Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Administration Convention, 1978 (No. 150) - Portugal (Ratification: 1981)

The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT), both received on 23 November 2015.

Articles 2, 5, 6(2)(c) and (d) of the Convention. Promotion by the labour administration of effective consultation and cooperation between public entities and employers’ and workers’ organizations and effective functioning of collective bargaining in the field of labour policy. The Committee notes the observations made by the CGTP–IN that the participatory and dialogue bodies and mechanisms are at a virtual standstill or function only when the Government wants to push through measures that are less favourable to workers. Moreover, the CGTP–IN alleges that collective bargaining is stalled at various levels, largely as a result of legislative changes introduced in order to weaken it. The Committee requests the Government to provide its comments in this respect.

Article 6(1) and (2)(a) and (b). Measures to address the crisis. The Committee notes the detailed information in the Government’s report in reply to the Committee’s previous request regarding the measures adopted in relation to the 2010 study of the Ministry of Labour and Social Solidarity on the effects of the economic and financial crisis on employment. The Government indicates that measures to promote employment and tackle undeclared work (a phenomenon that poses a risk to regular employment) were mainly undertaken in the context of the Major Planning Options, the Memorandum of Understanding on the Economic and Financial Adjustment Programme (PAEF) and the tripartite agreement (Commitment for growth, competitiveness and employment) signed by the Government and the social partners (according to the Government, CGTP–IN are not included).

In this context, the Committee also notes the observations made by the CGTP–IN that the labour administration is failing to carry out its responsibilities under the Convention because the supposed “active employment policies” have actually encouraged job insecurity and low wages. The CGTP–IN also refers to very high levels of unemployment caused by the financial crisis and the reduction in unemployment benefits which resulted in living conditions in which workers are forced to accept low-quality jobs, often involving undeclared work. The Committee requests the Government to provide its comments in relation to the observations made by the CGTP–IN.

Article 10. Conditions of service of the staff of the labour administration system. In its previous comment, the Committee noted a wage freeze in the public sector until 2014 and requested the Government to provide information on the impact of the austerity measures adopted on the staff, material means and financial resources of the labour administration system in the context of the economic and financial crisis. In reply to this request, the Government refers to the restructuring of the Employment and Vocational Training Institute (IEFP) aimed at making better use of resources and achieving progress towards the goal of reducing public spending. The Government also refers to a decrease in number of staff in the IEFP from 4,124 in 2010 to 3,641 in 2015 and a decrease in the number of staff in the Authority for Conditions of Work (ACT) from 1,130 in 2010 to 891 in 2014 (in May 2015 however, according to the Government, 42 additional labour inspection positions were approved for the ACT).

The Committee also notes the concerns raised by the CGTP–IN that deep budget cuts (including significant cuts in wages and benefits of staff, and a drastic reduction in staffing levels) have undermined the effective functioning of the labour administration services. In addition, the transfer of some labour administration services to the Ministry of Economy and their ongoing re-transfer to the Ministry of Solidarity, Employment and Social Security, has weakened the labour administration system. The CGTP–IN contends that there is a violation of Article 10 in view of the current working conditions (including wages) of staff in the labour administration which affects their independence and the insufficient material and financial resources which affects the effective performance of duties. The UGT raises particular concerns with regard to the effective functioning of the ACT and its preventive mandate in the area of occupational safety and health (OSH), in a situation of economic crisis where less investments in OSH are made to reduce costs. In this context, the UGT also indicates that the freeze on wages, promotions and career advancement of most employees was extended by Act No. 75/2014. It adds that the overall intention to reduce staffing poses serious threats to the proper functioning of the public administration, particularly in the absence of measures for improving it through, among other things, better management and rationalization of existing resources, an issue that has yet to be seriously discussed with the trade unions. The Committee requests the Government to provide its comments in this respect.