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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

The Committee takes note of the Government's report for the period 1 July 1986 to 30 June 1988 and of the enclosed documents.

1. The Committee takes note with interest of the revised classification of occupations (1988) communicated with the report, in which the occupations are designated in both the masculine and feminine forms with a view to averting discrimination in work and employment and encouraging diversification of the occupations open to women.

2. The Committee takes note of the legal opinions expressed on certain cases of discrimination, which were brought to its attention. These cases concern job reclassification based on sex, and discrimination with regard to access to job category. The Committee takes note of the activities and publications of the Committee on Equality in Work and Employment (CITE), which aim to make the social partners aware of the problems posed by discrimination, particularly those related to remuneration, job classification and conditions of work. The Committee also notes the partial results of the CITE's examination of collective agreements. The Committee would be grateful if the Government would continue to provide information on the activities of the CITE and the results obtained, and on the study concerning sexual harassment of women in the workplace.

3. The Committee takes note of Legislative Decree No. 223/87 of 30 May 1987 concerning the rules for non-teaching staff of educational establishments which, in addition to defining its own scope (section 1) contains provisions on the recruitment and selection of staff (section 6), appointment (section 8) and further training (section 9), etc. The Committee asks the Government to provide information on the practical effect given to this Legislative Decree.

4. The Committee takes note of the Government's statement that, following legal action to obtain payment of the arrears of the wage differential owed to female flight staff transferred on grounds of pregnancy, in the interim the unions have reached an out-of-court settlement with the airline "Transportes Aeros Portugueses" (TAP), whereby the latter will make the payment in question. Furthermore, the period during which maternity is protected by law is taken into account in calculating seniority, in accordance with clause 17 of the company agreement communicated with the report.

The Committee hopes that in its next report, the Government will be able to confirm that this payment has been made as agreed.

5. The Committee notes with interest Legislative Decree No. 44/84 of 3 February 1984, transmitted with the Government's report, and asks the Government to provide information on the difficulties encountered in applying it, particularly section 4.