Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Portugal (Ratification: 1977)

The Committee notes the Government's report and recalls that its comments referred to the need to bring the following provisions of the national legislation into conformity with the Convention and national practice, since they require too high a number of workers and employers in order to form professional organizations:

- section 8(2) and (3) of Legislative Decree No. 215/B/75, which requires 10 per cent or 2,000 workers to establish a trade union, and one-third of the trade unions of a region or category (respectively) to establish a federation; and

- section 7(2) and (3) of Legislative Decree No. 215/C/75, which requires one quarter of the employers concerned but not more than 20 employers in order to establish an employers' organization and a minimum of 30 per cent of employers' associations to establish a group or federation (respectively).

The Committee observes that the Government reiterates that, in practice, these provisions cannot be applied as they are incompatible with the Constitution and that they will be abolished when the legislation on labour relations is revised.

The Committee hopes that the above provisions will be amended in the near future and asks the Government to inform it of any positive changes in this respect.