Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Portugal

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1962)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1983)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP) received with the Government’s report.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. The Committee notes that the Government reiterates, in its report in response to its previous request concerning additional duties entrusted to labour inspectors, that labour inspectors are not assigned any duties that are not related to their supervisory, sanctioning and advisory activities. The Government states that administrative tasks are not estimated to account for more than 20 per cent of the working time of inspectors. The Committee also takes note that, with the aim of improving the efficiency of the processes of the Working Conditions Authority (ACT), a project to renew its information system is in progress, and should be operational by mid-2020. In this regard, the Committee takes note that the General Worker’s union (UGT) states that labour inspectors should focus on inspection activities and should no longer be required to carry out ancillary tasks due to the absence of adequate staff. The Committee notes that the Government indicates in this regard that a set of digitalization measures are envisaged in order to simply the inspection procedures for labour inspectors. The Committee also notes that a 2018 tripartite agreement includes measures to strengthen the information systems of the ACT. The Government indicates that this already includes use of the data contained in the Social Security Information System and in the Strategy and Planning Office of the Ministry of Labour, Solidarity and Social Security, and that steps are being taken to enable the ACT to access data contained in the information system of the Tax and Customs Authority. The Committee requests the Government to continue to provide information on the measures taken or envisaged to reduce the proportion of time spent by labour inspectors on administrative duties. In this respect, it requests the Government to provide information on the impact of the new information system in reducing the time spent on administrative tasks by labour inspectors.

Articles 3(1)(a) and (b) and (2) of Convention No. 81 and Articles 6(1)(a) and (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in response to its previous request concerning the enforcement of outstanding labour rights of undocumented migrant workers that the data on undeclared work is not disaggregated between migrant and non-migrant workers. In this regard, the Government indicates that there are no separate inspection procedures for migrant workers, who are therefore covered under the same terms as non-foreign workers. In this regard, the Committee notes the data provided by the Government on the overall number of undeclared workers detected and the number of regularized workers (1,077 undeclared workers detected in 2017 and 532 regularized). It also notes the information in the Annual Report of the ACT of 2017, on inspection action related to vulnerable groups of workers, that 231 inspections related to migrant workers were undertaken in 2017 (compared with 347 visits in 2016 and 532 visits in 2015). The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to regularizing undeclared workers. It also requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers that were detected in the course of inspections (including undocumented migrant workers) but not subsequently registered, including any specific instances in which the inspectorate undertook to assert the rights of unregistered workers to redress labour law violations and the results achieved.

Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 22(1) and 24 of Convention No. 129. Enforcement and advisory activities. The Committee notes the information of the Government on the advisory activities carried out by the ACT, including face-to-face and telephone assistance to workers and employers, seminars, trainings and electronic publications. It also notes the information provided concerning the enforcement activities of the ACT, including the issuance of 6,863 warnings, 23,029 compliance notices, and 8,665 violations for which penalties imposed (amounting to €17,272,018) in 2017, compared with 3,585 warnings, 18,609 compliance notices and 10,379 violations for which penalties were imposed (amounting to €15,750,500) in 2016. The Committee notes this information.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In response to its previous request concerning the training for labour inspectors, the Committee notes the Government’s indication that the ACT carries out a continuous training activity for inspectors, based on the needs of the services and the annual planning of activities (including activities on topics agreed with the representatives of workers’ and employers’ organizations). The Committee takes note that 260 labour inspectors attended training activities in 2016 as well as 146 in 2017. The Committee requests the Government to continue to provide information on the training activities for labour inspectors (including information on their frequency, length and content).

Article 11(1)(a) and (b) and (2) of Convention No. 81 and Article 15(1)(a)(b) and (2) of Convention No. 129. Suitably equipped offices and necessary transport facilities. In response to its previous request concerning office facilities and equipment for labour inspectors, the Committee notes the Government’s indication that, with the aim of promoting mobility and improving working conditions, the workplaces of all inspectors are supplied with computing devices such as a laptops and monitors. The Committee also notes the Government’s indication, in response to its request concerning vehicles, that inspectors are provided with vehicles that have their safety status checked, and that users are responsible for reporting any malfunctions. It further notes that the ACT also pays for public transport. The Committee requests the Government to continue to take measures to ensure the availability of the necessary transport facilities and to provide specific information on the number of vehicles in good condition that are available to labour inspectors.

Article 11(2) of Convention No. 81 and Article 15(2) of Convention No. 129. Reimbursement of incidental expenses. In response to its previous request concerning the legislation which governs the reimbursement of expenses incurred in the duties of labour inspectors, the Committee notes the Government’s indication that Decree-Law No. 106/98 provides for per diem subsistence and transport allowances for civil servants when they are employed in public service on national territory. The amount paid by way of per diem subsistence allowance is used to compensate the costs of meals and accommodation, as well as other work activities arising from the inspection service. These expenses are normally paid in the month following the month in which they were incurred, while all other required reimbursements, if justified, are paid as soon as possible. The Committee notes this information.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the autonomous regions of the Azores and Madeira. In response to its previous request concerning the information on the work of the inspection services in the autonomous regions of the Azores and Madeira, the Committee notes the 2016, 2017 and 2018 reports on labour inspection activities in the autonomous regions of the Azores and Madeira communicated by the Government. It notes an absence of information in the labour inspection report of Madeira concerning any inspection activities undertaken with respect to agriculture. The Committee once again requests the Government to continue its efforts to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is published and communicated to the ILO containing information on all the items listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Articles 6(1)(a) and (b) and 21 of Convention No. 129. Labour inspection activities in the agricultural sector. The Committee notes the observations made by the UGT that, despite the efforts made, inspection in the agricultural sector is still insufficient due to the large number of small businesses, many of them family businesses. In this regard, the Committee notes from the information provided in the Government’s annual reports the decrease in: (i) the number of inspections in the agricultural sector (from 945 in 2013 to 620 in 2017); (ii) the number of agricultural undertakings inspected (from 757 in 2013 to 460 in 2017); (iii) the number of workers covered (from 5,968 in 2013 to 3,509 in 2017); and (iv) the number of violations detected in the sector (from 575 in 2013 to 139 in 2017). The Committee requests the Government to provide information on the measures it is taking to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including specific measures aimed at smaller businesses.