Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s report and the observations of the General Confederation of Portuguese Workers (CGTP) and the General Union of Workers (UGT).

Gender wage gap. The Committee notes that the CGTP’s and the UGT’s submissions refers to the persistence of significant differentials in the remuneration of men and women workers. In particular, the CGTP emphasizes the existence of vertical and horizontal occupational segregation in the Portuguese labour market, resulting in women’s confinement to “lower-paid sectors and less valued categories”. The Committee notes from the statistics provided by the Government in its report that in 2005 the gender wage gap amounted to approximately 22.6 per cent. The Committee also notes that, according to LABORSTA, in 2007, women working in manufacturing earned around
67.83 per cent of men’s earnings (remuneration gap: 32.17 per cent), while they received 77.93 per cent of men’s remuneration in the education sector (22.07 per cent). The Committee notes that the Third National Citizenship and Gender Equality Plan (2007–10) envisages the adoption of measures to address the current job sex segregation and to reduce the gender wage gap, and it also calls for the realization of a study on the issue. The Committee further notes the 2007 Report on the Operational Programme for Employment, Training and Social Development relating to the promotion of equality of opportunity which, however, does not contain information on the impact of this initiative on promoting women’s access to better-paid jobs. The Committee asks the Government to provide information on the measures taken or envisaged under the Third National Citizenship and Gender Equality Plan (2007–10) to reduce the remuneration gap between men and women and the impact of such measures. The Committee also asks the Government to supply information on the findings of the study on remuneration disparities envisaged under the Plan as regards, in particular, the underlying causes of the existing remuneration gap and any measures consequently being considered to address such causes. The Committee would also appreciate receiving information on any initiatives relevant to the promotion of the application of the principle of the Convention carried out by the Commission on the White Paper on Industrial Relations pursuant to its mandate to propose amendments to the current national legal framework with a view to promoting, among other things, gender equality.

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. Recalling its previous comments on the scope of the principle of equal remuneration for work of equal value, the Committee reiterates its request for information on any measures taken or envisaged to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed. Please also provide information on any relevant measures included in the equality plans adopted at the enterprise level.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the project “Revaluing work to promote equality”, undertaken with ILO assistance, resulted in the preparation of a methodological guide, in collaboration with the social partners, intended to provide companies with assistance in the process of job classification with a view to eliminating gender bias and promoting equal remuneration between men and women. The Committee notes that this guide is aimed at the catering and drinks sector, and could be adapted for other sectors. The Committee asks the Government to continue to provide information on the results of the project. Please also indicate how many enterprises have adopted the methodological guide in practice, and whether the guide has been adapted for and used in any other sectors.

Parts III to V of the report form. The Committee notes the advisory opinions of the Commission for Equality in Work and Employment (CIPE) indicating, among other things, that the period of maternity leave shall not be considered as “absence” when assessing employees’ assiduity at work in the context of the attribution of incentives. The Committee also notes the information regarding labour inspections which, however, do not include any specific reference to violations involving the principle of the Convention. The Committee asks the Government to continue to provide copies of relevant opinions of the CIPE. Noting that under Legislative Decree No. 164/2007, the Commission for Citizenship and Gender Equality (CIG) has taken over the responsibility of promoting equality from the CIPE, it also asks the Government to supply information on any activities carried out by the CIG in respect of the promotion of the principle of equal remuneration for work of equal value. The Committee further asks the Government to provide information on any violations detected by the labour inspection services relating to the application of the Convention, as well as on the remedies provided or the sanctions imposed.