Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Portugal (Ratificación : 1959)

1. The Committee notes with interest that a new Labour Code was adopted in 2003. It also notes the adoption of Act No. 35/2004 of 29 July and the Second National Plan for Equality (2003-06), approved by Decision No. 184/2003 of 6 November of the Council of Ministers.

2. The Committee notes in particular that sections 22 to 26 of the Labour Code address equality and non-discrimination, and that sections 27 to 32 concern equality and non-discrimination on grounds of sex. Section 22(1) guarantees all workers the right to equality of opportunity and treatment in access to employment, vocational training and promotion and conditions of work; section 23 prohibits direct or indirect discrimination on grounds of extraction, age, sex, sexual orientation, civil status, family situation, genetic heritage, reduced capacity for work, disability or chronic illness, nationality, ethnic origin, religion, political or ideological convictions and trade union membership. Under the terms of section 23(3), anyone who considers herself or himself to be discriminated against has to designate the worker or workers in relation to whom such discrimination is considered to exist, and it is for the employer to demonstrate that the differences are not due to one of the prohibited grounds of discrimination. It also notes that sections 30 to 40 of Act No. 35/2004 give effect to the provisions referred to therein and contain, among other provisions, a definition of direct and indirect discrimination (section 32), provisions on collective agreements (section 39) and the obligation to keep records disaggregated by sex of job offers, pre-selected candidates and the persons recruited. The Committee notes with interest that this legislation can make an effective contribution to achieving equality in employment and occupation and requests the Government to provide information on its application and impact.

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