Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Work of equal value. The Committee notes that, under section 32(d) of Act No. 35/2004 of 29 July, issuing regulations under the new Labour Code of 2003, work of equal value refers to a series of tasks, undertaken for the same employer and considered equivalent taking into account qualifications or experience, responsibilities, physical and psychological effort and the conditions under which the work is performed. The Committee recalls that equal remuneration within the meaning of the Convention has to be provided for work of equal value, even if it is of a different nature or performed under different conditions for different employers. This broad basis for comparison is intended to identify discrimination which may result from the existence of occupational categories and jobs that are reserved for women and is intended to eliminate inequality of remuneration in sectors in which women are concentrated, or for jobs that are traditionally considered to be "female", which may be undervalued by reason of sexual stereotyping (see General Survey of 1986 on equal remuneration, paragraphs 19 to 23). The Committee asks the Government to take these comments into account with a view to applying the new provisions in a broader manner, in accordance with the principle set out in the Convention.

2. Objective appraisal of jobs. The Committee notes that, under the terms of section 28(3) of the Labour Code, systems for the appraisal of tasks and functions have to be based on objective criteria common to men and women so as to exclude any discrimination based on sex. The Committee asks the Government to provide information on the methods used to undertake an objective appraisal of jobs on the basis of the work to be performed.

3. The wage gap. The Committee notes the information provided by the Government. It notes in particular the activities carried out by the Committee for Equality in Labour and Employment (CITE) and that a Second National Plan for Equality is being implemented. The Committee asks the Government to provide information indicating whether these measures have contributed to reducing wage differences, taking into account not only the basic wage, but also additional components of wages, as provided for by Article 1(a) of the Convention, under which the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee also notes the comments made by the General Union of Workers (UGT) and the General Confederation of Portuguese Workers (CGTP) attached to the Government’s report. According to the UGT, the most significant progress in this respect relates in particular to the improvement of the legislation, but the wage gap still persists. The UGT reports that Portugal is the country in the European Union with the greatest inequalities. A woman is reported to earn on average 77 per cent of the remuneration of a man, with this proportion falling to 67 per cent for women manual workers. The CGTP also reports a considerable wage gap and expresses the view that only the statutory obligation to introduce affirmative action measures in collective agreements will lead to a reduction in this gap. It also emphasizes that more and more enterprises are adopting a system of bonuses, which penalizes women even more. In practice, it is difficult for women to benefit from these bonuses due to their family obligations. The Committee asks the Government to provide its observations on these comments.

4. The wage gap and the objective appraisal of jobs. The Committee notes with interest that, with a view to combating inequalities between women and men on the labour market, the CITE is currently participating in nine projects under the European Community’s EQUAL initiative, some of which specifically address the issue of equal remuneration. It notes in particular the project "Revaluing work to promote equality", undertaken in the catering subsector, which employs 82,928 persons. Employers’ and workers’ organizations are supporting and participating in the project, the aim of which is to formulate and test a method for the appraisal of jobs based on the evaluation of the work, which could contribute to reducing any disparities between the remuneration of men and women. The ILO is participating in this project by providing technical assistance. The Committee asks the Government to keep it informed of progress in implementing the project and its impact on the sector.

5. The Committee notes with interest the ruling by the Court of Appeal of Porto, of 20 October 2003, which relates to equal remuneration. Please continue providing information on any relevant court decisions and on the activities of the labour inspectorate in the field of equal remuneration.