Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the information provided by the Government in its report and recalls that its previous comments concerned the following provisions:

-  section 8(2) and (3) of Legislative Decree No. 215/B/75, which requires 10 per cent, or 2,000 of the workers concerned, to establish a trade union, and one-third of the trade unions in a region or category 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 and up to 20 individuals in order to establish an employers’ organization, and a minimum of 30 per cent of employers’ associations to establish a group or federation.

The Committee notes that the Government confines itself to repeating the information which it had provided previously, to the effect that the above provisions have not been applied since the Legal Advisor of the Attorney-General of the Republic ruled that they were contrary to the Constitution and to certain international instruments respecting freedom of association. The Committee notes the Government’s statement that the revision of the trade union legislation is not a priority and that, since neither the General Confederation of Portuguese Workers (CGTP), nor the Confederation of Portuguese Industry (CIP), nor the Attorney-General see any impediment to the establishment of workers’ and employers’ associations, it has not amended its labour legislation for the time being.

While noting this information, the Committee emphasizes the importance that it attaches to the observance of the rights of workers and employers, without distinction whatsoever, with the only possible exception of the armed forces and the police, to establish organizations of their own choosing for the defence of their interests, including outside existing trade union structures. The Committee therefore once again expresses the firm hope that the provisions in question will be explicitly repealed from the trade union legislation and requests the Government to keep it informed in this respect.