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

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.

Articles 1 and 2 of the Convention. Equal pay for men and women and wage transparency. The Committee previously noted the adoption of Law No. 60/2018, which establishes a set of measures intended to contribute to a better implementation of the principle of the Convention. It asked the Government to provide information on any measures taken to raise awareness of the provisions of this new legislation, as well as on its implementation in practice. The Committee notes the Government’s indication that within the context of Law No. 60/2018, a balance sheet of wage differences between men and women, by company, was elaborated in 2019 and made available to all employers in November 2020. Furthermore, a sector-level barometer was recently developed by the Ministry of Labour, Solidarity and Social Security based on information provided every year by companies. This barometer is meant to improve statistics regarding pay disparities by economic activity sector, raise awareness, and promote a wide-ranging debate on equal pay in the society. The Committee welcomes this information. It notes that, in its observations, the CIP indicates that Law No. 60/2018 still gives rise to a series of interpretative doubts, which remains unanswered despite a formal request for clarifications made by three national confederations of employers. The Committee further notes that the CGTP-IN considers that, in practice, Law No. 60/2018 has a limited impact, being only implemented by a few companies. The Committee asks the Government to continue to provide information on the implementation of Law No. 60/2018 of 21 August 2018, in practice, including data on the level of compliance with the statutory implementation of transparent wage policies at the company level, information on sanctions imposed in cases of non-compliance, as well as on any actions taken to address gender wage gaps. It further asks the Government to provide information on the number of: (i) notifications made by the Working Conditions Authority requesting companies to elaborate an evaluation plan on wage disparities within the company and the appropriate corrective measures taken; and (ii) binding opinions compelling employers to eradicate gender pay discrimination practices formulated by the Commission for Equality in Labour and Employment (CITE). The Committee asks the Government to provide information on any measures taken to answer interpretative doubts regarding the provisions of Law No. 60/2018 that may remain among workers, employers and their respective organizations, with a view to ensuring a full understanding and implementation of the legislation.

Article 1(b). Work of equal value. Scope of comparison. The Committee previously noted that section 23(d) of the Labour Code defines “work of equal value” as work for which duties performed at the service of the same employer are equivalent, with respect to the qualifications or experience required, the responsibilities assigned, the physical and mental effort and the conditions under which the work is performed. It recalled that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see 2012 General Survey on the fundamental Conventions, paragraphs 697–698). Noting that the Government did not provide information in that regard, the Committee again asks the Government to provide information on the measures taken or envisaged to ensure that, when assessing the equal value of jobs, comparisons can be made between jobs performed by men and women in different places or enterprises, or for different employers, in order to give full expression to the principle of the Convention. It asks the Government to provide information on the measures taken to raise awareness of labour inspectors, judges, prosecutors, and other relevant officials on the principle of the Convention, in particular concerning the scope of comparison, and to provide a copy of any relevant judicial or administrative decisions.

Article 2(2)(c). Collective agreements. The Committee recalls that section 492(2)(d) and (e) of the Labour Code provide that measures intended to promote gender equality and non-discrimination, together with basic remuneration, are part of mandatory issues to be covered by collective agreements. Section 479 of the Labour Code further provides that the CITE shall review all collective agreements after their publication in order to check whether discriminatory clauses are included, and if so, invite the employer to amend such clause. Referring to its previous comments where it requested the Government to provide information on the number of agreements on remuneration reached through collective bargaining, the Committee notes that the Government merely refers to the adoption of two collective agreements containing general provisions guaranteeing equal remuneration for men and women for equal work or work of equal value. In that regard, the Committee draws the Government’s attention to section 57 of the CAP/SETAAB collective agreement (Labour and Employment Bulletin No. 17/2020), referred to by the Government, which is more restrictive than the principle of the Convention as it provides for “equal pay for equal work, without distinction of … sex.” In light of the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on the measures taken, including in collaboration with the CITE, to raise the awareness of the social partners regarding the principle of the Convention, in order to encourage them to fully reflect it in collective agreements. It asks the Government to continue to provide information on the number of agreements on remuneration reached through collective bargaining, together with a summary of their provisions on wage determination and equal remuneration, as well as on any discriminatory clauses identified by the CITE, pursuant to section 479 of the Labour Code.

Article 3. Objective job evaluation. The Committee refers to its previous comments, where it requested the Government to provide information on the number of job evaluation exercises carried out in the public or private sectors, in particular in the framework of Law No. 60/2018, as well as in enterprises that have reported pay differentials between men and women in accordance with Resolution No. 18/2014. The Committee regrets that no information was provided by the Government in this regard. It recalls that: (1) section 31(5) of the Labour Code provides that job evaluation systems must rely on objective criteria common to men and women, in a way that excludes all forms of sex discrimination; and (2) Law No. 60/2018 imposes a duty for companies to have transparent pay policies based on the application of gender-neutral job evaluations. The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, in both the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention. It again asks the Government to provide information on the number of job evaluation exercises carried out in the public or private sectors, in particular in the framework of Law No. 60/2018, as well as in enterprises that have reported pay differentials between men and women in accordance with Resolution No. 18/2014, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value.

Awareness-raising and enforcement. Referring to its previous comments, the Committee notes that the CITE continued to raise awareness regarding equal pay for men and women, in particular through: (1) the launch of a new national campaign for equal pay “I deserve the same” (“Eu mereço igual”) in June 2019; (2) activities undertaken during the National Equal Pay Day; and (3) two assessment tools available on its website (self-assessment survey and gender pay gap calculator - calculator DSG) to enable companies to analyse pay structure and understand whether the pay differences are gender-based. It notes from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that, from January 2019 to May 2021, 385 complaints were received by the CITE of which only two related to pay inequality. The Committee also notes, from the statistical information provided by the Government, that, from 2017 to 2019, labour inspections were carried out by the Working Conditions Authority (ACT) in 73,973 establishments and 150 infractions concerning equality and non-discrimination were identified, of which only seven related to inequality in conditions of employment. Observing that no specific information is provided on any case of pay inequality identified by labour inspectors, the Committee notes the Government’s statement that no judicial decision was handed down on the issues covered by the Convention. In light of the very low number of complaints and cases concerning inequality of remuneration officially registered despite the persistence of the gender pay gap and gender stereotypes, the Committee asks the Government to provide information on any proactive steps taken, including by the CITE, to raise public awareness of the relevant legislative provisions, the procedures and remedies available. It asks the Government to provide information on the number of pay inequality cases dealt with by the ACT, the CITE, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted.

Observation (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.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee previously noted the persistence of occupational gender segregation and stereotypes that are underlying causes of the gender pay gap and requested the Government to adopt specific measures in order to reduce such gap. Referring to its previous comments regarding indirect discrimination against women with respect to pay bonuses or performance assessment, as a result of their family responsibilities, the Committee notes with satisfaction the adoption of Law No. 90/2019 of 4 September 2019, which introduces a new article 35-A in the Labour Code, prohibiting any form of discrimination based on the exercise by workers of their maternity and paternity rights, in particular regarding the attribution of attendance and productivity bonuses or career progression. It notes the Government’s indication, in its report, that concrete measures have been implemented, in the framework of National Strategy for Equality and Non-Discrimination for 2018–30 (ENIND) and its Action Plan for Equality between Women and Men 2018–2021 (PAIMH), in order to combat the gender pay gap and address vertical and horizontal occupational gender segregation and stereotypes, in particular through the project «Equality Platform and Standard», launched in 2020 and promoted by the Commission for Equality in Labour and Employment (CITE). The Committee notes the Government’s indication that this project aims at designing a platform to monitor the implementation of public policies and compliance with legal instruments, as well as at elaborating the Portuguese Reference Document for an Equal Pay Standard Management System, which will help organizations wishing to implement a process leading to equal pay between women and men. It notes that, in 2019, the Government has become a member of the Equal Pay International Coalition (EPIC), an initiative launched by the ILO and UN Women. The Committee however notes that the CGTP-IN reiterates its concerns regarding the persistence of substantial gender wage differences, in particular in higher positions, despite the existing legal framework. The CGTP-IN adds that, in the public sector, women face difficulties in accessing managerial positions (representing less than 42 per cent of senior managers while they represent 61 per cent of workers in the public sector), which is reflected by lower wages. While women have higher levels of education than men, this positive evolution is not reflected in the level of their wages, as a result of persistent discrimination based on gender stereotypes. The Committee notes that, in reply to CGTP-IN’s observations, the Government refers to the measures introduced by Law No. 60/2018 of 21 August 2018 for the promotion of equal pay for men and women for equal work or work of equal value, as well as the continued decrease of the gender pay gap. In that regard, it notes, from the 2019 CITE report, that, in 2018, the gender pay gap slightly decreased being estimated at 14.4 per cent for the average monthly basic remuneration and 17.8 per cent for the average monthly overall remuneration (compared to 14.8 per cent and 18.2 per cent, respectively, in 2017) but remains wider in higher positions, being estimated at 26.2 per cent for the average monthly basic remuneration and at 27.4 per cent for the average monthly overall remuneration. The Committee observes that, despite a slight diminution, the gender pay gap remains high. It notes that, in its observations, the CIP highlights that wage differences need to be analysed carefully, by taking into consideration several criteria such as the tasks effectively performed, the qualifications and level of education required, gender and age, in order to determine whether such differences can be considered or not as discrimination. The CIP adds that, in its views, the gender pay gap is a cultural and sociological issue, the existing occupational gender segregation being largely rooted in stereotypes regarding the professions and sectors that are considered more appropriate for men or for women, which has an impact on the academic choices of young people and is later reflected in the labour market. In that regard, the Committee notes that, in its 2021 country report on gender equality, the European Commission highlights that the implementation of the national legislation is still weak as the gender pay gap persists, mainly as a result of the traditional stigma attached to the social roles of men and women in public and private life and the unbalanced share of the family and care responsibilities. Such inequality in the reconciliation of professional and family life leads to shorter working time; undervalued work; shorter careers; increased difficulties in promotion and less training for women. All these factors involve or lead to lower pay and to fewer professional opportunities (country report, page 29). In that regard, the Committee refers to its 2021 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156). Welcoming the steps already taken by the Government, the Committee asks the Government to pursue its efforts in order to address the gender pay gap and its underlying causes, such as persistent vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. It asks the Government to provide information on the measures implemented to that end, including in cooperation with the social partners or with EPIC. The Committee asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic sector and occupation, both in the public and private sectors.

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

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, which have all been forwarded by the Government.

Articles 1 and 2 of the Convention. Legislative developments. Equal pay between men and women and wage transparency. The Committee notes with interest the adoption of Law No. 60/2018 of 21 August 2018, for the promotion of equal pay for men and women for equal work or work of equal value, which establishes a set of measures intended to contribute to a better implementation of the principle of the Convention. It notes that these new measures include: (i) a duty for companies to implement a transparent wage policy (section 4); (ii) the collection of national data on the gender pay gap, providing that, every year, the Ministry of Employment and Social Affairs will publish detailed statistical data on the salary gap between men and women, at general and sectoral levels, as well as statistical data by company, profession and qualification level, based on the annual balance sheet provided by the companies (section 3); (iii) the strengthening of the role of the Working Conditions Authority (ACT), which, following the publication of the above-mentioned statistical data, may notify companies to present in a period of 12 months an “evaluation plan on wage disparities within the company” and correct those amounting to discrimination (section 5); and (iv) also strengthening the role of the Commission for Equality in Labour and Employment (CITE), to which workers and union representatives may make requests to provide advice on alleged gender pay discriminatory practices inside a company and in respect of which it may issue binding opinions on situations of potential pay discrimination on the ground of sex, compelling the employer, who may be subjected to a fine, to eradicate such situation (section 6). The Law also provides the dismissal of, or the application of disciplinary measures against a worker within one year of their making such requests to the CITE is presumed unlawful (section 7). The Committee asks the Government to provide information on the practical implementation of Law No. 60/2018 of 21 August 2018, including by providing data on the level of compliance with the statutory implementation of transparent wage policy at the company level, information on sanctions imposed in cases of non-compliance, as well as on any actions taken to address gender wage gaps. It further asks the Government to provide information on the number of: (i) notifications made by the Working Conditions Authority requesting companies to elaborate an evaluation plan on wage disparities within the company and the appropriate corrective measures taken; and (ii) binding opinions compelling employers to eradicate gender pay discrimination practices formulated by the CITE. The Committee asks the Government to provide information on the measures taken to raise awareness of the provisions of Law No. 60/2018 among workers, employers and their representative organizations, as well as among law enforcement officials and competent authorities, any obstacles identified in its implementation, and, if any, the measures taken or envisaged to overcome them.

Work of equal value. Scope of comparison. The Committee recalls that section 23(d) of the Labour Code defines “work of equal value” as work for which duties performed at the service of the same employer are equivalent, with respect to the qualifications or experience required, the responsibilities assigned, the physical and mental effort and the conditions under which the work is performed. It notes that, in the framework of the supervision of the European Social Charter by the European Committee of Social Rights, the Government indicated that it did not seem possible to compare two or more enterprises for wage purposes as the differences in wages could be attributable to the differences in organisation of work, investment, or type of business, which are the key elements determining workers’ remuneration (2014 and 2016 Conclusions on Article 4(3) and 20 of the European Social Charter, documents 2014/def/PRT/4/3/EN and 2016/def/PRT/20/EN). The Committee notes that the UGT expresses further concern at the lack of legal clarity of the definition of the term “work of equal value”. The Committee recalls that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see General Survey on the fundamental Conventions, 2012, paragraphs 697–698). The Committee asks the Government to provide information on the measures taken or envisaged to ensure that, when assessing the equal value of jobs, comparisons can be made between jobs performed by men and women in different places or enterprises, or between different employers, in order to give full expression to the principle of the Convention. It asks the Government to provide information on the measures taken to raise awareness of labour inspectors, judges, prosecutors, and other relevant officials on the principle of the Convention, in particular concerning the scope of comparison, and to provide a copy of any relevant judicial or administrative decision.

Assessing and addressing the gender pay gap. The Committee previously requested the Government to adopt specific measures to reduce the gender pay gap and address its causes, and to ensure that workers are not discriminated against with respect to pay bonuses or in their performance assessment, due to their family responsibilities. The Committee notes that the CGTP-IN and the UGT both reiterate their concerns about the persistence of indirect wage discrimination against women, in particular as regards bonuses which are linked to personal appraisal and are generally higher for higher positions were women are less represented. Furthermore, the lack of period of absence is generally set as a criteria for determining the amount of the bonus, which indirectly discriminates against women who bear more family responsibilities, unpaid care work being estimated at 25 hours and 24 minutes per week for women compared to nine hours and 24 minutes for men. The trade unions add that such indirect wage discrimination against women is reflected by the persistent differences between the gender pay gaps concerning basic remuneration and overall remuneration, which, the Committee notes, stood at 15.8 per cent and 19.1 per cent respectively in 2017, according to a report published by CITE. The Committee notes that, according to Eurostat, the unadjusted gender pay gap decreased from 17.8 per cent in 2015 to 16.3 per cent in 2017. The Committee however notes from the 2017 CITE report, that the gender pay gap remains wider in higher positions despite the fact that women have reached higher levels of education and qualification than men, being estimated at 26.2 per cent for the average monthly basic remuneration and at 27.7 per cent for the average monthly overall remuneration. In that regard, it notes that women represented only 34.3 per cent of workers in high ranking and managerial positions (CITE report, 2017, pages 26, 29, and 33–35). The Committee notes that the CGTP-IN further highlights that more women than men are receiving the minimum wage (28.9 per cent and 18.5 per cent respectively in October 2016) and that, as a result of the gender pay gap, women have lower social benefits, including unemployment and illness benefits, as well as lower pensions. It further notes that the CIP considers that the gender pay gap is linked to cultural stereotypes which should be addressed by ensuring that women can access a greater diversity of career opportunities, including by enhancing girls’ and women’s access to vocational training and technical and scientific occupations, as well as by promoting women’s entrepreneurship. The Committee notes the Government’s indication, in its report, that several legislative and policy measures have been adopted by the Government to promote gender equality and equal pay between men and women. Referring to its above comments on Law No. 60/2018, the Committee takes note in particular of: (i) resolution No. 11-A/2015 of 6 March 2015, which introduces measures to promote gender equality in management and supervisory positions and establishes mechanisms to promote equal pay by identifying and analysing wage differentials between women and men in priority in sectors with higher gaps, with enterprises being requested to implement a strategy to eliminate identified wage differentials; (ii) Ministerial Ordinance 84/2015 of 20 March 2015 which introduces a new incentive for the promotion of gender equality in the labour market by providing financial support for employers who recruit job seekers whose genre is underrepresented in a specific occupation; as well as (iii) the National Strategy for Equality and Non-Discrimination for 2018–30 “Portugal + Igual” (ENIND) which aims, inter alia, at promoting equality between women and men. The Committee further notes that, since 2014, two assessment tools are available on the CITE’s website, namely a self-assessment survey on equal pay between men and women and a gender pay gap calculator (calculator DSG), which enable companies to analyse pay structure and understand whether the pay differences are gender based. It notes, from the 2019 Government’s report under the national level review of implementation of the Beijing Declaration, that in 2018, 860 users logged in 1,004 times to the gender pay gap calculator and 159 did the self-assessment survey. The Committee asks the Government to pursue its efforts to address the gender pay gap and to provide information on the concrete measures implemented, in the framework of the National Strategy for Equality and Non-Discrimination for 2018–30 “Portugal + Igual” (ENIND) or otherwise, to effectively address the gender pay gap and its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. Referring to its 2019 direct request on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156), it asks the Government to indicate the specific measures taken to ensure that workers are not discriminated against with respect to pay bonuses or in their performance assessment, due to their family responsibilities. The Committee further asks the Government to provide information on the number of enterprises in the public and private sectors that have identified or reported the existence of pay differentials and the corrective measures implemented to address them, as well as on any measures taken to ensure that wages set in sectors predominantly employing women are not based on a gender biased undervaluation of the work performed. It asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(c). Collective agreements. The Committee recalls that sections 492(2)(d) and (e) of the Labour Code provides that measures intended to promote gender equality and non-discrimination, together with basic remuneration, are part of mandatory issues to be covered by collective agreements, and section 479 provides that CITE shall review all collective agreements after their publication in order to check whether discriminatory clauses are included, and if so, invite the employer to amend such clause. It further recalls that, pursuant to section 26 of the Labour Code, whenever a collective agreement or internal provision of company regulations restricts a certain type of remuneration to men or to women, these stipulations are automatically applicable to employees of both sexes, provided they perform equal work or work of the same value. Recalling the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on the number of agreements on remuneration reached through collective bargaining, together with a summary of their provisions on wage determination and equal remuneration. The Committee further asks the Government to provide information on the application in practice of sections 26, 479 and 492(2)(d) and (e) of the Labour Code.

Article 3. Objective job evaluation. Referring to its previous comment where it requested the Government to provide information on the number of job evaluation exercises carried out in those public or private enterprises that had reported pay differentials between men and women in accordance with resolution No. 18/2014, the Committee notes the Government’s indication that such information is being assessed. It notes however that the CGTP-IN highlights the lack of implementation of resolution No. 18/2014 concerning the elaboration of report by companies on gender pay equity and proposed measures to overcome it. The Committee notes that Law No. 60/2018 imposes a duty for companies to have transparent pay policies based on the application of gender-neutral job evaluations and enables the ACT, through a specific mechanism, to notify companies to produce a plan assessing pay disparities and to correct those amounting to discrimination. The Committee asks the Government to provide information on the number of job evaluation exercises carried out in the public or private sectors, in particular in the framework of Law No. 60/2018, as well as in enterprises that have reported pay differentials between men and women in accordance with resolution No. 18/2014, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value. It asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, in both the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.

Enforcement. In its previous comments, the Committee requested the Government to continue to provide information on relevant opinions of CITE and the activities carried out by both CITE and the Commission for Citizenship and Gender Equality (CIG) for the promotion of the principle of equal remuneration for work of equal value. It also requested the Government to provide information on the enforcement activities of the labour inspection services relating to the application of the Convention. The Committee notes the Government’s indication that awareness-raising activities on equal remuneration between men and women were continued by CITE, among which the National Equal Pay Day. It notes more particularly, from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that CITE has been working in collaboration with employers from both the private and public sectors in order to implement, monitor and disseminate specific gender equality activities, in particular with regard to tackling the gender pay gap. The Government indicates that from January 2014 to May 2017, 422 complaints were received by CITE of which only three related to pay inequality. The Committee further notes, from the statistical information provided by the Government, that, from 2014 to 2016, labour inspections were carried out in 92,383 establishments and 85 cases of infractions concerning equality and non-discrimination were identified, of which only one related to inequality in conditions of employment. Observing that no specific information is provided on any case of pay inequality identified by labour inspectors, it notes that no judicial decision was handed down on this issue. The Committee notes that the CGTP-IN expresses concern at the lack of monitoring of working conditions and implementation of the legislation by the labour inspectorate, as well as at the lack of sanctions and redress of pay inequity situations. In light of the very low number of complaints and cases concerning inequality of remuneration officially registered, the Committee asks the Government to provide information on any proactive steps taken, including by CITE and CIG, to raise public awareness of the relevant legislative provisions, the procedures and remedies available. It asks the Government to provide information on the number of pay inequality cases detected by or brought before the Working Conditions Authority, CITE, the courts or any other competent authorities, the sanctions imposed and remedies granted.

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

The Committee notes the observations from the General Confederation of Portuguese Workers (CGTP) and from the General Union of Workers (UGT), communicated with the Government’s report which refer to the issues already raised in the comments below.

Articles 1 and 2 of the Convention. Gender pay gap and occupational sex segregation. In its previous comments, the Committee requested the Government to take concrete measures to reduce the remuneration gap between men and women and to provide information on their impact. The Committee notes, in this respect, that the CGTP highlights the limited progress on differentials in the remuneration of men and women workers over recent years and indicates that the existing remuneration differential is due primarily to pay discrimination, occupational sex segregation in the labour market and part-time work. Furthermore, the Committee notes that the CGTP and the UGT indicate that pay bonuses and unilateral performance assessment regimes constitute a factor of discrimination against women workers because any absence, regardless of its cause, is recorded. This may include absences due to maternity leave and to family responsibilities. Concerning the adoption of measures to reduce the gender pay gap, the Committee notes the enactment of Resolution No. 13/2013 of 8 March of the Council of Ministers, establishing measures that promote and guarantee equality between men and women in the labour market, including the elimination of gender pay gaps and labour market segregation. Moreover, Resolution No. 18/2014 of 5 March of the Council of Ministers establishes a set of measures to reduce the gender pay gap, including the obligation for enterprises in the public sector and the recommendation for enterprises in the private sector with more than 25 employees, to draft a report on the remuneration received by women and men in order to identify and prevent unjustified differences in pay and to take measures to address these differentials. The Committee notes that the Government refers in this respect to the adoption of the V National Plan for Gender Equality, Citizenship and Non-Discrimination 2014–17, which includes strategic goals aimed at reducing gender inequalities in remuneration and provides for a periodic assessment of the evolution of remuneration differentials by gender.

The Government further refers to the report on remuneration disparities drafted by the Commission for Equality in Work and Employment (CITE) in 2013, according to which, in 2011 women received an average monthly basic wage that was 18 per cent lower than that received by men, and an average monthly remuneration that was 20.9 per cent lower than that of men. The higher the skill or education level, the greater the differential in favour of men. This was particularly notable in senior positions (72.2 per cent for average basic salary and 71.2 per cent for average remuneration). The gender pay gap was less marked for lower skilled categories, such as trainees and apprentices (5 per cent and 8.2 per cent for average basic wage and total remuneration, respectively). According to the same source, the gender pay gap declined slightly in 2013, to reach 17.9 per cent. The Government further indicates, in this respect, that the gender pay gap was larger in those sectors predominantly employing women and smaller in sectors predominantly employing men. The Committee requests the Government to indicate how it is ensured that workers are not discriminated against with respect to pay bonuses or in their performance assessment, due to their family responsibilities. It also requests the Government to continue to adopt specific measures to reduce the gender pay gap and address its causes, both in senior and lower-skilled positions. The Committee requests the Government, in particular, to take measures to increase the representation of women in middle and higher income levels, as well as in those jobs predominantly occupied by men. The Committee requests the Government to continue to provide information on any developments in this respect including on the implementation of Resolutions Nos 13/2013 and 18/2014 of the Council of Ministers and the number of enterprises in the public and private sectors that have reported the existence of pay differentials and the measures they have taken to address them, as well as on any measures taken to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed as well as on any measures included in the equality plans adopted at the enterprise level.

Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to continue to provide information on the results of the project “Revaluing work to promote equality” as well as the number of enterprises that have adopted the methodological guide in practice and the sectors covered. The Government indicates that a guide to applying job evaluation free from gender bias was produced, and that in 2011 and 2012, studies were published concerning the adaptation of the job evaluation method to different sectors, such as textile, clothing, and leather sectors. The Committee requests the Government to continue to provide information on the measures taken to promote and implement objective job evaluation methods in the private and public sectors, including the sectors concerned, the results achieved and whether this has led to any adjustments in pay. It requests the Government, in particular, to provide information on the number of job evaluation exercises carried out in those public or private enterprises that had reported pay differentials between men and women in accordance with Resolution No. 18/2014.

Austerity measures. In its previous comments, the Committee requested the Government to provide information concerning the impact of the austerity measures adopted to address the economic and financial crisis on equality and non-discrimination policies. The Committee notes that the Government indicates that, even though the gender pay gap has increased, this has been a consistent trend since 2002, and cannot be attributed to austerity policies. The Committee notes, however, that the Committee on the Elimination of Discrimination against Women, in its concluding observations of November 2015, expressed its concern at the detrimental and disproportionate impact on women in many spheres of life caused by the austerity measures, and at the fact that only a few studies and evaluations had been conducted to monitor the gender-specific effects of such measures (CEDAW/C/PRT/CO/8-9, 24 November 2015, paragraph 8). The Committee also notes that the CGTP refers to the wage cuts in the public sector, which employs primarily women (56 per cent), and to wage freezes, which mostly affect women (in 2013, 16.5 per cent of the employees earning the minimum wage were women and 8.7 per cent were men). The Committee requests the Government to indicate if the austerity measures are still in place and, if this is the case, to take measures to ensure that they have no impact 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.

Practical information. In its previous comments, the Committee requested the Government to continue to provide information on relevant opinions of the CITE and the activities carried out by both the CITE and the CIG for the promotion of the principle of equal remuneration for work of equal value. It also requested the Government to provide information on the enforcement activities of the labour inspection services relating to the application of the Convention. The Committee notes that the Government indicates that only four complaints of pay inequality were received during the period 2011–13, by the CITE and that it has not issued any opinions on this matter. The Government also indicates that awareness-raising activities on remuneration equality between men and women were carried out, such as the workshop “Wage Equality between Women and Men – An applied Experience” and information was disseminated in the media, in this regard. The Committee requests the Government to continue to provide information on the opinions issued and the activities carried out by the CITE as well as on any violation detected by the labour inspection services relating to the application of the Convention, including on the remedies provided and sanctions imposed.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

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.

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

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.

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

The Committee notes the Government’s report and the observations of the General Confederation of Portuguese Workers (CGTP) and the General Union of Workers (UGT).

Gender wage gap. The Committee notes that the CGTP’s and the UGT’s submissions refers to the persistence of significant differentials in the remuneration of men and women workers. In particular, the CGTP emphasizes the existence of vertical and horizontal occupational segregation in the Portuguese labour market, resulting in women’s confinement to “lower-paid sectors and less valued categories”. The Committee notes from the statistics provided by the Government in its report that in 2005 the gender wage gap amounted to approximately 22.6 per cent. The Committee also notes that, according to LABORSTA, in 2007, women working in manufacturing earned around
67.83 per cent of men’s earnings (remuneration gap: 32.17 per cent), while they received 77.93 per cent of men’s remuneration in the education sector (22.07 per cent). The Committee notes that the Third National Citizenship and Gender Equality Plan (2007–10) envisages the adoption of measures to address the current job sex segregation and to reduce the gender wage gap, and it also calls for the realization of a study on the issue. The Committee further notes the 2007 Report on the Operational Programme for Employment, Training and Social Development relating to the promotion of equality of opportunity which, however, does not contain information on the impact of this initiative on promoting women’s access to better-paid jobs. The Committee asks the Government to provide information on the measures taken or envisaged under the Third National Citizenship and Gender Equality Plan (2007–10) to reduce the remuneration gap between men and women and the impact of such measures. The Committee also asks the Government to supply information on the findings of the study on remuneration disparities envisaged under the Plan as regards, in particular, the underlying causes of the existing remuneration gap and any measures consequently being considered to address such causes. The Committee would also appreciate receiving information on any initiatives relevant to the promotion of the application of the principle of the Convention carried out by the Commission on the White Paper on Industrial Relations pursuant to its mandate to propose amendments to the current national legal framework with a view to promoting, among other things, gender equality.

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. Recalling its previous comments on the scope of the principle of equal remuneration for work of equal value, the Committee 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. The Committee notes from the Government’s report that the project “Revaluing work to promote equality”, undertaken with ILO assistance, resulted in the preparation of a methodological guide, in collaboration with the social partners, intended to provide companies with assistance in the process of job classification with a view to eliminating gender bias and promoting equal remuneration between men and women. The Committee notes that this guide is aimed at the catering and drinks sector, and could be adapted for other sectors. The Committee asks the Government to continue to provide information on the results of the project. Please also indicate how many enterprises have adopted the methodological guide in practice, and whether the guide has been adapted for and used in any other sectors.

Parts III to V of the report form. The Committee notes the advisory opinions of the Commission for Equality in Work and Employment (CIPE) indicating, among other things, that the period of maternity leave shall not be considered as “absence” when assessing employees’ assiduity at work in the context of the attribution of incentives. The Committee also notes the information regarding labour inspections which, however, do not include any specific reference to violations involving the principle of the Convention. The Committee asks the Government to continue to provide copies of relevant opinions of the CIPE. Noting that under Legislative Decree No. 164/2007, the Commission for Citizenship and Gender Equality (CIG) has taken over the responsibility of promoting equality from the CIPE, it also asks the Government to supply information on any activities carried out by the CIG in respect of 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 the labour inspection services relating to the application of the Convention, as well as on the remedies provided or the sanctions imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the observations of the Confederation of Portuguese Tourism (CTP) and the General Union of Workers (UGT) attached thereto.

1. Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Government states that the concepts of “equal work” and “work of equal value” found in article 32 of Act No. 35/2004 presuppose that the terms of comparison relate to work being performed for the same employer. In its previous comment, the Committee reminded the Government that the meaning of equal remuneration under the Convention applies to work of equal value, even if it is work of a different nature or performed under different conditions for different employers. The Government replies, however, that if wage comparisons were to be made between enterprises, this would suggest that the activities of the enterprises and the differences in productivity between them are irrelevant for determining remuneration. The Committee recalls that the Convention does not require the elimination of differences in wages between enterprises where these are founded on objective criteria and do not discriminate on the basis of sex. However, the purpose of expanding the comparison of jobs more widely beyond individual employers is to be able to identify instances of discrimination in remuneration between men and women, particularly in circumstances where women are concentrated in particular sectors or occupations which are undervalued precisely because the work is being performed by women. The Committee therefore asks the Government to indicate whether any measures are being 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.

2. Wage gap between men and women. The Committee notes from the figures provided by the Government that wage differences between men and women continue to exist in the private sector with women earning 76.4 per cent of what men earn when taking into account the basic wage along with overtime, bonuses and other emoluments. The UGT indicates in its submission that, despite legal improvements with respect to equal remuneration, the statistics clearly show that women continue to be disadvantaged in the labour market and that affirmative action is necessary to correct the existing wage gap between men and women. Referring to the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the labour market continues to be characterized by horizontal as well as vertical segregation where women predominate in traditionally lower paid sectors (for example, services, health and social work, education and hospitality) and job categories requiring lower qualifications. In this respect, the Committee notes the initiative taken under the Operational Programme for Employment, Training and Social Development to address occupational segregation, including support for action to improve the labour market balance between men and women in professions characterized by widespread gender discrimination. Noting that 72 applications were assessed under this initiative, the Committee asks the Government to provide information in its next report on the outcome of this work and its impact on women’s access to better paid jobs. Please also provide information on the results achieved through the evaluation of collective agreements from a gender perspective under the National Employment Plan 2005–08, and how this has contributed to reducing the wage gap between men and women.

3. Article 3. Objective job evaluation. The Committee recalls the project “Revaluing work to promote equality” for the formulation and testing of a job-appraisal method in the catering subsector that is free from gender bias. It understands that, in the context of this project, the first meeting of the tripartite working group was held in Lisbon in March 2006. Noting the Government’s indication that the project is currently in the ACTION 2 stage and that it may later be extended to other sectors, the Committee asks the Government to keep it informed on the progress of this work and to include more detailed information if possible on the job evaluation methodology itself and the other sectors to which the project might be extended.

4. Parts III to V of the report form. The Committee notes the two rulings from the Commission for Equality in Labour and Employment (CITE) and encourages the Government to continue sending information on judicial and administrative decisions along with the number and outcome of complaints received by the CITE relating to the application of the Convention. Please also include specific details about the number and outcome of equal pay cases identified by the labour inspectorate.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Work of equal value. The Committee notes that, under section 32(d) of Act No. 35/2004 of 29 July, issuing regulations under the new Labour Code of 2003, work of equal value refers to a series of tasks, undertaken for the same employer and considered equivalent taking into account qualifications or experience, responsibilities, physical and psychological effort and the conditions under which the work is performed. The Committee recalls that equal remuneration within the meaning of the Convention has to be provided for work of equal value, even if it is of a different nature or performed under different conditions for different employers. This broad basis for comparison is intended to identify discrimination which may result from the existence of occupational categories and jobs that are reserved for women and is intended to eliminate inequality of remuneration in sectors in which women are concentrated, or for jobs that are traditionally considered to be "female", which may be undervalued by reason of sexual stereotyping (see General Survey of 1986 on equal remuneration, paragraphs 19 to 23). The Committee asks the Government to take these comments into account with a view to applying the new provisions in a broader manner, in accordance with the principle set out in the Convention.

2. Objective appraisal of jobs. The Committee notes that, under the terms of section 28(3) of the Labour Code, systems for the appraisal of tasks and functions have to be based on objective criteria common to men and women so as to exclude any discrimination based on sex. The Committee asks the Government to provide information on the methods used to undertake an objective appraisal of jobs on the basis of the work to be performed.

3. The wage gap. The Committee notes the information provided by the Government. It notes in particular the activities carried out by the Committee for Equality in Labour and Employment (CITE) and that a Second National Plan for Equality is being implemented. The Committee asks the Government to provide information indicating whether these measures have contributed to reducing wage differences, taking into account not only the basic wage, but also additional components of wages, as provided for by Article 1(a) of the Convention, under which the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee also notes the comments made by the General Union of Workers (UGT) and the General Confederation of Portuguese Workers (CGTP) attached to the Government’s report. According to the UGT, the most significant progress in this respect relates in particular to the improvement of the legislation, but the wage gap still persists. The UGT reports that Portugal is the country in the European Union with the greatest inequalities. A woman is reported to earn on average 77 per cent of the remuneration of a man, with this proportion falling to 67 per cent for women manual workers. The CGTP also reports a considerable wage gap and expresses the view that only the statutory obligation to introduce affirmative action measures in collective agreements will lead to a reduction in this gap. It also emphasizes that more and more enterprises are adopting a system of bonuses, which penalizes women even more. In practice, it is difficult for women to benefit from these bonuses due to their family obligations. The Committee asks the Government to provide its observations on these comments.

4. The wage gap and the objective appraisal of jobs. The Committee notes with interest that, with a view to combating inequalities between women and men on the labour market, the CITE is currently participating in nine projects under the European Community’s EQUAL initiative, some of which specifically address the issue of equal remuneration. It notes in particular the project "Revaluing work to promote equality", undertaken in the catering subsector, which employs 82,928 persons. Employers’ and workers’ organizations are supporting and participating in the project, the aim of which is to formulate and test a method for the appraisal of jobs based on the evaluation of the work, which could contribute to reducing any disparities between the remuneration of men and women. The ILO is participating in this project by providing technical assistance. The Committee asks the Government to keep it informed of progress in implementing the project and its impact on the sector.

5. The Committee notes with interest the ruling by the Court of Appeal of Porto, of 20 October 2003, which relates to equal remuneration. Please continue providing information on any relevant court decisions and on the activities of the labour inspectorate in the field of equal remuneration.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes from the statistical data provided by the Government in its report, that from 1995 to 1999 the percentage of men working at the highest levels for all sectors of the labour market (5.6 per cent), increased by 1.4 per cent, whilst the percentage of women working at the same level (3.1 per cent), increased by only 1.2 per cent. The Committee observes that even in areas such as the hotel and restaurant sector, where women are the majority of the workforce (84,943), they only hold 951 of the highest level positions whilst men, who are in the minority (54,791), hold 2,163 positions at this level. The Committee notes that in the hotel and restaurant sector, women at the highest level positions earn 21 per cent less than men. It also notes that the male-female remuneration disparity in this and other sectors, continues in the intermediate and lowest level positions. The Committee also notes from the statistical figures provided by the Government, that between 1995 and 1999 the rate of monthly average remuneration for women compared with that of men remained at almost the same percentage (72 per cent in 1995; 73 per cent in 1997; and 73 per cent in 1999). The Committee would appreciate continuing to receive such detailed statistical data, as well as information on the measures taken or envisaged both to increase the participation of women in the higher occupational grades and in economic sectors traditionally occupied by men, and also to reduce the existing male-female remuneration disparity in various sectors of the labour market.

2. The Committee noted in its previous comments, activities carried out by the Observatory of Equal Opportunities for men and women, such as the evaluation of clauses in collective bargaining agreements in fisheries, textile and education sectors from an equality perspective; and by the Committee for Equality in Labour and Employment (CITE). The Committee would be grateful if the Government continued to provide information on the activities undertaken by the Observatory and the CITE, including any follow-up measures in the light of the results of its evaluations performed by the Observatory to date, to promote the application of the principle of the Convention.

3. The Committee also asks the Government to provide information in its next report on the activities of the labour inspectorate in securing the application of the Convention, including information on the number of equal pay inspections conducted, the number of violations found, the action taken and the sanctions imposed. The Committee also asks the Government to provide further information on the training on equality between men and women at work, which has been provided for labour inspectors, including information on training which addressed the principle of equal remuneration for work of equal value.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information provided by the Government in its report. It also notes the comments made by the General Union of Workers (UGT) which were attached to the Government’s report, and which refer to the adoption of legislation on equality of opportunity and treatment which will have an impact on the application of the Convention as well as a trend in the gradual introduction of provisions concerning equality of opportunity in collective agreements. In spite of these developments, the UGT indicates that affirmative measures to give effect to the newly adopted legislation and the equality provisions in agreements are necessary in order to combat the marked disparities in remuneration between men and women.

2. The Committee refers to its 2002 observation on Convention No. 111, where it noted the adoption of several laws to promote gender equality in employment and asked the Government to provide information on the impact of the new laws in improving the labour market situation of women. In this regard, the Committee asks the Government to include in its next report an assessment of the impact of the new legislation, policies, plans and other measures taken to ensure and promote the application to all workers of the principle of equal remuneration for men and women for work of equal value.

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

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

The Committee notes the information, including legislation and statistical data, contained in the Government’s report and attached documentation.

1. The Committee notes with interest the adoption of Act No. 118/99 of 11 August 1999 concerning labour offences, which defines the violation of the principle of equal remuneration as a serious labour offence. It also notes the adoption of Act No. 142/99 of 31 August 1999, Decree-Law No. 70/2000 of 4 May 2000 and Decree-Law No. 77/2000 of 9 May 2000 relevant to the protection of maternity and paternity.

2. The Committee notes from the General Survey of the public service that, as at 1 October 1996, women made up 54 per cent of the labour force in the public administration, and that women also occupied 54 per cent of the posts at the highest levels. It notes the information supplied by the Government showing the trends in wage differentials between men and women between 1997 and 1998. According to the data supplied, the male-female remuneration gap widened in the higher occupational grades, while decreasing for middle managers, supervisors and foremen. The Government’s report reflects the fact that the male-female remuneration differentials have narrowed in a number of sectors, including in the commerce, restaurant, real estate, education and health sectors. The Committee would appreciate continuing to receive such detailed statistical data, as well as information on the measures taken or envisaged to reduce the existing remuneration differentials in the various sectors of the Portuguese economy.

3. With regard to its previous comments on the measures taken to implement the National Employment Plan relevant to sex-based salary discrimination, the Committee notes that a national list of occupations significantly affected by such discrimination has been prepared. It also notes that research will be conducted in collaboration with the social partners regarding the earnings gap. It asks the Government to supply a copy of the list of occupations referenced as well as information on the results of the research conducted. The Committee also notes with interest the activities carried out by the Committee for Equality in Labour and Employment (CITE), including the awarding of equality prizes to companies that exemplify model or innovative practices in the area of equality in employment, or the development and implementation of training programmes and seminars on equality of opportunity and treatment.

4. The Committee notes with interest that the General Labour Inspectorate (IGT) conducted two training activities focussing on equality between men and women in employment. The Committee would be grateful if the Government would continue to provide information on the training programmes developed and implemented and on the enforcement activities undertaken by CITE and the IGT in areas relevant to the Convention.

5. The Committee notes with interest the glossary of terms and the matrix developed by the Observatory of Equal Opportunities for men and women in collective bargaining, with a view to evaluating clauses in collective bargaining agreements from an equality perspective. Noting that the Observatory has evaluated collective bargaining agreements in the fisheries, textile and education sectors, with mixed results, the Committee asks the Government to continue to provide information on the activities undertaken by the Observatory, including any follow-up measures in the light of the results of its evaluations to date, to promote the application of the principle of the Convention in the collective bargaining process.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the detailed information, including legislation and statistical data, contained in the Government's report and attached documentation. The Committee further notes the inclusion of information in the Government's report which it will take up next year in its treatment of Convention No. 111.

1. The Government acknowledges in its report that the salary differentials between men and women are still significant. The data provided indicate that on average, in 1997, women earned 20.4 per cent less than the average salary for men and women nationwide. In contrast, men earned 12.6 per cent more than the nationwide average. The preamble to the National Employment Plan of 13 April 1998 ("NEP") attached to the Government's report indicates that women earn on average 71 per cent of the average salary earned by men and recognizes that women continue to occupy lower-level positions in comparison with men, despite the fact that women workers on average have a higher level of education than their male counterparts. The Government's report also reflects that approximately 63 per cent of the workers receiving the minimum wage in 1997 were women, up from 60 per cent in 1995. The greatest wage disparities were identified in the manufacturing, commerce and restaurants and banking sectors, where women earned 23.4 per cent, 22.5 per cent and 17.9 per cent less than the overall average earnings in those sectors, respectively. The salary differentials remain significant at different occupational levels, with women employed as operatives earning 22.2 per cent below the average wage for their level and sector and senior management/technical staff earning 20.1 per cent below the average wage corresponding to their level and position. These figures represent a slight increase of 0.7 per cent from 1995 in women's percentage of overall average earnings in the country. The Committee thanks the Government for the detailed statistical information provided and asks the Government to continue to supply such data, including detailed information both on the measures to reduce the existing wage gap and any studies which may indicate the factors accounting for women continuing to occupy lower-level positions in comparison with men, despite women's higher levels of education.

2. The Committee notes with interest the enactment of Council of Ministers resolution No. 49/97, approving the Global Plan for Equal Opportunity ("Global Plan") which, inter alia, recognizes that the level of participation of women in the labour market reveals the presence of significant sex-based occupational segregation, including vertical occupational segregation, concentrated in the fields of health and education as well as at the lower and intermediate levels of the organizational hierarchy, where wages are correspondingly lower. The NEP affirms the will of the Government and social partners to eliminate occupational segregation and sex-based salary differentials by, inter alia, promoting vocational training for women, disseminating information on the concept of equal opportunity, promoting the employment of women in occupations where they are underrepresented and awarding prizes to companies with exemplary equal opportunity policies. The Committee requests the Government to provide information on the measures taken to address the issues raised in the Global Plan, to implement the NEP, and the results achieved.

3. The Committee notes that the Global Plan provides for the promotion of equality of opportunity in employment and labour relations, in part by strengthening the mechanisms for enforcing Portugal's equal pay legislation, Decree Laws Nos. 392/79 and 426/88, through the Committee for Equality in Labour and Employment (CITE) and the Labour Inspectorate (IGT), whose staff will receive special training for this purpose. The Government is asked to indicate the nature and extent of the training received and to provide information on the enforcement activities undertaken by CITE and the IGT in areas relevant to the Convention.

4. The Government's report also reflects that the Global Plan creates an Observatory within CITE. The Government indicates that the Observatory is a tripartite organization whose function will entail the analysis and identification of discriminatory clauses in collective bargaining agreements, including clauses that provide for gender-based salary differentials. By sensitizing employer and trade union negotiators to gender issues, the Observatory's goal is to provide incentives for positive action in the negotiation process. The Committee would be grateful if the Government would keep it informed of the Observatory's activities pertinent to the application of the principle of the Convention.

5. The Committee notes that CITE issued 41 opinions during the reporting period, five of which involved findings of wage discrimination against women workers in the context of collective bargaining agreements. The Committee notes that, although the CITE opinions in question were transmitted to the IGT and to the enterprises involved, the situations addressed in the opinions have not yet been corrected. The Government indicates that, apart from the above-referenced cases resulting in CITE opinions, four additional complaints of salary discrimination have been received by CITE, one of which has been corrected. As in its previous comments, the Committee asks the Government to inform it of measures taken to encourage the parties to adhere to the CITE opinions. The Government is also requested to continue to provide information, in future reports, on the number of equal pay complaints brought before CITE, the outcome of those complaints and the opinions rendered, including copies.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the detailed information contained in the Government's report and the extensive documentation and statistical data attached to it in reply to its previous direct request concerning the continuing analyses of collective agreements carried out by the Committee on Equality in Work and Employment (CITE), the CITE's assessment of the impact of its decisions concerning equal pay claims and the application of the principle of the Convention to domestic workers and homeworkers (who, while not excluded from the ambit of the basic legislative text, Legislative Decree No. 392/79, may be covered by regulatory texts amending the general equality provisions so as to take into account the specific characteristics of these workers).

1. The Committee notes from the data in the report, by sector of activity, that the amounts of average earnings are lower for women, with the exception of the construction sector (where the average earnings for women show a positive deviation of +9.7 per cent from the overall average), and that the average base remuneration of women in all sectors over the four years 1990 to 1993, as a percentage of that of men, is as follows: 75.5 per cent, 75.7 per cent, 75.4 per cent and 76.1 per cent. According to the data in the report, a comparison between the average base remuneration and average actual earnings also shows a sex-based wage gap, attributed to the granting to men of supplements above the base remuneration. The most recent data available from the Survey of Earnings (organized by the Statistics Department of the Ministry of Training and Employment) show that, as of April 1995, men earn 135.8 thousand escuderos and women 94.9 thousand escuderos monthly, being, respectively + 12.9 per cent and -21.1 per cent of the overall average earnings. This trend appears at all occupational levels, with higher negative percentages for women who are classified as "operatives" or "senior management/technical staff". The Committee welcomes these detailed statistics, and the message they are giving to the enforcement machinery at the national level to remain vigilant in verifying remuneration levels during labour inspections, and in investigating complaints of wage inequalities. It trusts that the Government will continue supplying such statistics with its reports since this type of data is essential in enabling the Committee to assess how seriously governments are working at promoting equal remuneration between women and men.

2. Following on from the above point, the Committee notes with interest that the Government is acting to strengthen inspection activities in areas where discrimination between men and women is likely to arise (as evidenced by the adoption of Council of Ministers Resolution No.32/94 of 17 May 1994). It also notes with reference to the collective agreement in the cork bark industry (mentioned in earlier direct requests) that, although the clauses it contained discriminating against women workers in the area of wages were immediately declared null and void, and although the Government had referred the CITE's 1993 Opinion in this matter to the signatories of the agreement with a view to them redressing the discrimination, the agreement has not yet been revised. The Committee would accordingly request the Government to inform it of any measures taken to encourage the parties to abide by the CITE's Opinion, even though the Committee understands that, in practice, the discriminatory clauses have no effect whatsoever. The Committee requests, in future reports, information on any other sectoral studies such as the cork bark industry study of the CITE, which throw light on how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the detailed information in the Government's report and the attached documentation.

1. The Committee notes from the Government's report that the difference in remuneration between men and women continues to be approximately 28 per cent, yet it also notes that in construction and public works, and transport and communications, women earn 8.8 per cent and 5.8 per cent more than men due to the women holding posts with higher skill levels. Moreover, it notes the Government's statement that more women are pursuing careers in the legal, military and medical professions which had been traditionally dominated by men. The Committee requests the Government to continue to provide data on the wage gap between men and women including information on any research carried out into the causes of the differentials and on any assistance provided to women to reduce gaps which are identified as based on the sex of the worker.

2. The Committee notes that the Committee on Equality in Work and Employment (CITE), responsible for receiving, analysing and processing complaints of discrimination on the basis of sex, received in 1992, five complaints of wage discrimination and that up to June 1993, two further such cases had been received. The Committee notes that most of the decided complaints show differential treatment for work of equal value without there being any clear grounds for such discrimination against women. It also notes that some of the complaints have been redressed as a result of the CITE issuing an opinion, although further statistical data on the results is not yet available. Noting that an impact-assessment analysis of CITE interventions is under way, the Committee requests the Government to inform it of the conclusions reached.

3. The Committee notes the information regarding the preliminary study conducted by the CITE in the cork bark industry and its findings adopted in Opinion No. 3/93. The study identified discriminatory clauses in the pertinent collective agreement, with occupational categories, wages and job descriptions being discriminatory towards women. The Government reports that the Opinion was transmitted to the signatories to the collective agreement with a view to redressing the discrimination in conformity with section 12 of Legislative Decree No. 392/79. The Committee asks the Government for information on any steps taken by the employers in the cork bark industry to comply with the CITE's recommendation. Please also include information on any other studies conducted on other industries and the results thereof.

4. The Committee notes that the legislative provisions stipulating equal remuneration for women and men for equal work or work of equal value should be based on objective criteria applicable to both sexes (section 9 of Legislative Decree No. 392/79). It also notes that any discriminatory clauses in collective agreements are null and void (section 12), and that a claim may be filed in the labour courts to have such clauses declared illegal. Please provide information on the claims which may have been filed in the labour courts and any relevant decisions, including measures taken or envisaged to apply the legislative provisions for objective methods of evaluation of jobs performed in the private sector.

5. The Committee notes that the CITE analyses all framework collective agreements and recommends to the parties to the agreement and to the Directorate-General of Working Conditions that such discriminatory clauses be excluded in future agreements. It notes further that this analysis may also be initiated at the request of workers. The Committee requests the Government to provide information on any such analyses undertaken by the CITE, including details of any which are conducted at the request of workers.

6. The Committee notes the Government's explanation that domestic workers and homeworkers are not excluded from the ambit of Legislative Decree No. 392/79 and that section 20(1) merely provides that regulatory texts may make amendments to the applicable scheme so as to take into account the specific characteristics of these workers. It also notes that Legislative Decree No. 235/92 of October 1992 establishes the regulatory framework for domestic service contracts and Legislative Decree No. 440/91 of 14 November 1991 regulates homeworkers, and that these two Decrees do not provide for any exception, restriction or specification in the employment contracts of these two sectors of workers. Please provide information on any measures taken or envisaged to ensure that the principle of equal remuneration for work of equal value for men and women is applied in practice to these workers.

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

With reference to its previous direct request, the Committee notes the Government's report and the detailed information attached thereto.

1. The Committee notes the statistics on the wage differential between men and women and the Government's statement that it remains unchanged; in 1990, women's wages on average were approximately 28.4 per cent (monthly) or 23.5 per cent (minimum weekly) lower than men's wages. The Committee notes that, according to the Government, these disparities can be explained, amongst other reasons, by the number of hours worked by women, who are prohibited from engaging in night work which is usually remunerated with an additional bonus of 25 per cent, and by the fact that women hold jobs requiring lower skills and have a high rate of absenteeism owing to their family obligations.

The Committee notes the measures taken by the Government to attempt to reduce if not eliminate the wage differential between men and women workers and in particular to open up to women certain jobs traditionally held by men and to assist women with their family responsibilities. The Committee asks the Government to continue to provide information on developments in this area in its report together with detailed statistical data on the results obtained since these measures have been applied.

2. Further to the comments submitted by the General Confederation of Portuguese Workers (CGTP) concerning the application of the Convention, the Committee notes with interest the information on the activities of the tripartite Committee on Equality in Work and Employment (CITE) whose composition was altered in 1988 when the basic legal text was reviewed, and the Government's efforts to increase the above Committee's human and material resources and improve its efficiency. It notes that in the legal opinions appended to the Government's report the CITE refers, in its conclusions, to discriminatory practices against women by certain enterprises and makes recommendations to improve the situation. According to the Government, these reports by the CITE are produced following complaints and, when adopted unanimously by the CITE, they are published and referred for implementation to the labour inspectorate which may impose fines. The Committee asks the Government to continue to provide detailed information on the measures taken to eliminate infringements of the principle of equal remuneration for men and women set out in the Convention and on the activities of the labour inspectorate in this area, particularly the fines imposed in the 17 cases of discrimination on the ground of sex identified by the General Labour Inspectorate between 1989 and 1991.

3. The Committee also notes the information on the CITE's activities in the area of collective agreements and notes that, according to the Government's report, these agreements contain no provisions which are directly discriminatory, in accordance with section 12 of Legislative Decree No. 392/79 to guarantee equality of opportunity and treatment for men and women in work and employment. The Committee notes that the CITE undertakes studies to identify problems of discrimination against women, which analyse occupational classifications, wages and job descriptions, that the CITE is planning to take action to remedy situations in which women are the object of discrimination and that, so far, its contacts with the social partners when violations of the law have been reported in this area have been positive. It asks the Government to provide a copy of the CITE national study on collective agreements in the cork industry, which was due to be completed in 1992, and copies of any similar studies already completed. It also asks the Government to supply specific information on situations involving discrimination against women that have been remedied as a result of CITE intervention.

4. With regard to the evaluation of jobs, the Committee noted that, according to the CGTP, no measures had been taken to set up a job evaluation system using criteria common to both sexes. The Committee notes from the report that the Government does not know what evaluation methodology is used in the private sector, and again refers to the provisions of Legislative Decree No. 392/79 (section 2(d) and (e) and section 9(2) and (3)) and Legislative Decree No. 426/88 (section 3(d) and (e) and section 6(2) and (3)), which stipulate that equal remuneration for men and women for equal work or work of equal value shall be based on objective criteria common to both sexes for the evaluation of tasks. The Committee recalls that, in its 1986 General Survey on Equal Remuneration, it pointed out in paragraph 138 that equal remuneration for work of equal value "necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed". The Committee therefore asks the Government to indicate the measures taken or contemplated to apply objective methods of evaluation in the private sector, in accordance with the law.

With regard to the public sector, the Committee notes that an objective system of job classification has been established by Legislative Decree No. 248/85 of 15 July 1985. The Committee would be grateful if the Government would provide the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.

5. The Committee recalls that domestic workers and homeworkers are excluded from the scope of Legislative Decree No. 392/79, which guarantees equality of opportunity and treatment for men and women in work and employment, and that no other law provides protection for these workers in respect of equal remuneration for work of equal value. The Committee notes from the Government's last report that, under section 20(1) of the above-mentioned Legislative Decree, these workers are covered by separate legal provisions. The Committee recalls that the Convention applies to "all workers" and therefore covers the two above categories. It asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is applied to these workers and to keep it informed of any developments in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the statistics on the wage differential between men and women submitted by the Government with its 1987 report, which tend to show a reduction in the wage differential in the sectors of food, drinks, tanning, shoes, restaurants and hotels, insurance and communication, and an increase in the wage differential in the transport sector. It also notes the comments by the General Confederation of Portuguese Workers (CGTP) received in 1987, according to which no reduction can be observed in the wage gap between men and women.

The Committee requests the Government to supply with its next report statistical data on developments in the wage differential between male and female workers, and to furnish information on any measures taken to reduce and eliminate that differential, and on the progress made. It notes in this connection the statement in the 1989 report prepared by the Tripartite Committee on Equality in Work and Employment (CITE) that the statistics necessary to indicate these developments are not available, and hopes that the Government will be in a position to furnish them with its next report.

2. The Committee notes the statement in the comments of the CGTP that wage discrimination continues to take place in the processing industries, in particular in the sectors of textile, clothing and leather, food and electronics; that union efforts to renegotiate collective agreements that lie at the root of such discrimination have met with a refusal to negotiate on the part of the employers, and that efforts to involve CITE have had no positive effects. In this respect, the Committee also notes the CGTP's statement that CITE's functioning is hardly adequate. The Committee further notes the copies of legal opinions by CITE that are attached to the Government's 1987 and 1989 reports.

The Committee requests the Government to continue to supply information on the activities of CITE, and in particular on the Commission's activities with regard to analysing collective agreements with a view to eliminating discriminatory provisions. The Committee also requests the Government to supply detailed information on the practical application of section 12 of Decree No. 392/79, which provides that provisions of collective agreements that discriminate with respect to remuneration are null and void, and on the practical application of section 9 of Decree No. 491/85, of 26 November 1988, which provides that employers who maintain in force wage rates on job evaluation systems that imply a discrimination on the ground of sex will be punished with a fine.

3. The Committee, referring to section 22 of Decree 392/79, which provides for its obligatory revision, requests the Government to supply information on any revision that may have taken place, and on any plan that might exist to improve the functioning of the Committee on Equality in Work and Employment.

4. The Committee notes the CGTP's statement that no measures have been taken to establish objective criteria for job appraisals common to both sexes. The Committee refers to section 9 of Decree No. 392/79 and section 6 of Legislative Decree No. 426/88, which provide that job evaluation systems should be based on objective criteria common to both sexes, and requests the Government to supply in its next report detailed information on the measures taken or contemplated to apply objective job evaluation systems to the public sector, and to promote, with the social partners, the use of such systems in the private sector.

5. The Committee notes the CGTP's statement that the TAP airline continues to practice wage discrimination with regard to female cabin personnel. The Committee notes the judgement handed down by the Labour Tribunal of Lisbon, and refers to its direct request made under Convention No. 111.

6. In its previous comments, the Committee asked the Government to state whether measures had been taken or are under consideration to extend the scope of Decree No. 392/79 to domestic workers and homeworkers.

The Committee notes from the Government's 1987 report that domestic work has been regulated by Decree No. 508/80 of 21 October 1980, the text of which was included with the Government's report. The Committee notes that Decree No. 508/80 contains no provision concerning equal remuneration for work of equal value. The Committee also notes that no regulations exist with respect to homeworkers. It requests the Government to keep it informed of any legislative developments intended to extend the principle of equal remuneration to those two categories of workers.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Referring to its previous comments, the Committee notes with satisfaction the adoption of Legislative Decree No. 426/88 of 18 November 1988 on the equality of men and women working in the public administration, section 6 of which guarantees equal remuneration for men and women for equal work or work of equal value, and provides that systems for post classification and job evaluation should be based on objective criteria common to men and women. The Committee requests the Government to supply with its next report information on the measures taken with regard to job evaluation systems, in pursuance of the above-mentioned section 6.

2. The Committee notes the comments submitted by the General Confederation of Portuguese Workers (CGTP) concerning the application of the Convention. The points raised are examined in a request addressed directly to the Government.