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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.
Respectfully,
Operation
Wake-Up Call
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.
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.
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
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
Data provided by the US Department of Labor establishes that an Administrative Assistant's starting salary in the
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
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.
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
We know that the employees who are locally hired at
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
The
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,
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
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
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:
- Abtera Letter from Local Staff of the Brazilian Embassy in London
Open Letter from Local Staff of the Consulate General of Brazil 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 AffairsItamaraty PalaceEsplanade of Ministries - Block HBrasilia/DFZIP Code 70.170-900Brazil
Dear Ambassador
of Brazil to the United Kingdom of Great Britain
and Northern Ireland
Ambassador
Roberto Jaguaribe
Embassy of Brazil32 Green StreetLondon W1K 7ATUnited 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:
- 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;
- Implementation of a functional and fair salary adjustment policy in proportion to annual inflation rates, as provided for in Brazilian and Portuguese legislation;
- 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;
- 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;
- The creation of periodic professional training programs with training and qualification of Local Assistants, especially in administrative, legal and technological matters;
- The prohibition of deviations from the duties of Local Assistants without the respective remuneration;
- Payment of food assistance in accordance with current labor legislation in Portugal;
- 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.
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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.