Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 the comments from the General Union of Workers, the General Confederation of Portuguese Workers (CGTP) and the Confederation of Portuguese Industry (CIP) concerning the application of the Convention.

The Committee recalls that its previous comments referred to:

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

The Committee notes with satisfaction the Government’s information on the adoption of Act No. 99/2003, which approves the new Labour Code, repeals the abovementioned Decrees and no longer requires a minimum number of workers or employers for the formation of trade unions or employers’ organizations.

The Committee notes that the CGTP refers in its comments to the (recently approved but not yet published) regulations of the new Code, which contain provisions, in the part concerning the election of workers’ representatives, relating to safety and health in the workplace which would entail intolerable interference in the electoral process both from the employers and from the State and which would be contrary to the right to organize freely. The Government indicates that it will submit its comments in this regard once the regulations have been published. The Committee requests the Government to transmit a copy of the text of the regulations with its next report.

The Committee also observes that, according to the Confederation of Portuguese Industry, the deduction of trade union dues from wages by the employer, maintained in the new Labour Code, is not compatible with the principle of autonomy and independence of organizations. The Committee recalls that it noted with interest the adoption of Act No. 81/2001 which provides for the deduction at source of trade union dues. The Committee emphasizes that such a system may favour the development of harmonious labour relations and is not contrary to the Convention.