Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report. The Committee also notes the comments of the Confederation of Portuguese Industry (CIP) of 31 May 2006, the Portuguese Confederation of Tourism (CPT) of 7 July 2006 and the General Union of Workers (UGT) of 7 July 2006 on the application of the Convention.

The Committee recalls that in its previous comments it noted that the General Confederation of Portuguese Workers (CGTP) had raised objections to certain provisions in the regulations of the new Labour Code respecting the election of workers’ representatives in the field of occupational safety, health and hygiene which, in its view, were contrary to the right to organize freely. Following an examination of the regulations, the Committee observes that trade unions may promote the election of such representatives.

With regard to the fact that the legislation refers by name to the trade union organizations that are to be members of the Economic and Social Council (CES) and the Permanent Commission for Social Partnership (CPCS), which implies that certain organizations considering themselves to be representative are not included in those bodies, the Committee is addressing these issues in the context of its observation on Convention No. 98.