Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the information contained in the Government’s report and in the attached documentation, and the comments made by the Confederation of Portuguese Industry (CIP) contained in the report of the Government received in September 2001.

1. Further to its previous comments, the Committee notes the information provided on the supervisory role performed by the Commission for Equality in Employment and Occupation (CITE) in which the social partners are present. It notes an increased number of complaints received by the CITE and notes from the collection of opinions issued by CITE from 1999 to March 2001 that the great majority of opinions again concern discrimination on the grounds of gender, mostly related to violation of laws protecting maternity and paternity rights. The Committee also notes the clarifications provided by CIP and their view that motherhood is not a factor that leads to discrimination in the labour market in that country. Employers are obliged to seek an opinion from CITE if a dismissal involves a pregnant, post-partum or nursing woman and it is for this reason that there are so many opinions on this issue. The Committee appreciates these indications and indeed notes that CITE has identified other areas of concern including the very low proportion of women in vocational training, the higher percentage of women than men in unemployment, discriminatory job advertisements that perpetuate occupational segregation and lower pay for women than men.

2. In this regard, the Committee notes with interest the legislative, educational and promotional measures taken to eliminate discrimination and to promote equality, including: the adoption of Acts Nos. 116/99 and 118/99 that establish a new system of sanctions for indirect or direct discriminatory practices and the adoption of the National Employment Plan with specific provisions on gender equality; the adoption of Act No. 9/2001, which reinforces the inspection mechanisms and sanctions for sexually discriminatory labour practices by expanding the inspection powers of the Inspectorate General of Labour; the issuance of Order No. 1212/2000, to encourage recruitment in occupations where there is significant gender discrimination; and the adoption of Act No. 10/2001, which obliges the Government to submit to the Assembly of the Republic an annual report on the progress made with equality of opportunity between men and women in employment and vocational training. The Committee hopes that the Government will continue to provide information on the activities of CITE and on the impact and effectiveness of the abovementioned Acts and the employment plan in promoting equality in employment and occupation. It requests information on the manner in which workers’ and employers’ organizations cooperate in the implementation of these and other activities to achieve equality in employment in law and practice.

3. Further to its previous comments, CIP reiterates the need to repeal expressly the legal provision restricting night work for women that it alleges is negatively affecting collective bargaining and preventing enterprises from introducing flexibility in the organization of working time. The Committee notes the Government’s statement that this provision cannot explicitly be repealed since it is no longer in force being contrary to the constitutional principle of equality. It further declares that once there are additional reasons for a comprehensive revision of Legislative Decree No. 409/71, which includes the general ban on night work for women, this provision will certainly be deleted, but no review of such legislation has been scheduled so far. Noting that new legislation regulating night work has been adopted, the Committee hopes the Government will be in a position in the near future to clarify the legislative provisions on night work through the repeal of the prohibition on night work contained in Legislative Decree No. 409/71.

The Committee is raising other points in a request addressed directly to the Government.