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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

1. The Committee notes with interest the Government's detailed report and attached documentation, including legislative texts, the Global Plan for Equal Opportunities and the National Employment Plan. It also notes the comments made by the Confederation of Portuguese Industry (CIP).

2. The Committee notes with interest information supplied concerning progress made with regard to the situation of women in the Portuguese labour market, particularly the increased participation of women in the labour market since 1995. The Committee further notes with interest the information supplied by the Government on the supervisory duties performed by the Commission for Equality in Employment and Occupation (CITE). The report indicates that, during the relevant period, the CITE received 100 complaints, mostly related to the dismissal of pregnant, post-natal or nursing mothers or violations of the laws protecting maternity and paternity rights. The government report indicates that discrimination related to maternity is the form of discrimination most frequently faced by women in the Portuguese labour market. The Committee notes that, of the 37 opinions approved and published by the CITE during the reporting period, 32 dealt with gender-based discrimination, specifically dismissals or wage discrimination related to maternity. In this connection, the Committee notes with interest the enactment of Act No. 18/98 of 12 April 1998, which extended maternity leave and childcare leave benefits. The Committee also notes with interest the information in the report concerning the social dialogue on equality and the CITE's activities in publishing and disseminating information intended to raise awareness of discrimination and promote equal opportunities and treatment between men and women in the labour market, including access to employment and vocational training. The Committee would be grateful if the Government would continue to keep it informed on the activities of the CITE to promote the elimination of discrimination on all the grounds set forth in Article 1(1)(a) of the Convention.

3. With reference to the CIP's comments regarding the need to expressly repeal the legal provisions restricting night work for women, the Committee notes the Government's explanation that section 31 of Legislative Decree No. 409/71, which prohibited women from engaging in night work in industrial establishments, has been tacitly repealed pursuant to section 7(2) of the Portuguese Civil Code. The Government indicates that the new legislation regulating night work, Act No. 73/98 and Legislative Decree No. 96/99, do not prohibit women from engaging in night work. The Committee notes from the Government's report that the only restrictions on the amount of night work women may perform are those designed to ensure maternity protection (see sections 17 and 19 of Act No. 4/84 of 5 April 1984, as amended by Acts No. 17/95 of 9 June 1995, No. 102/97 of 13 September 1997, No. 18/98 of 28 April 1998 and No. 142/99 of 31 August 1999). Moreover, the Government indicates that the restrictions contained in the legislation cited are in accordance with Article 7 of the Night Work Convention, 1990 (No. 171). While the Committee notes the Government's statements in this regard, in light of the CIP's expressed concerns, the Committee nevertheless requests the Government to indicate whether it contemplates the explicit repeal of the prohibition set forth in section 31 of Legislative Decree No. 409/71.

4. The Committee notes with interest the adoption of Act No. 134/99 of 28 August 1999 prohibiting discrimination on the basis of race, colour, nationality or ethnic origin in, inter alia, employment and training.

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