Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Portugal (Ratification: 1967)

1. The Committee notes the statistics on the wage differential between men and women submitted by the Government with its 1987 report, which tend to show a reduction in the wage differential in the sectors of food, drinks, tanning, shoes, restaurants and hotels, insurance and communication, and an increase in the wage differential in the transport sector. It also notes the comments by the General Confederation of Portuguese Workers (CGTP) received in 1987, according to which no reduction can be observed in the wage gap between men and women.

The Committee requests the Government to supply with its next report statistical data on developments in the wage differential between male and female workers, and to furnish information on any measures taken to reduce and eliminate that differential, and on the progress made. It notes in this connection the statement in the 1989 report prepared by the Tripartite Committee on Equality in Work and Employment (CITE) that the statistics necessary to indicate these developments are not available, and hopes that the Government will be in a position to furnish them with its next report.

2. The Committee notes the statement in the comments of the CGTP that wage discrimination continues to take place in the processing industries, in particular in the sectors of textile, clothing and leather, food and electronics; that union efforts to renegotiate collective agreements that lie at the root of such discrimination have met with a refusal to negotiate on the part of the employers, and that efforts to involve CITE have had no positive effects. In this respect, the Committee also notes the CGTP's statement that CITE's functioning is hardly adequate. The Committee further notes the copies of legal opinions by CITE that are attached to the Government's 1987 and 1989 reports.

The Committee requests the Government to continue to supply information on the activities of CITE, and in particular on the Commission's activities with regard to analysing collective agreements with a view to eliminating discriminatory provisions. The Committee also requests the Government to supply detailed information on the practical application of section 12 of Decree No. 392/79, which provides that provisions of collective agreements that discriminate with respect to remuneration are null and void, and on the practical application of section 9 of Decree No. 491/85, of 26 November 1988, which provides that employers who maintain in force wage rates on job evaluation systems that imply a discrimination on the ground of sex will be punished with a fine.

3. The Committee, referring to section 22 of Decree 392/79, which provides for its obligatory revision, requests the Government to supply information on any revision that may have taken place, and on any plan that might exist to improve the functioning of the Committee on Equality in Work and Employment.

4. The Committee notes the CGTP's statement that no measures have been taken to establish objective criteria for job appraisals common to both sexes. The Committee refers to section 9 of Decree No. 392/79 and section 6 of Legislative Decree No. 426/88, which provide that job evaluation systems should be based on objective criteria common to both sexes, and requests the Government to supply in its next report detailed information on the measures taken or contemplated to apply objective job evaluation systems to the public sector, and to promote, with the social partners, the use of such systems in the private sector.

5. The Committee notes the CGTP's statement that the TAP airline continues to practice wage discrimination with regard to female cabin personnel. The Committee notes the judgement handed down by the Labour Tribunal of Lisbon, and refers to its direct request made under Convention No. 111.

6. In its previous comments, the Committee asked the Government to state whether measures had been taken or are under consideration to extend the scope of Decree No. 392/79 to domestic workers and homeworkers.

The Committee notes from the Government's 1987 report that domestic work has been regulated by Decree No. 508/80 of 21 October 1980, the text of which was included with the Government's report. The Committee notes that Decree No. 508/80 contains no provision concerning equal remuneration for work of equal value. The Committee also notes that no regulations exist with respect to homeworkers. It requests the Government to keep it informed of any legislative developments intended to extend the principle of equal remuneration to those two categories of workers.