Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Portugal (Ratification: 1977)

In its previous direct request, the Committee noted the adoption of Act No. 30 of 20 October 1992 respecting the right to strike, which provides that minimum services may be determined by collective agreement or by agreement with the representatives of the workers. The Committee also notes that the Act provides that in cases in which the parties do not reach an agreement, the determination of these services is made by the Ministry of Employment and Social Security, together with the Minister competent for the sector in question. The Committee considered that it would be preferable, in the event of disagreement between the parties, for minimum services in those public services which are not considered to be essential in the strict sense of the term to be determined by an independent body. The Committee therefore requested the Government to supply information on the effect given in practice to this new provision of the law.

In this respect, the Committee notes the Government's statement that during the period covered by the report it had to intervene on two occasions to determine minimum services when notice was given of strikes and that since a complaint has been made to the Committee on Freedom of Association by the General Union of Workers on the determination of minimum services in the event of a strike (Case No. 1782), it will expand its comments on this subject in that context.