Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Portugal (Ratification: 1978)

The Committee notes the observations of the General Union of Workers (UGT) and the General Confederation of Workers of Portugal (CGTP) as well as the Government’s reply to these observations. These observations are also being examined in the context of the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Articles 2 and 4 of the Convention. Services to assist migrant workers. The Committee notes the Government’s indication that the High Commissioner for Immigration and Intercultural Dialogue has adopted a set of measures for the integration of migrant workers, namely National and Local Immigrant Support Centres (CNAI and CLAII, respectively), a national telephone information service and the Translation Phone Service. The Government indicates that CNAIs consist of a one-stop shop providing free services, where immigrants can have access to different governmental services relevant for their integration. The Government has also developed information guides, brochures, internet portals and television programmes to inform migrants as well as to sensitize public opinion on migrants’ rights. The Government also refers to diverse measures adopted to facilitate the return of migrant workers. The Committee further notes that the Second Plan for Immigrant Integration provides for gender mainstreaming in the reception and integration of immigrants, as well as for the promotion of information and awareness of the rights of immigrant women. The Committee requests the Government to continue to provide information concerning the services to assist migrant workers, including how services have addressed particular concerns and needs of women migrants, and any obstacles encountered.

Article 6. Equality of treatment. The Committee notes that in reply to the observations from the CGTP expressing concerns that Act No. 23/2007 establishes different categories of migrant workers that could create certain differences of treatment among them, the Government indicates that according to Act No. 23/2007 and European legislation, citizens from the European Union, the European Economic Area, Switzerland and some other specific countries enjoy freedom of movement, entrance, residence and exit derived from Community law. The Committee notes that Law No. 29/2012 of 9 August 2012, which modifies Act No. 23/2007, establishes the legal framework for the entry, residence, departure and expulsion of foreign nationals. The Law transposes the Directives of the European Parliament and the Council concerning irregular migration; minimum standards on sanctions and measures against employers of “illegally staying third country nationals”, and the single permit for highly qualified employment of third country nationals. The Law introduces the “European Union (EU) Blue Card” for highly qualified nationals from countries outside the EU (“third country nationals”) who, after a period of two years, can have free access to all highly qualified employment and be granted a long-term residence permit. The Law also contains provisions on equal treatment with respect to remuneration, freedom of association, vocational training and social security. The Committee asks the Government to provide information on how it is ensured that no less favourable treatment is applied to migrant workers lawfully within its territory, other than citizens from the European Union, the European Economic Area, Switzerland and Blue Card holders, than that which is applied to its own nationals, in respect of the matters set out in Article 6(1)(a) to (d), in particular remuneration, membership in trade unions, accommodation and social security. The Committee requests the Government to provide statistics, disaggregated by sex and nationality and, if possible, by occupation, on the number of EU Blue Card holders as well as temporary and long term third country nationals in Portugal. Please also provide statistical information disaggregated by sex, on the number of Portuguese workers abroad, where possible.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s indication that the incapacity as a result of labour accidents is not one of the circumstances provided for in the legislation for the expulsion of migrant workers from the national territory. The Committee requests the Government to clarify whether a migrant for employment who has been admitted on a permanent basis to the country and the members of her or his family are not returned to their territory of origin or the territory from which they emigrated because the migrant is unable to follow his or her occupation not only by reason of work injury but also of illness.

Article 3 and Annexes I and II. Private recruitment agencies. The Committee notes the adoption of Decree Law No. 260/2009 in application of the Private Employment Agencies Convention, 1997 (No. 181), which regulates the establishment of private agencies. According to the Decree, services provided should be free for workers. Moreover, specific provisions regulate the conditions that have to be fulfilled for any contract offer. The Committee further notes that section 11 of the Decree establishes specific conditions for the employment of workers abroad similar to those already provided in Act No. 19/2007 (section 10). The Committee also notes that labour inspection services also detected 74 violations of the legislation between 2007 and 2009 and 30 violations between 2010 and 2011. The Committee requests the Government to continue to provide information on the implementation of those provisions of Decree Law No. 260/2009 related to migrant workers as well as on any violations of Decree Law No. 260/2009 and any measures adopted to address any difficulties encountered in this respect. The Committee also requests the Government to provide information on the measures adopted to ensure adequate protection of migrant workers recruited or placed in its territory by private employment agencies against misleading propaganda.

Practical information. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern that the Government’s responses to the current financial and economic crises should not lead to “a situation which would increase poverty and potentially give rise to racism, racial discrimination, xenophobia and related intolerance against foreigners, immigrants …” (CERD/C/PRT/CO/12-14, 13 April 2012, paragraph 20). The Committee requests the Government to provide information on any difficulties arising due to the implementation of measures to address the current financial and economic crises in the practical application of the Convention.