Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes the detailed information provided by the Government in its report and the attached documentation, including reports from the Committee on Equality in Employment and Work (CITE).

1. The Committee notes with interest from the statistics supplied by the CITE that the trend of increased employment of women in senior public service posts has continued, and trusts that future reports will continue to supply such data, which assist the Committee in evaluating the implementation of the national policy to promote equality of opportunity and treatment.

2. The Committee notes the Government's statement that the question of discrimination based on the sex of auxiliary staff in public schools has not been analysed by the CITE at the national level, since the incident in question was based on one complaint to the CITE concerning more tasks being given to women auxiliaries than to men auxiliaries, the outcome of which did not show the existence of discrimination. The CITE remains attentive to this problem, but the taking of initiatives would depend on a better knowledge of the real situation. The Committee notes that the Labour Inspection Service, in its activities in the private sector, reported 11 instances of sex-based discrimination in 1992 (in the sectors of transport, retail trade, civil engineering and real estate) and asks the Government to inform it, in future reports, of any cases of such discrimination identified by the monitoring bodies operating in the public service or of complaints of this nature lodged with and examined by the CITE.

3. Noting with interest the statistics provided on vocational training, in particular that 25.9 per cent of all participants in 1990 were women and that women were trained in a broader range of occupations, the Committee asks the Government to continue to supply such information and to inform it of the results of this training, for example, on the entrance of trainees into the active labour market upon completion of their studies.

4. With regard to the measures taken to eliminate direct or indirect discrimination in collective agreements concluded in traditionally non-female occupations, the Committee notes the Government's reference to several CITE Opinions of 1991 in which discrimination based on sex in relation to wages was criticized and employers asked to remedy the inequalities. It also notes the example of the CITE form sent to parties to a collective agreement when sex-based discriminatory clauses are identified by the CITE.

5. The Committee takes note of the Government's description of the legislative measures taken to ensure better protection against sexual harassment in employment (s. 40 of the Labour Contracts Act adopted by virtue of Legislative Decree No. 49-408 of 1989 and ss. 9 and 35(1)(f) of Legislative Decree No. 64-A/89 on termination of the employment contract), and requests it to inform the Committee of any cases brought under these provisions by victims of sexual harassment in the workplace, supplying copies of the judgements handed down.

6. Regarding the supervision of discriminatory job advertisements in the press, the Committee notes the Government's reference to the CITE Opinion No. 10/91 of 15 October 1991 recommending, inter alia, that the provisions of the law prohibiting discrimination based on sex and the correct advertising standards be brought to the attention of employers placing advertisements in the press, and that existing references to male and female occupations use criteria based on occupational designations without reference to sex. It also notes that the Confederation of Portuguese Industry, in comments transmitted with the Government's report, also refers to this Opinion of the CITE as one of that body's recent activities in the field of equality. The Committee would appreciate receiving in future reports information on the impact of this Opinion on job advertisements, in particular any cases of recourse to section 8 of Legislative Decree No. 491/85, which prohibits discriminatory job offers on pain of fines.

7. The Committee once again asks the Government to supply information on the activities of the working group responsible for implementing the agreement concluded between the Ministry of Education and the Committee on Women's Affairs with a view to ensuring that educational personnel receives non-sexist training.