Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the observations of the General Union of Workers (UGT) dated 2 September 2010. The Committee further notes the observations of the Portuguese Tourism Confederation received on 22 September 2010 according to which no discrimination has been observed in the sector.

Gender pay gap. The Committee notes that the UGT refers to differentials in the remuneration of men and women workers of 23.5 per cent in 2009. The UGT highlights however the positive effects on remuneration differentials of national policies and collective bargaining. The Committee notes that the Government indicates in this regard that the measures to reduce the gender pay gap to be adopted in the framework of the Third National Equality Plan have not been implemented yet. The Government refers however to the European campaign aimed at eliminating remuneration differentials and indicates that the Commission for Equality in Labour and Employment (CITE) is one of the national institutions in charge of its implementation. The Government also indicates that the recommendations of the Commission on the White Paper on Industrial Relations concerning equality and non-discrimination have been adopted in the framework of the revision of the Labour Code, Act No. 7/2009, and refers in particular to the possibility of declaring invalid collective agreements that do not respect the principle of equality (section 479). The Committee notes however that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of occupational segregation of women and men in the labour market, in particular at the fact that women’s higher educational achievements do not translate into equivalent jobs and salary levels, the fact that women make up 59.7 per cent of the registered unemployed persons, and the continuing gender pay gap, where current figures show that the average monthly earnings of women amount to approximately 77.2 per cent of men’s earnings and that at managerial level this percentage is only 70.4. (CEDAW/C/PRT/CO/7*, 1 April 2009, paragraph 41). The Committee notes in this respect that according to the report on the improvement of equality of opportunities between men and women at work, employment and vocational training elaborated by the CITE for the period 2006–08, the increase in these differentials is directly proportional to the level of education of women. Furthermore, the Committee notes that according to Eurostat the unadjusted pay gap has widened in the last years. Indeed, while it was at 8.4 per cent in 2007, it increased to 9.2 per cent in 2008 and was at 10 per cent in 2009. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men and that this requires that governments, along with employers’ and workers’ organizations take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to take concrete measures to reduce the remuneration gap between men and women and to provide information on their impact. Recalling that it had taken note that a study on remuneration disparities was envisaged under the Third National Citizenship and Gender Equality Plan (2007–10), the Committee asks the Government to provide information on the status of this study and to communicate its findings, in particular with respect to the underlying causes of the existing remuneration gap and any measures consequently being considered to address such causes.

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Committee notes that the Government does not give detailed information on this issue. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), with respect to occupational sex segregation which characterizes the Portuguese labour market. The Committee recalls that historical attitudes toward the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, contribute to occupational sex segregation within the labour market, with women being concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates. The Committee therefore 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. In its previous comments the Committee noted the project “Revaluing work to promote equality” and the preparation of a methodological guide, in collaboration with the social partners, intended to provide companies with assistance in the process of job classification. The Government indicates in this respect that the guide was being used in a trial training organized in collaboration with the ILO International Training Centre in Turin. The Committee asks the Government to continue to provide information on the results of the project as well as on the number of enterprises that have adopted the methodological guide in practice and the sectors covered.

Austerity measures. While noting the importance of adopting concrete measures to overcome the current economic and financial crisis affecting the country, the Committee would like to underline the importance of monitoring carefully the impact of the austerity measures taken to address this crisis on the employment situation of men and women, particularly with respect to differentials in remuneration and occupational job segregation. The Committee further considers it paramount to ensure that the progress achieved by previous action taken to promote the principle of the Convention, will not be adversely affected. The Committee asks the Government to provide any relevant information concerning the impact of the austerity measures adopted to address the current economic and financial crisis on equality and non-discrimination policies and measures either being implemented or to be applied in the future, in particular with respect to differentials in remuneration and occupational job segregation. The Committee also refers the Government to its comments made concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in the country.

Part III to V of the report form. The Committee notes the advisory opinions of the CITE indicating that the provision in a collective agreement that granted women workers an allowance for childcare should be understood as benefitting both fathers and mothers. The Committee also notes that the Commission for Citizenship and Gender Equality (CIG) together with the CITE have established the “Equality and Quality” prize that may be awarded on the basis of respect for the principle of the Convention. The Committee further notes that the Human Potential Operation Programme (POPH) promotes the adoption of equality plans within enterprises and has the objective, among others, of reducing differentials in remuneration. The Committee asks the Government to continue to provide copies of relevant opinions of the CITE and to provide information on the activities carried out by both the CITE and CIG for 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 or brought to the attention of the labour inspection services relating specifically to the application of the Convention as well as on the remedies provided or the sanctions imposed.