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

Minimum Wage Fixing Convention, 1970 (No. 131) - Portugal (Ratification: 1983)

The Committee notes with interest the information provided by the Government in its latest report and the observations of the General Union of Workers (UGT).

I.  Factors applied in adjusting minimum wages

1. The Committee notes that the most recent factors taken into account for the purpose of fixing minimum wages are: wages determined by agreements; actual average income; and the consumer price indices. The Government also states that minimum wages since 1995 have risen at a faster rate than prices or wages determined by agreements. Average income continues to rise at a faster rate than minimum wages, although the disparity between the two shows signs of diminishing. Lastly, the Government indicates that the revision of the minimum wage has been reflected in a rise that matches in full the forecast rise in prices and takes into account, fully or partially, the estimated rise in labour productivity. The Government emphasizes that the rise in the minimum wage is closely linked to the rise in productivity, so that workers receiving the minimum wage benefit from economic growth.

2. The UGT considers that the increase in minimum wages should match the commitments entered into under the Strategic Concertation Pact and reflect the need to bring Portuguese wages and living standards into line with the EU average, and that in addition it should be set at a higher rate than the average rate of wage increases. The Committee notes that, according to the Government, the questions raised by the UGT concern the Strategic Concertation Pact, rather than factors relating to the application of the Convention.

II.  Wages in the domestic sector

3. The Committee notes that, according to the Government, the minimum wage in the domestic sector has risen faster than in other areas of activity. It also states that the minimum wage in the domestic sector is expected to reach the same level as wages in other areas by January 2004.

4. In this regard, the UGT stresses the need to harmonize the national minimum wage and the minimum wage in the domestic sector. Bearing in mind the information supplied by the Government in its report, the Committee requests the Government to keep it informed of any changes in the minimum wage in the domestic sector by comparison with the national minimum wage.

III.  The minimum wage for apprentices

5. The Committee recalls that, according to section 4 of Act No. 45/98 of 6 August 1998, the minimum wage for apprentices and workers undergoing training may be reduced by 20 per cent in accordance with the procedures set out in the Act. The Committee had noted previously that, in the view of the General Confederation of Portuguese Workers (CGTP-IN), employers were resorting to the practice of employing apprentices and workers undergoing training with a view to paying lower wages.

6. Since the Committee has received no response to its request for information on this matter, it feels bound once again to request the Government to provide information on the measures adopted to prevent any abuse of section 4 of Act No. 45/98.

IV.  Practical application of the Convention

7. The Committee notes the information, supplied by the Government in response to its previous observations, on the measures adopted to enable workers who have suffered as a result of violations of minimum wage provisions to appeal to the labour inspection authorities or directly to the labour courts. The Government states in addition that the labour inspection authorities carry out advisory and supervisory activities.

8. The Committee also notes the information supplied on the number of inspections carried out in 2001 (40,312), covering more than 300,000 workers.

9. The Committee requests the Government to continue to keep it informed on any developments with regard to the practical application of the Convention, indicating among other things the number of workers receiving the national minimum wage or the domestic sector minimum wage, the number of inspections carried out and the number of contraventions recorded.