take into account local market conditions and legislation." However, we note that our wages are lagging behind the British market.

7. The lack of a Human Resources policy also creates other inequalities. The number of vacation days, for example, is not the same for everyone. Employees in the same department, performing the same functions, may be entitled to eight more vacation days than others. The overtime compensation system is also inconsistent. Some receive it in cash, others in reduced working hours on another day, which is not always possible. The rules regarding working hours, disciplinary issues, labor complaints, and dismissal are established in the Personnel Handbook, which should be kept up to date and, contractually, provided to each employee upon signing their contract. However, this document has been out of date for years, and Local Assistants do not receive copies upon hiring.

8. Although Article 2 of the aforementioned Decree classifies a Local Assistant as "a Brazilian or foreign national admittedly locally for a fixed period to provide services," we cannot be considered service providers without an employment relationship. As defined in our own employment contracts, we are employees, and the Brazilian Embassy is our employer. Furthermore, our most recent contracts contain no mention of the temporary nature of our employment relationship, and some of us, as already mentioned, have been employed by the Embassy for over three decades.

9. According to Article 57 of Law 11,440/2006, labor and social security relations concerning Local Assistants are governed by the legislation in force in the country where the department is headquartered. This is another point susceptible to disagreements and jurisdictional disputes. Our contracts are governed by local laws, but in certain circumstances, depending on what is most convenient, the customs and practices of the Brazilian labor system prevail. On the other hand, we receive only the minimum required by British labor laws. We do not receive additional benefits that have become common in the United Kingdom to improve working conditions and provide greater security for workers, such as private health insurance, life insurance, accident insurance, additional maternity leave, or contributions to private pension funds that provide a supplementary pension to the basic retirement benefit offered by the government. We don't even receive the London Weighting Allowance, a cost-of-living allowance paid to public sector workers, among others, in London, as a way to offset the extra costs that fall on residents of the English capital, notoriously the most expensive city in the country.

10. In fact, at the end of each month, we receive only one salary check against receipt. The exemption from social security and tax exemptions guaranteed to members of the consular post by the 1967 Vienna Convention on Consular Relations has been the subject of many doubts, absurd interpretations, and uncertainties. The lack of clear guidelines and updated information has already resulted in heavy fines for some of our colleagues. Distortions are also being reported in the social security situation of Local Assistants who have been contributing in Brazil for years. Today, we have the critical case of an employee who, despite having met the contribution time and minimum age requirements, has been unsuccessfully applying for retirement for four years because his employer failed to pay his due INSS contributions.

11. All of this has generated a climate of discontent that, compounded by a general feeling of helplessness, has affected the morale and health of our colleagues. The frequency with which recently hired staff have left the Embassy reflects this state of dissatisfaction. In addition to being costly to public coffers, the high turnover rate highlights the urgent need for improvements in the local human resources framework.

12. With the above in mind, we hereby request Your Excellency's intercession to:

  • Salary increase;
  • Job and salary plan;
  • Complete review of contracts, working conditions and benefits in relation to the British labor market;
  • Creation of a Human Resources Sector at the Brazilian Embassy in London.

12. We therefore hope that our experience, professionalism and competence will be justly rewarded and recognized in the execution of our duties and responsibilities within the Brazilian Foreign Service, with which we are greatly honored to collaborate.

Respectfully,

Local Assistants of the Brazilian Embassy in London

(The letter was forwarded to the recipients with the signatures of the 48 employees)

With a copy to:

Dear Minister of State for Foreign Affairs
Ambassador Antonio de Aguiar Patriota
Ministry of Foreign Affairs
Itamaraty Palace
Esplanade of Ministries - Block H
Brasilia/DF
ZIP Code 70.170-900
Brazil
Dear Ambassador of Brazil to the United Kingdom of Great Britain and Northern Ireland
Ambassador Roberto Jaguaribe
Embassy of Brazil
32 Green Street
London W1K 7AT
United Kingdom


Solidarity  Manifesto from Local Staff of the Brazilian Embassy in Rome
Dear colleagues,

We are forwarding the solidarity manifesto from the local employees of the Brazilian Embassy in Rome with the status of the number of accessions and nationalities.

Solidarity Manifesto – Operation Awakening

In solidarity with the demands expressed by local officials from various posts abroad, from the United States to Great Britain, France, Japan and other diplomatic representations of the Federative Republic of Brazil, local officials of the Brazilian Embassy in Italy support and join the requests addressed to the Ministry of Foreign Affairs, with copies for the information of other authorities.

In this sense, they reiterate the need for a clear definition of the rules and work relations that govern this category.


The total number of local contractors in Rome is 72 employees distributed as follows:

28 (AA's) 6 (AST's) 38 (PAP's)

Of these, 48 (66.7%) signed the manifesto at this time. However, we believe that the number of signatories could reach 80%.

Regarding nationality, the data is approximate, as some employees hold dual citizenship or another nationality, but it is estimated that around 63% of local employees are Brazilian. If we needed to determine the exact number, we would need more time to consult with each colleague (in Italy, we are on vacation, so many employees are absent).

Abs,

Colleagues from Rome


OPEN LETTER FROM LOCAL EMPLOYEES OF THE CONSULATE-GENERAL OF BRAZIL IN LISBON
OPEN LETTER FROM THE LOCAL AUXILIARIES OF THE CONSULATE-GENERAL OF BRAZIL IN LISBON



Lisbon, August 25, 2011.


THE
Her Excellency Dilma Rousseff
President of the Federative Republic of Brazil
Planalto Palace
Three Powers Square
Brasilia – DF



Dear Madam President,

We, the undersigned local employees of the Consulate General of Brazil in Lisbon, respectfully address Your Excellency in order to adhere to the demands of the local contractors of the Diplomatic and Consular Representations of Brazil in the United States, the United Kingdom, Japan, Canada, Germany, France, Spain, and in all other countries that may join, presenting the following considerations about our reality:

The Consulate General of Brazil in Lisbon currently has 34 (thirty-four) local employees, approved through a selection process and, most of whom have higher education qualifications, highlighting that this condition was a preferential factor in the last hirings, which can be proven through the notices.

Although Portugal is a small country, Brazilians living there represent the largest immigrant community in Portugal, accounting for almost 30% of the country's immigrants. According to information from the local authorities—the Foreigners and Borders Service—at least 200,000 Brazilian citizens legally reside in the country.

Comparatively speaking, we are one of the largest consular offices in Brazil in terms of document production and services for Brazilian and foreign citizens. We handle an average of 600 in-person consultations daily. Among the tasks we perform are document issuance and the handling and monitoring of situations that require a high degree of professional qualification, requiring knowledge of law, administrative practices, and the finances of the Portuguese State. In 2010 and the first half of 2011 alone, we issued: 30,995 passports, 3,068 Authorizations to Return to Brazil, 4,391 Birth Certificates, 2,196 Marriage Certificates, 2,381 visas for foreign citizens, 6,901 Powers of Attorney by Public Instrument, 53,698 Notarizations, and thousands of legalizations and other consular documents.

Recently, with the modernization of consular services introduced by the Integrated Consular System (SCI) and the Travel Document Control and Issuance System (SCEDV), the provision of consular services requires, in addition to agility, increasingly qualified staff. Under these new technologies, every employee authorized to operate the system assumes administrative, civil, and criminal responsibilities in their work, regardless of whether they are locally hired or employed.

In addition to this added responsibility, the Local Employee is the "engine" that keeps the Department functioning fully. They are the ones who, based on their own daily experience, understand the socio-economic and cultural realities of the country, understand the situation of Brazilian immigrants and Portuguese society in general, and are familiar with the specificities of Portuguese departments, services, and laws.

OF THE ECONOMIC AND LABOR REALITY IN PORTUGAL

Portugal is currently experiencing a severe financial and structural crisis, with enormous budgetary and social problems. To achieve the targets set by the European Central Bank, the International Monetary Fund, and the European Commission, the government has reinforced austerity measures, which has proven to be a dire situation for workers.

The austerity program adopted by the Portuguese government includes several spending and revenue-raising measures. Among these measures that directly affect workers, we can highlight the 50% cut and retention of Christmas bonuses and the widespread tax increase in basic sectors of the economy, such as transportation, food, and housing.

Given this crisis scenario, the rising cost of living, constant salary losses, and the lack of minimum annual adjustments in line with inflation rates, the living conditions of local employees serving the Brazilian Government abroad become unsustainable.

OF OUR ORDERS

In view of the above, and considering that the responsibilities we have assumed and the qualifications we have acquired are determining factors for the continued functioning of this Consulate in Portuguese territory, we, the employees of this Office representing Brazil in Portugal, appeal to the Honorable President of Brazil and request:

  1. The creation of a career plan that supports the issue of seniority and merit, with the immediate adjustment of salaries to the respective levels, in order to definitively put an end to indiscriminate salary increases among employees;
  2. Implementation of a functional and fair salary adjustment policy in proportion to annual inflation rates, as provided for in Brazilian and Portuguese legislation;
  3. The reinstatement of the Christmas bonus (13th salary) so that we can continue to receive it in full, given that, in Portugal, the government has decided to retain almost 50% of these bonuses;
  4. The immediate increase in the wages of Local Employees, in order to make up for salary losses resulting from the increase in the cost of living and the lack of adjustments in recent years, ensuring the provisions of item 1;
  5. The creation of periodic professional training programs with training and qualification of Local Assistants, especially in administrative, legal and technological matters;
  6. The prohibition of deviations from the duties of Local Assistants without the respective remuneration;
  7. Payment of food assistance in accordance with current labor legislation in Portugal;
  8. Respect for Brazilian national holidays.

Aware of the importance of local employees in carrying out consular functions and considering it to be in the best interest of valuing Brazilian workers who represent Brazil abroad, contributing to increasingly improving Brazil's image abroad, we have signed this Open Letter.














One comment:

  1. How absurd. I could never have imagined that employees of Brazilian consulates and embassies abroad would be treated this way. It's incredibly sad and shameful for us Brazilians and for Brazil as a nation.

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