Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Labour Inspection Convention, 1947 (No. 81) - Portugal (Ratification: 1962)

The Committee notes the Government's report as well as the observations made by the Confederation of Portuguese Industry (CIP).

1. Article 3, paragraph 1(a), of the Convention. Enforcement of legal provisions relating to the employment of children and young persons. In its previous comments the Committee asked the Government to provide information on the development and any intensification of the activities of the labour inspectorate relating to the enforcement of legal provisions respecting the employment of children and young persons, the cases of child labour detected and the penalties imposed. The Committee notes with interest the information provided by the Government in the 1998 Annual Report of the Inspectorate General of Labour (IGT) on child labour and in the preliminary report on the execution of the Plan for the Elimination of Exploitation of Child Labour (PEETI) of February 1999. The Annual Report by the IGT on child labour shows the evolution and impact of labour inspection activities in the field of child labour over a period of ten years during which the minimum age for admission to employment rose from 14 years to 15 in 1992 and to 16 in 1998. IGT's objectives are, among others, to contribute to the eradication of child labour by means of activities directed towards enterprises; to promote adequate conditions of work, particularly as concerns safety, hygiene and health at work; to place the fight against child labour in the framework of the phenomenon of clandestine work and illegal home work. The Committee notes from the Annual Report an intensification of labour inspection visits in the field of child labour control, which resulted in an increase of detected cases of illegal child labour (191 cases in 1998; 167 in 1997). The Committee hopes that the Government will continue to supply information on the activities of the labour inspection in regard to child labour.

2. Article 3, paragraph 1(b), and Article 5. Supply of technical information and advice; collaboration. The Committee notes that the CIP points to a marked improvement in the performance of the labour inspectorate. The CIP considers, however, that the labour inspectorate continues to be fundamentally of a repressive and punitive nature, and that it should strengthen its preventive aspects, particularly in view of the current proliferation of legal standards in the labour sphere. The Committee notes the Government's indication that all departments and branches of the IGT include an information service providing information and dealing with complaints; that inspectors may be accompanied on inspection visits by experts from employers' associations or trade unions, duly accredited by the IGT. The Government also indicates that the Institute for the Improvement and Inspection of Working Conditions (IDICT) has been carrying out sectoral campaigns on the prevention of occupational risks in civil engineering, agriculture and the textile industry, promoted and directed by the IDICT in collaboration with the social partners in the sectors concerned. The Committee requests the Government to continue to supply information on all developments in this regard.

3. Articles 20 and 21. Annual reports. The Committee requests the Government to provide on a regular basis the Annual Labour Inspection Report as required under Article 20, containing the information on the subjects listed in Article 21.

The Committee is addressing a request concerning the application of Articles 10, 11, 14 and 16 of the Convention directly to the Government.