Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Portugal

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1962)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1983)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) and the information in the 2018 report on the activities of the Working Conditions Authority (ACT). Moreover, the Committee notes the observations made by the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP), communicated with the Government’s report.

The Committee further notes the observations made by the UGT, and the Confederation of Trade and Services of Portugal (CCSP) received in 2020, communicated with the Government’s supplementary information. It notes that the UGT alleges that the ACT: (i) focuses on prevention at the expense of inspections and application of penalties; (ii) insufficiently coordinates its work with social partners; and (iii) issues its activity reports on inspections at irregular intervals and with many delays. The Committee asks the Government to provide its comments in this respect.

The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the Union of Labour Inspectors (SIT), alleging non-compliance by Portugal with the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 340th Session (October–November 2020), the Governing Body decided that it was receivable and to designate a tripartite committee for its examination (GB.340/INS/19/8, paragraph 5). The Committee notes that the allegations contained in the representation refer to Articles 7 and 10 of Convention No. 81, and 9 and 14 of Convention No. 129 concerning training and number of labour inspectors. In accordance with its usual practice, the Committee has decided to suspend its examination of these issues pending the decision of the Governing Body in respect of the representation.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information on the labour inspection measures taken by the Government in the context of the COVID-19 pandemic, including Decree No. 2-C/2020 of 17 April 2020, regulating the extension of the state of emergency decreed by the President of the Republic, which foresees strengthening the resources and powers of the ACT. The Committee also notes that CCSP indicates that a working group was established to monitor labour matters during the crisis arising from the COVID-19 pandemic, chaired by the Inspector General, with the participation of social partners, and that this group monitored the implementation of emergency measures and included a report on the inspections conducted by the ACT.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee takes note of the information provided by the Government in its report in response to the Committee’s previous request concerning overtime. It also takes note of the Government’s indication that the career of labour inspectors, as well as their development, is provided for in Decree-Law No. 112/2001, which establishes the legal framework and defines the structure of the inspection careers of the Public Administration. In addition to the base salary provided for in that Decree-Law, inspectors are also entitled to a supplement for the exercise of the inspection function amounting to 22.5 per cent of the base salary. The Committee notes the Government’s indication that pursuant to this Decree-Law, a new career and remuneration system will be implemented for labour inspectors. In this regard, the Committee takes note that the UGT indicates that it has opposed the worsening of working conditions for labour inspectors and their lack of career prospects (which prevents progression). The union further indicates that, in 2018, a tripartite agreement was signed called “Combating precariousness and reducing labour segmentation and promoting greater dynamism in collective bargaining”, which includes measures aimed at strengthening the conditions of service of the ACT. The UGT indicates that the agreement provides for measures to strengthen conditions of service at the ACT, the number of labour inspectors, the information systems of the ACT and mechanisms for hearing the views of the social partners. The Committee requests the Government to continue to provide information on measures taken to improve the conditions of service of labour inspectors, including the results obtained through the implementation of the 2018 tripartite agreement. In this respect, it requests information on the measures taken, including within the context of the new career and remuneration system, to ensure that the remuneration levels and career prospects for labour inspectors are commensurate with that of other public officials exercising similar functions. In addition, the Committee requests information on stability of employment for labour inspectors (excluding management positions), including information on the proportion of inspectors with two years, five years, and more than eight years on the job.

Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. In its previous comments, the Committee welcomed the Government’s indication that the ACT was in the process of recruiting 117 labour inspectors. It notes that in September 2019 and in May 2020, an additional 53 and 80 new inspectors were recruited respectively, raising the total number of labour inspectors to 417 by 2020 (compared with 359 inspectors in 2012). The Committee also notes the Government’s indication that, in addition to labour inspectors, the ACT has a total of 505 support staff (as compared to 514 in 2016) and that a number of competitions have been opened for the recruitment of senior technicians. In this regard, the Committee takes note that the CGTP–IN states that both the number of labour inspectors and support staff are still insufficient to ensure the effective exercise of the functions of the inspection service. The CGTP–IN also indicates that the ACT does not ensure the presence of at least one occupational safety and health technician in each regional office. The Committee welcomes the Government’s efforts to ensure the recruitment of a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate, and requests it to continue to provide information on any further measures taken in this respect. It also requests the Government to continue to provide information on the training or other measures taken to facilitate the rapid integration of these new inspectors. Lastly, it requests the Government to provide information on the measures taken to ensure that duly qualified technical specialists are associated with the work of inspection.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. In response to its previous request concerning an inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits, the Committee notes the Government’s indication that the definition of inspection priorities is based on: (i) the monitoring of undertakings where accidents at work have occurred or occupational diseases have been detected; and (ii) consideration of the number of workers potentially covered by the situations considered to be the most serious for their safety or physical and mental health. The Government indicates that the new information system will contribute to a more efficient and effective planning of the inspection action. The Government states that, in this process, the employers’ and workers’ organizations represented on the ACT’s Consultative Board are consulted, having agreed on the Iberian Campaign for the Prevention of Accidents at Work (2016–18) and the National Campaign for Safety and Health for Temporary Workers (2016–18).

The Committee notes that the CGTP–IN asserts that the number of inspection visits has decreased dramatically over the years, as well as the number of workplaces visited and the number of workers covered. In this regard, the Committee notes the substantial decrease in the number of inspections (from 90,758 in 2011 to 37,482 in 2017), the number of undertakings inspected (from 80,159 in 2011 to 24,584 in 2017) and the number of workers covered (from 609,343 in 2011 to 317,838 in 2017). However, it also notes that over the same period, the number of violations detected increased from 17,607 in 2011 to 24,352 in 2017. In this regard, the Committee notes that the Government indicates that in 2013, there was a change in the statistical criteria for collecting information on the number of inspection visits and workplaces visited to avoid inflating the data by counting a visit to the same workplace that covered different subjects as a new visit. The Government further states that the data on the outcome of inspection visits indicate that there have been no significant changes in the number of penalties applied. The Committee notes, in addition, that according to the information in the 2018 report on the activities of the ACT, there has been increase from 2017 to 2018 in the number of inspections (38,287 in 2018), number of undertakings inspected (25,200), workers covered by inspections (399,836) and violations detected (26,465). Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on developments related to the overall number of labour inspections undertaken and workers covered. In this respect, the Committee requests the Government to continue to provide information on the number of inspections that are planned versus the number that are reactive to complaints or accidents; the average or normal duration of planned versus reactive inspections; and the nature and number of violations identified and sanctions pursued for each type of inspection.

The Committee is raising other matters in a request addressed directly to the Government which reiterates the content of its previous request adopted in 2019.