Maternity Protection Convention, 2000 (No. 183) - Portugal (RATIFICATION: 2012)

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The Committee notes the observations of the General Confederation of Portuguese Workers (CGTP-IN), communicated with the Government’s reports.

Article 8(1). Employment protection. The Committee notes the information provided by the Government in its report that, in 2022, the Commission for Equality in Labour and Employment (CITE), which is the national tripartite mechanism for equality between men and women in labour and employment, concluded that in 64 per cent of the cases submitted concerning the intention to dismiss pregnant or breastfeeding workers, the reasons for the dismissal were considered to be discriminatory on grounds of sex. The Committee also notes the observations of the CGTP-IN, that the rules protecting pregnant and breastfeeding workers in the event of dismissal do not cover all situations, such as the non-renewal of fixed-term contracts, and do not establish the employer’s responsibility to prove that the reasons for termination are not related to pregnancy or breastfeeding. The Committee requests the Government to reply to the observations provided by the General Confederation of Portuguese Workers (CGTP-IN), particularly concerning the protection of employment of pregnant and breastfeeding workers in fixed-term contracts. The Committee also requests the Government to indicate the legal relevant provisions regarding the burden of proof in case of termination of employment of pregnant and breastfeeding workers.

Article 9(1). Non-discrimination in employment. The Committee notes the Government’s indication that the Authority for Working Conditions (ACT) and the CITE have adopted measures to prevent and eliminate gender discrimination in employment, including training and information activities, and a national action plan aimed at combating harassment and discrimination based on gender, and protecting parental rights, resulting in 1,577 inspection visits in 2021. The Committee observes that, according to the statistics provided, the number of violations in this regard, detected by the labour inspection, have increased since 2017. The Committee takes note of the observation of the CGTP-IN which indicates that, in practice, pregnant and breastfeeding workers are often discriminated in accessing employment, as well as in career progression and remuneration. In this regard, the Committee requests the Government to reply to the observations of the CGTP-IN, and to provide information on the number of violations detected by the labour inspection as to discriminatory practices under the terms of Article 9(1) of the Convention, as well as the number and nature of penalties applied, especially in cases of repeated offences.