Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information, including legislation and statistical data, contained in the Government’s report and attached documentation.

1. The Committee notes with interest the adoption of Act No. 118/99 of 11 August 1999 concerning labour offences, which defines the violation of the principle of equal remuneration as a serious labour offence. It also notes the adoption of Act No. 142/99 of 31 August 1999, Decree-Law No. 70/2000 of 4 May 2000 and Decree-Law No. 77/2000 of 9 May 2000 relevant to the protection of maternity and paternity.

2. The Committee notes from the General Survey of the public service that, as at 1 October 1996, women made up 54 per cent of the labour force in the public administration, and that women also occupied 54 per cent of the posts at the highest levels. It notes the information supplied by the Government showing the trends in wage differentials between men and women between 1997 and 1998. According to the data supplied, the male-female remuneration gap widened in the higher occupational grades, while decreasing for middle managers, supervisors and foremen. The Government’s report reflects the fact that the male-female remuneration differentials have narrowed in a number of sectors, including in the commerce, restaurant, real estate, education and health sectors. The Committee would appreciate continuing to receive such detailed statistical data, as well as information on the measures taken or envisaged to reduce the existing remuneration differentials in the various sectors of the Portuguese economy.

3. With regard to its previous comments on the measures taken to implement the National Employment Plan relevant to sex-based salary discrimination, the Committee notes that a national list of occupations significantly affected by such discrimination has been prepared. It also notes that research will be conducted in collaboration with the social partners regarding the earnings gap. It asks the Government to supply a copy of the list of occupations referenced as well as information on the results of the research conducted. The Committee also notes with interest the activities carried out by the Committee for Equality in Labour and Employment (CITE), including the awarding of equality prizes to companies that exemplify model or innovative practices in the area of equality in employment, or the development and implementation of training programmes and seminars on equality of opportunity and treatment.

4. The Committee notes with interest that the General Labour Inspectorate (IGT) conducted two training activities focussing on equality between men and women in employment. The Committee would be grateful if the Government would continue to provide information on the training programmes developed and implemented and on the enforcement activities undertaken by CITE and the IGT in areas relevant to the Convention.

5. The Committee notes with interest the glossary of terms and the matrix developed by the Observatory of Equal Opportunities for men and women in collective bargaining, with a view to evaluating clauses in collective bargaining agreements from an equality perspective. Noting that the Observatory has evaluated collective bargaining agreements in the fisheries, textile and education sectors, with mixed results, the Committee asks the Government to continue to provide information on the activities undertaken by the Observatory, including any follow-up measures in the light of the results of its evaluations to date, to promote the application of the principle of the Convention in the collective bargaining process.