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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN) communicated with the Government’s report.

Measures addressing the situation of migrant workers during the COVID-19 pandemic. The Committee notes the Government’s indication, in its report, that a number of measures were adopted to address the situation of foreign workers during the COVID-19 pandemic in particular by: (1) automatically extending the validity of temporary residence permits, and (2) giving temporary residence permits to immigrants with pending applications, thus enabling their access to healthcare, employment, social support benefits and housing (Order No. 3863-B/2020 of 27 March 2020; extended by Order No. 10944/2020 of 8 November 2020; and Order No. 4473-A/2021 of 3 April 2021). The Committee notes that more than 356,000 immigrants benefited from this temporary regularization. It welcomes this information. It however notes that the Ombudsman for Justice received several complaints from immigrants about the implementation of these measures in practice, alleging more particularly difficulties regarding access to health services. The Committee asks the Government to provide information on the implementation and impact over time of the specific temporary measures adopted in the context of the COVID-19 pandemic.

Article 1 of the Convention. Migration flows. The Committee previously noted that, as a result of economic and financial crises, migrations flows had changed with a decrease being observed in employment contracts signed with foreign workers, while the number of nationals emigrating abroad for employment had increased. The Committee notes the Government’s indication that these trends have been reversed over the past years. According to the statistical information provided by the former Foreigners and Borders Service (SEF), in 2019, the number of foreign citizens residing in Portugal rose by 22.9 per cent, in comparison to 2018. In 2019, there were 590,348 documented third-country nationals holding a residence permit (mainly from Brazil, Cabo Verde and United Kingdom), the highest since 1976. Furthermore, 218,892 foreigners were working in the country representing 7 per cent of the total working population in Portugal (compared to 5 per cent in 2017). The Government adds that there is no available information on the number of Portuguese workers abroad, but the number of permanent emigrants decreased from 31,753 in 2017 to 28,219 in 2019 – 87 per cent of whom were in the working age. The Committee asks the Government to provide statistical data, disaggregated by sex and nationality where available, on the employment of migrant workers (European Union citizens and third-country nationals, distinguishing between third-country nationals with temporary, long-term and permanent residency permits) in the various economic sectors. It also asks the Government to continue to provide statistical information on the number of permanent Portuguese emigrants.

Information on national policies, laws and regulations. The Committee previously noted the adoption of the Strategic Plan for Migration for 2015–20 (PEM), as well as the Third National Plan on Preventing and Combating Trafficking in Persons (2014–2017), and requested the Government to provide information on their impact on the application of the Convention. The Committee notes the Government’s statement that, according to the final evaluation report of the PEM, which ended in 2020, its overall execution rate was estimated at 86.9 per cent. The Government adds that, in the framework of the PEM, 22,407 actions were carried out to promote gender equality and combat trafficking in persons, labour exploitation and undeclared work, as well as to disseminate information and raise awareness. The Committee notes the adoption of the National Plan for the Implementation of the Global Compact for Migration (PNIPGM), by Resolution of the Council of Ministers No. 141/2019, of 1 August 2019, with a view to implement the United Nations (UN) Global Compact for Safe, Orderly and Regular Migration (UN resolution, A/73/L.66, 12 December 2018). It notes, more particularly, that the PNIPGM sets 23 objectives articulated around five main dimensions: (1) promoting safe, orderly and regular migration; (2) improving the processes to organize and manage migratory flows; (3) promoting and qualifying migrant reception and integration mechanisms; (4) supporting connections between migrants and their home countries and projects for return; and (5) enhancing development partnerships with countries of origin and transit. Regarding trafficking in persons, the Committee further notes the adoption of the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021 (PACTSH IV), by Resolution of the Council of Ministers No. 80/2018, of 7 June 2018. Referring to its previous comments, the Committee further notes with interest the adoption of: (1) Decree Law No. 101-E/2020 of 7 December 2020 which transposed into national law the Directive (EU) 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, including remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation; as well as (2) Law No. 28/2019, of 29 March 2019, amending the Foreigners Act of 2007, which establishes a presumption of legal entry into the national territory when granting a residence permit for the exercise of professional activity in Portugal. In that regard, the Committee notes that, in its observations, the CGTP-IN considers this legal presumption as a positive development as a result of the simplification of the regularization mechanism for undocumented immigrant workers who are working in the country, although in practice the effective regularization and obtaining of respective residence permits remain extremely problematic, namely due to bureaucratic obstacles and deficiencies in the functioning of the responsible services. Welcoming these new developments, the Committee asks the Government to provide information on the concrete measures implemented to give effect to the provisions of the Convention, including in the framework of the National Plan for the Implementation of the Global Compact for Migration and the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021, as well as on any assessment of their impact. It asks the Government to continue to provide information on national policies, laws and regulations elaborated and implemented to give effect to the provisions of the Convention.

Articles 2 and 4. Services to assist migrant workers. Referring to its previous comments, the Committee notes the Government’s indication that several measures were continued to improve the quality of migration services and disseminate information on the rights and obligations of migrant workers. It notes, more particularly, that the three National Immigrant Support and Integration Centers (CNAIM) and the national network of Local Immigrant Support and Integration Centers (CLAIM) continued to provide free assistance to immigrants on different areas, such as regularization, nationality, family reunification, housing, work, security social, health, education, professional training, entrepreneurship and support for immigrant associations. The Government adds that, as of June 2021, the national network of CLAIM was composed of 119 local offices and, in some regions, this service is provided on a roaming basis, bringing the service to migrant citizens who otherwise do not have access to it, either due to lack of mobility or lack of other resources. The Committee notes, from the statistical information provided by the Government that, between January 2020 and April 2021, the national network of CLAIM provided assistance to 147,132 immigrants. The Committee welcomes this information. It further notes the adoption of the Resolution of the Council of Ministers No. 43/2021 of 15 April 2021 according to which the former SEF is now replaced by the Foreigners and Asylum Office (SEA). It notes the Government’s statement that this change serves to make clearer distinction between assistance to immigrants for administrative migration processes, for which the SEA is now responsible, and the police functions, that are transferred to the security forces, namely the Public Security Police (PSP) and the National Republican Guard (GNR). The Committee asks the Government to continue to provide information on the services provided to assist migrant workers, in particular by the National and Local Immigrant Support and Integration Centers and the newly created Foreigners and Asylum Office, and on the manner in which such services address their particular concerns and needs, as well as on any obstacles encountered.

Adequate and free services and measures to facilitate the migration process. The Committee notes the Government’s indication that measures to encourage the return of emigrants and Portuguese descendants have been continued, including through the implementation of the “Regressar” Programme, approved in March 2019, extending specific support for emigrants and Portuguese descendants and their families, in housing, education, social protection and priority access to active employment and training policies. The Government adds that around 1,400 applications were registered in the framework of this programme, corresponding to more than 3,000 persons. In that regard, the Committee notes that the National Plan for the Implementation of the Global Compact for Migration provides for several measures to encourage the return of emigrants and Portuguese descendants. The Committee asks the Government to provide information on the measures taken to facilitate the migration process and provide free services to Portuguese emigrants and returnees, including through bilateral agreements, in particular in the framework of the National Plan for the Implementation of the Global Compact for Migration.

Article 3 and Annexes I and II. Private employment agencies and measures to prevent misleading propaganda. The Committee previously noted that Law No. 5/2014, of 12 February 2014, amending Decree-Law No. 260/2009, of 25 September 2009, simplified the legal regime governing the operation and licensing of private and temporary employment agencies and requested the Government to provide information on the measures taken to ensure adequate protection for migrant workers recruited or placed in its territory by private employment agencies in order to prevent misleading propaganda. Noting with interest the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29) on 23 December 2020, the Committee regrets the lack of information provided by the Government in that regard. It however notes that: (1) the PNIPGM sets as specific objective to facilitate fair and ethical recruitment and safeguard conditions that ensure decent work, including by strengthening the capacity of labour inspectors within the scope of monitoring mechanisms and prior certification of recruiters, employers and service providers in all sectors, namely by carrying out an assessment of their suitability and legitimacy; and (2) the PACTSH IV foresees, among others, measures to promote a better monitoring of recruitment agencies. The Committee observes, from the statistical information provided by the Government, that the number of infringements by private employment agencies identified by the Working Conditions Authority (ACT) drastically decreased from 44 in 2010 to none in 2019. In light of the dramatic decrease in the number of infringements by private employment agencies identified by the Working Conditions Authority, the Committee asks the Government to provide information on the proactive measures taken, including in the framework of the National Plan for the Implementation of the Global Compact for Migration and the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021, to ensure adequate protection for migrant workers recruited or placed in its territory by private employment agencies in order to prevent misleading propaganda. It further asks the Government to continue providing information on the number and nature of violations, if any, of the provisions of Decree-Law No. 260/2009 detected by the Working Conditions Authority, as well as on the number of cases, if any, identified after 2019 where private employment agencies were sanctioned by a temporary prohibition of activity while specifying the reasons on which such sanction was based. The Committee asks the Government to provide information on any assessment made of the supervision of the private employment agencies by the Working Conditions Authority, as well as on the reasons of the important decrease in the number of infringements recorded.

Article 6. Equality of treatment. The Committee previously noted the concerns expressed by the CGTP-IN and the General Workers’ Union (UGT) regarding migrant workers who were, in practice, still more vulnerable to discrimination. It requested the Government to provide information on how it was ensured that, in practice, no less favourable treatment is applied to migrant workers lawfully within its territory, in particular third-country nationals, regarding remuneration, membership in trade unions, accommodation and social security. The Committee notes that the Government merely refers to Articles 13 and 15 of the Constitution which generally provide for equality of rights between nationals and foreigners staying or residing in the national territory. It however notes that, in its observations, the CGTP-IN reiterates its concerns regarding the fact that, despite several amendments introduced in 2015 in the Foreigners Act No. 23/2007, the provisions of the Act establishes different categories of migrant workers that could create certain differences of treatment among them, and ultimately force unskilled workers to remain in irregular situations. The Committee further notes that, in its 2020 report, the Observatory for Migration highlights that the segmentation of the labour market according to nationality persists, with foreign workers being still over-represented in least attractive jobs, characterized by lower or no qualifications, tougher working conditions and high levels of insecurity (half of them being concentrated in the three lowest occupational groups), while during the same period there was an increase in the number of foreign workers with medium and higher educational levels and a decrease in the number of foreign workers with lower qualifications. In that regard, the Committee refers to its 2021 direct request on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the observations made by the GGTP-IN regarding increasing discrimination faced by migrant workers in employment and occupation. Regarding “European Union (EU) Blue Cards” for highly qualified nationals from countries outside the EU (“third-country nationals”), the Committee notes the Government’s general indication that 15 men and 1 woman have been granted a EU Blue Card, but observes that no information is provided by the Government on the period covered by this statistical data. In light of the persistent vulnerability to discrimination in employment observed against migrant workers, the Committee asks the Government to provide information on the proactive measures taken to ensure that, in practice, 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)–(d) of the Convention, in particular remuneration, membership in trade unions, accommodation and social security. It further asks the Government to continue to provide statistical information, 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.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee previously noted the clarifications provided by the Government regarding the national provisions applicable to migrant workers and their family in the event of occupational accident or disease, regarding in particular compensation, rehabilitation and rehiring of workers. The Government added that inability to work as a result of an occupational accident or disease is not included in the list of the grounds for compulsory removal or expulsion from the country of non-nationals, provided for in section 134 of the Foreigners Act. The Committee notes the Government’s repeated indication that the national legislation provides for compensation in case of incapacity for work of migrant workers. While noting the Government’s explanations regarding section 249(2)(d) of the Labour Code according to which illness is not a valid reason for termination of employment, the Committee recalls that Article 8 of the Convention addresses the right of permanent migrant workers to maintain their residence permit if, as a result of injury sustained or illness contracted after entry, they are unable to work. The Committee again asks the Government to indicate how it is ensured that migrant workers, who have been admitted on a permanent basis to the country, and their families, who have been authorized to accompany or join them, maintain their right of residence in the event of incapacity for work of the migrant worker due to illness contracted or injury sustained subsequent to entry, and whether this right is maintained even if they find themselves without means of support.

Enforcement. The Committee previously noted that the Strategic Plan for Migration (2015–2020) provided for enhanced cooperation between various national and local authorities, as well as through partnerships with local municipalities and associations, in welcoming and integrating immigrants and refugees. It further noted that specific concerns had been expressed about the ineffectiveness of the labour inspectorate or judicial system and requested the Government to provide information on the measures taken or envisaged to strengthen the labour inspectorate. The Committee notes the lack of information provided by the Government in that regard. It however notes, from the statistical information provided by the Government, that, between 2017 and 2019: (1) the number of labour inspectors decreased from 303 to 292; (2) the number of labour inspection visits decreased from 37,482 to 31,455; while (3) the number of violations concerning the employment of foreign workers identified by the ACT increased from 48 in 2017 to 88 in 2019. The Government adds that, between 2019 and 2021, five judicial decisions were handed down on issues covered by the Convention. The Committee again asks the Government to provide information on the measures taken or envisaged to strengthen the labour inspectorate in order to ensure that legislative provisions and regulations are adequately enforced, especially in sectors where migrant workers are mostly represented. It further asks the Government to provide information on the number and nature of cases of unequal treatment dealt with by the labour inspectorate and the courts, or any other competent authority concerning terms and conditions of work of migrant workers, including remuneration, social security, and accommodation as referred to in Article 6(1)(a) and (b) of the Convention, and the amounts and nature of wages or other benefits received by migrant workers as a result of these cases.

The Committee further refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and of the General Workers’ Union (UGT), both received on 28 August 2017, as well as of the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), received on 1 September 2017, all forwarded by the Government.

Article 1 of the Convention. Migration flows. The Committee notes the Government’s indication, in its report, that migration flows have changed in recent years, mainly as a result of the economic and financial crises. It notes, from the statistical information provided by the Government that the number of notifications of employment contracts signed with foreign workers substantially decreased from 6,160 in 2015 to 1,486 in 2016. The Committee notes the UGT’s observations that, as a result of the economic crisis, the number of nationals emigrating abroad for employment has increased. The Committee asks the Government to provide statistical data, disaggregated by sex and nationality where available, on the employment of migrant workers (European Union citizens and third-country nationals, distinguishing between third-country nationals with temporary, long-term and permanent residency permits) in the various sectors. It also asks the Government to provide statistical information disaggregated by sex, on the number of Portuguese workers abroad.

Information on national policies, laws and regulations. The Committee notes the Government’s statement that, as a result of the changes in migration flows in recent years, it developed in 2014 a national migration strategy that includes measures focusing not only on immigrants, but also on emigrants and refugees. In that regard, the Committee notes the adoption of the Strategic Plan for Migration (2015–2020) which includes over 100 measures aiming at the integration of immigrants; the promotion of integration of new citizens; the coordination of migration flows; the improvement of legislation on migration and the quality of migration services; as well as the enhancement, monitoring and supporting of the return of citizens who have emigrated. It further notes the adoption of the Third National Plan on Preventing and Combating Trafficking in Persons (2014–2017). Welcoming these new developments, the Committee asks the Government to provide information on the implementation of the Strategic Plan for Migration (2015–2020) and the Third National Plan on Preventing and Combating Trafficking in Persons (2014–2017), as well as on their impact on the application of the Convention. It asks the Government to continue to provide information on national policies, laws and regulations elaborated and implemented to give effect to the provisions of the Convention.

Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. The Committee welcomes the adoption of Directive (EU) 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, including remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation. The Committee notes that Member States of the European Union shall adopt by 30 July 2020, the laws, regulations and administrative provisions necessary to comply with this Directive.

Articles 2 and 4. Services to assist migrant workers. The Committee notes the Government’s indication that specific measures under the Strategic Plan for Migration (2015–2020) aim at improving the quality of migration services and disseminating information on the rights and obligations of migrant workers. The Government adds that several other measures were continued, such as the National and Local Immigrant Support and Integration Centres (CNAI or “one-stop shop” and CLAII, respectively). The Committee further notes the Government’s statement that the Migrant Entrepreneurship Support Office, started in 2009 to promote entrepreneurship among immigrants by providing business start-up training and specialized advice, benefited to 2,087 participants until June 2017, and 141 businesses were established as a result, of which 60 per cent were headed by women. The Committee asks the Government to continue to provide information on the services provided to assist migrant workers and on the manner in which such services address particular concerns and needs of women migrants, as well as on any obstacles encountered.

Article 3 and Annexes I and II. Private employment agencies and measures to prevent misleading propaganda. The Committee previously noted the adoption of Decree-Law No. 260/2009 of 25 September 2009, which regulates the operation and licensing of private and temporary employment agencies, and requested the Government to provide information on its application in practice. It notes the Government’s statement that Act No. 5/2014 of 12 February 2014 amended the above-mentioned Decree-Law, simplifying the legal regime governing the operation and licensing of private and temporary employment agencies. The Government adds that the operation of private employment agencies only requires prior notification to the public employment service but that the Working Conditions Authority (CAT) is empowered to suspend provisionally the activities of any agency that engages in illegal practices. The Committee notes, from the statistical information provided by the Government, including in its report on the application of the Private Employment Agencies Convention, 1997 (No. 181), that the number of infringements by private employment agencies identified by the CAT drastically decreased from 44 in 2010, to 5 in 2015 and 1 in 2016. It further notes the adoption of Law No. 28/2016 of 23 August 2016 on combating the modern forms of forced labour which further amends Decree-Law No. 260/2009 and provides that the user company ceases to be the only party with subsidiary responsibility for an employee’s credits, as a temporary employment agency and its managers, administrators or directors – as well as any companies with which the temporary employment agency or the user company are in a reciprocal shareholding, control or group relationship – are also responsible. In light of the simplification of the legal regime governing the operation and licensing of private employment agencies and of the substantial decrease in the number of infringements by private employment agencies identified by the Working Conditions Authority, the Committee asks the Government to provide information on the measures taken to ensure adequate protection for migrant workers recruited or placed in its territory by private employment agencies in order to prevent misleading propaganda. It further asks the Government to provide information on the number and nature of violations of the provisions of Decree-Law No. 260/2009 detected by the Working Conditions Authority, as well as on the number of cases where private employment agencies were sanctioned by a temporary prohibition of activity while specifying the reasons on which such sanction was based. The Committee asks the Government to provide information on any assessment made of the supervision of the private employment agencies by the Working Conditions Authority, as well as on the reasons of the important decrease in the number of infringements recorded.

Article 6. Equality of treatment. The Committee previously noted the concerns expressed by the CGTP-IN regarding Act No. 23/2007 which establishes different categories of migrant workers that could create certain differences of treatment among them, and noted the Government’s indication that Act No. 29/2012 of 9 August 2012, amending Act No. 23/2007, establishes the legal framework for the entry, residence, departure and expulsion of foreign nationals and contains provisions on equal treatment with respect to remuneration, freedom of association, vocational training and social security. The Committee notes the CGTP-IN’s indications that further amendments were adopted regarding Act No. 23/2007, namely Acts Nos 56/2015 and 63/2015, of 23 and 30 June 2015, respectively. The CGTP-IN reiterates its concerns concerning the establishment of different categories of migrant workers that could create difference of treatment and ultimately force unskilled workers to remain in irregular situations. The Committee notes the Government’s indication that “European Union (EU) Blue Cards” for highly qualified nationals from countries outside the EU (“third country nationals”) were granted to five persons. The Government states that section 7 of the Social Security System Act (No. 4/2007 of 16 January 2007) establishes the principle of equal treatment with regard to payment of contributions to the social security and access of benefits of citizens and migrant workers, including third-country nationals. It adds that protection against discrimination on the ground of race is ensured by the legislation (article 13 of the Constitution) and law enforcement authorities (CAT, Office of the High Commissioner for Migration, and Committee for Equality and Against Racial Discrimination), as well as through the corresponding penal and administrative sanctions. The Committee however notes that the UGT, in its observations, highlights that while the national legislation prohibits discrimination against foreign workers in the Labour Code, there is a need for promoting the integration of foreign workers in practice through inclusive policy in order to ensure their access to accommodation, health, education and social protection. The UGT adds that despite the efforts made by the Government, some difficulties persist in practice, in particular to address discrimination at the workplace, as a result of the situation of vulnerability of migrant workers who have a low level of awareness of their rights. The Committee notes that the CGTP-IN, in its observations received on 1 September 2017 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No.111), also highlights that the economic and financial crises and the measures of austerity adopted, combined with increasing unemployment and labour instability, resulted in a higher number of cases of discrimination, in particular towards more vulnerable groups, such as immigrants. The Committee asks the Government to provide information on how it is ensured that, in practice, 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)–(d) of the Convention, in particular remuneration, membership in trade unions, accommodation and social security. It further asks 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.

Article 8. Maintenance of residence in the event of incapacity for work. Referring to its previous comments where it requested clarification concerning the maintenance of residence for the migrant worker and the members of her or his family in the event of incapacity for work, the Committee notes the Government’s indication that section 5(1) of Act No. 98/2009 of 4 September 2009 regulating the compensation of occupational accidents or diseases, puts on an equal footing foreign workers who are employed in Portugal and Portuguese workers, for the purposes of this Act, and that section 5(2) provides that the relatives of such foreign workers shall enjoy the same protection that those of an injured worker’s relatives. The Government adds that migrant workers who suffered an occupational accident or disease are subject to sections 154 to 156 of the Act, which provide for the rehabilitation and rehiring of workers. Thus, foreign workers or their family cannot be expelled if they are unable to work as a result of an occupational accident or disease. The Government again indicates that inability to work is not included under section 134 of Act No. 23/2007 of 4 July 2007 which establishes the grounds for compulsory removal or expulsion from the country of non-nationals, and that pursuant to section 249(2)(d) of the Labour Code the employment contract of foreign workers cannot be terminated in case of illness. The Committee notes that the CIP’s observations support the information provided by the Government. While welcoming the clarification provided by the Government on its national legislative provisions, the Committee asks the Government to indicate how it is ensured that a migrant worker, 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, in the event of incapacity to work of the migrant worker due to illness contracted or injury sustained subsequent to entry, which are not qualified as occupational accident or disease.

Enforcement. The Committee notes the reference made by the Government to the enhanced cooperation implemented between various local and national authorities, in particular in the framework of the Strategic Plan for Migration (2015–2020), including between the National Committee for Equality and Against Racial Discrimination and the National Human Rights Committee, as well as through partnerships with local municipalities and associations in welcoming and integrating immigrants and refugees. The Committee notes, from the statistical information provided by the Government that the number of violations identified concerning the employment of foreign workers by labour inspectors decreased from 123 in 2012 to 86 in 2016. It further notes that the UGT expresses specific concerns about the ineffectiveness of the labour inspectorate or judicial system. The Committee asks the Government to provide information on the measures taken or envisaged to strengthen the labour inspectorate in order to ensure that legislative provisions and regulations are adequately enforced, especially in sectors where migrant workers are mostly represented. It further asks the Government to provide information on the number and nature of cases of unequal treatment dealt with by the labour inspectorate and the courts, or any other competent authority concerning terms and conditions of work of migrant workers, including remuneration, social security, and accommodation as referred to in Article 6(1)(a) and (b) of the Convention.

The Committee further refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

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

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.

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

Article 1(c) of the Convention. Information on general agreements and special arrangements. The Committee notes that an agreement was concluded with Romania in 2005 respecting the temporary residence of Romanian citizens in Portugal for work-related reasons. The Committee asks the Government to provide information on the implementation of this agreement and also on any general agreement or special arrangement that is concluded in future on the subjects covered by the Convention.

Articles 2 and 4. Services to assist migrant workers. Recalling that in light of the increasing feminization of migration and the particularly vulnerable position in which many female migrants may find themselves, information campaigns specifically directed towards women may be appropriate (General Survey of 1999 on migrant workers, paragraph 198), the Committee requests the Government to provide information on the measures taken or envisaged, including by the High Commissioner for Immigration and Ethnic Minorities (ACIME), under Articles 2 and 4 of the Convention, with an indication of the specific measures adopted for women migrant workers.

Article 6. Equality of treatment. The Committee recalls the legislative framework in place to prevent and address discrimination in employment, as well as the mandate of ACIME and the Commission for Equality and Against Racial Discrimination (CICRR) and the inspectorate general to enforce the legislation and to combat discrimination. The Committee requests the Government to provide detailed information on the effect given in practice to the principle of equality of treatment between migrant workers and nationals in relation to the matters raised in Article 6(1)(a) to (d) of the Convention, with an indication of any violations detected or cases handled by ACIME, CICRR and the inspectorate general. Please also provide information on any complaints handled by the courts, including the sanctions imposed and remedies provided.

Equality of treatment. Social security. With respect to its previous comments concerning access of third-country nationals to the National Health Service (SNS), the Committee notes Order of the Ministry of Health No. 25 360/2001 of 12 December 2001 clarifying that foreign citizens residing legally in Portugal are given the same access to health care and medical assistance provided by the SNS institutions as that afforded to the SNS beneficiaries. The Committee also notes that extensive legislation in the area of social security has been adopted since the Government’s last report, in particular: (a) Act No. 4/2007 of 16 January 2007, approving the general foundations of the social security system; (b) Decree-Law No. 41/2006 of 21 February 2006, modifying Decree-Law No. 176/2003 of 2 August 2003, defining and regulating protection in the event of family responsibilities in the context of the family protection subsystem; (c) Decree-Law No. 220/2006 of 3 November 2006, establishing, within the context of the welfare subsystem, a legal framework for payments in the event of the unemployment of an employed worker; and (d) Decree-Law No. 42/2006, of 23 February 2006, modifying Decree-Law No. 283/2003 of 8 November 2003, regulating Act No. 13/2003 of 21 May 2003, which established the social insertion income. Noting that section 7 of Act No. 4/2007 provides that the principle of equality includes the non-discrimination for reasons of sex and nationality, without prejudice to residency requirements and conditions of reciprocity, the Committee asks the Government to indicate to which benefits the requirement of reciprocity applies. Please also specify whether, with respect to third-country nationals, the reciprocity requirement applies to unemployment benefits, benefits provided under the family protection subsystem and the solidarity subsystem (social insertion income).

Article 8. Maintenance of the right to residence in the event of incapacity for work. Recalling that a migrant for employment who has been admitted on a permanent basis to the country and the members of her or his family shall not be returned to their territory of origin or the territory from which they emigrated because the migrant is unable to follow his or her occupation by reason of illness or an accident, the Committee asks the Government to provide information on the application of this point and to indicate whether these migrant workers maintain their right to residence even when they or their families represent a burden on public funds. Please also indicate whether there have been cases of expulsion on grounds of incapacity for work and appeals to the courts, with their outcome.

Annexes I and II. Private recruitment agencies. The Committee notes that, following the ratification in 2002 of the Private Employment Agencies Convention, 1997 (No. 181), the Government is considering amending the current regulations governing private employment agencies with a view to ensuring their conformity with the Convention. The Committee also notes the adoption of Act No. 19/2007 of 22 May 2007 respecting temporary work agencies, section 10 of which envisages specific conditions for the granting of permits to such agencies where they conclude contracts for the use of workers abroad. These conditions include the obligation to ensure medical assistance to workers, provided that they do not benefit from such a service in the country of emigration, and the obligation to ensure the return of workers to their country of origin when their employment contract expires. According to the Government’s report, the labour inspection services detected ten cases of violations of these regulations. With reference to misleading propaganda, the Government indicates that the Consumers’ Institute and its Committee are entrusted with ensuring compliance with the legislation respecting publicity. The Committee asks the Government to provide a copy of the new legislation when it is adopted. The Committee also requests the Government to continue providing information on violations of Act No. 19/2007 as detected by the inspection services and, in particular, the measures adopted in this respect.

Practical information. The Committee requests the Government to continue to provide statistical information disaggregated by sex, country of origin and sector of activity on the number of migrant workers present in Portugal, and on the number of Portuguese workers abroad, where possible.

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

The Committee notes the comments by the Confederation of Trade and Services (CCSO) and the General Union of Workers (UGT) dated 31 July 2007 emphasizing the importance of taking a transversal view of the problem of migration and promoting the integration of migrant workers, by enhancing their rights, and particularly by guaranteeing the right to family reunification.

The Committee notes with interest the comprehensive legislative and policy measures taken since the Government’s last report to further strengthen its migration policy and the protection of the rights of migrant workers. The Committee notes in particular Act No. 23/2007 of 4 July 2007 and its implementing Decree of the same year which establish the legal framework for the entry, residence, departure and expulsion of foreign nationals, and provide for the possibility of granting a one-year residency permit to victims of trafficking. It also notes that new legislation has been adopted laying down the legal framework for combating discrimination on the grounds of race or ethnic origin, and further improving the right of equal treatment between migrant workers lawfully in the country and nationals with respect to social security benefits. In addition, the Committee notes the National Action Plan for Inclusion for the period 2006–08, and the Immigration Integration Plan (PII) intended to promote the integration of immigrants into the country through various measures in the fields of employment, vocational training, housing, social security, the prevention of discrimination and the promotion of gender equality. Finally, the Committee welcomes the establishment of a number of institutions and structures mandated to address migration-related matters and issues concerning migrant workers, such as the High Commissioner for Immigration and Ethnic Minorities (2002) and the Committee to Administer the Framework Programme for Solidarity and Management of Migration Flows (2006). The Committee welcomes these measures and asks the Government to continue to provide information on the policies and legislation aimed at further improving the application of the Convention. The Committee also refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

1. The Committee notes from the Government’s report that those who may benefit from the National Health Service are not only citizens of Portugal but also nationals of European Community countries, stateless persons, political refugees and nationals of other States with whom there is a reciprocal regime. Recalling that under paragraph 1 of Article 6, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would further comment on the situation of third-country nationals who do not belong to the categories abovementioned, particularly in respect of social security. The Committee also would appreciate if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers).

2. In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placement and conditions of labour of migrants. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading propaganda.

3. The Committee asks the Government to continue providing statistics on Portuguese nationals working abroad, and the countries of origin of foreigners employed in Portugal and to communicate the results, if any, of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee takes note of the information supplied in the Government's report. It asks the Government to continue to provide general information on the manner in which the Convention is applied in practice, in accordance with point V of the report form.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied in the Government's report, including the observation of the Confederation of Portuguese Industry (CIP) on the application of the Convention.

It further notes with satisfaction the adoption of Act No. 22/92 of 14 August 1992 repealing the reciprocity requirement, under Act No. 2127 of 3 August 1965, for migrant workers and members of their families in Portugal, to have access to compensation for industrial accidents and occupational diseases.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 6, paragraph 1(b), of the Convention. For many years, the Committee has been drawing the Government's attention to the need to remove the reciprocity requirement from Act No. 2127 of 3 August 1965 on industrial occupational accidents and diseases which is incompatible with Article 6 of the Convention concerning equality of treatment in respect of such benefits to all foreign workers without any condition of reciprocity. In its previous report the Government indicated that this legislation had been tacitly repealed as being incompatible with the Constitution, and stated its readiness to amend the Act to bring it into formal conformity with the Convention. In its last report the Government states that it considers Act No. 2127 as being still in force and in conformity with the Convention. The Government also refers in this connection to resolution No. 642/83 of 1 June 1983 as giving effect to the Convention on this point. However, section 10 of the resolution also contains a reciprocity requirement applicable to foreign workers as regards compensation for industrial accidents and occupational diseases.

Consequently, the Committee once again emphasises that the reciprocity requirement prescribed in these texts is not in conformity with the Convention. It again invites the Government to re-examine its position as regards the need to remove the reciprocity requirement in these two texts, in order to guarantee all foreign workers equality of treatment in respect of compensation for industrial accidents and occupational diseases without any condition of reciprocity.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 6, paragraph 1(b), of the Convention. In earlier replies to the Committee's comments, the Government had indicated its readiness to take measures to bring Act No. 2127 of 3 August 1965 into full conformity with the Convention by removing the reciprocity requirement. The Committee notes, from the information supplied by the Government at the Conference Committee in 1988 concerning the application of Convention No. 19 that Act No. 2127 must be considered as tacitly revoked by virtue of the Constitution of 1976, which provides for equality of treatment for foreign workers and maintains in force the legislation adopted before the entry into force of the Constitution in so far as it is not inconsistent with the Constitution. The Committee therefore hopes that the Government will have no difficulty in formally repealing the inconsistent provisions of Act No. 2127 so as to leave no doubt or uncertainty as regards the applicable law, and that the next report will indicate the steps taken in this regard.