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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Portugal (Ratification: 1977)

The Committee notes the Government’s report and the comments by the General Union of Workers.

The Committee recalls that its previous comments referred to:

-  section 8(2) and (3) of Legislative Decree No. 215/B/75, which requires 10 per cent, or 2,000 of the workers concerned, in order to establish a trade union and one-third of the trade unions in a region or category in order to establish a federation; and

-  section 7(2) and (3) of Legislative Decree No. 215/C/75, which requires one-quarter of the employers concerned and up to 20 individuals in order to establish an employers’ organization, and a minimum of 30 per cent of employers’ associations, in order to establish a group or federation.

The Committee notes with interest the information sent by the Government to the effect that the preliminary draft of the Labour Code prepared by the Government and submitted to the social partners in July 2002 establishes no minimum numbers of workers or employers for the formation of workers’ organizations or employers’ associations. The Committee hopes that the above bill will be adopted in the near future and requests the Government to send a copy of the new Labour Code once it has been enacted.

The Committee also notes with interest the adoption of the following laws:

-  Act No. 81/2001 on check-off (trade union dues deducted from workers’ wages and transferred to the union);

-  Basic Act No. 3/2001 on the right of military personnel to form and join occupational associations; and

-  Act No. 2002 regulating the exercise of the right of association, and the right to collective bargaining and participation of police personnel.

The Committee notes in this connection the comments by the General Union of Workers stating that police personnel are prohibited from exercising the right to strike. The Committee recalls that, under Article 9 of the Convention, the extent to which the guarantees established in the Convention shall apply to the armed forces and the police, shall be determined by national laws or regulations. As such, States can decide that certain rights within the substantive scope of the Convention, and in particular the right to strike, will not apply to these two categories of workers.