Texts of pending comments

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN) communicated with the Government’s report.

Measures addressing the situation of migrant workers during the COVID-19 pandemic. The Committee notes the Government’s indication, in its report, that a number of measures were adopted to address the situation of foreign workers during the COVID-19 pandemic in particular by: (1) automatically extending the validity of temporary residence permits, and (2) giving temporary residence permits to immigrants with pending applications, thus enabling their access to healthcare, employment, social support benefits and housing (Order No. 3863-B/2020 of 27 March 2020; extended by Order No. 10944/2020 of 8 November 2020; and Order No. 4473-A/2021 of 3 April 2021). The Committee notes that more than 356,000 immigrants benefited from this temporary regularization. It welcomes this information. It however notes that the Ombudsman for Justice received several complaints from immigrants about the implementation of these measures in practice, alleging more particularly difficulties regarding access to health services. The Committee asks the Government to provide information on the implementation and impact over time of the specific temporary measures adopted in the context of the COVID-19 pandemic.

Article 1 of the Convention. Migration flows. The Committee previously noted that, as a result of economic and financial crises, migrations flows had changed with a decrease being observed in employment contracts signed with foreign workers, while the number of nationals emigrating abroad for employment had increased. The Committee notes the Government’s indication that these trends have been reversed over the past years. According to the statistical information provided by the former Foreigners and Borders Service (SEF), in 2019, the number of foreign citizens residing in Portugal rose by 22.9 per cent, in comparison to 2018. In 2019, there were 590,348 documented third-country nationals holding a residence permit (mainly from Brazil, Cabo Verde and United Kingdom), the highest since 1976. Furthermore, 218,892 foreigners were working in the country representing 7 per cent of the total working population in Portugal (compared to 5 per cent in 2017). The Government adds that there is no available information on the number of Portuguese workers abroad, but the number of permanent emigrants decreased from 31,753 in 2017 to 28,219 in 2019 – 87 per cent of whom were in the working age. The Committee asks the Government to provide statistical data, disaggregated by sex and nationality where available, on the employment of migrant workers (European Union citizens and third-country nationals, distinguishing between third-country nationals with temporary, long-term and permanent residency permits) in the various economic sectors. It also asks the Government to continue to provide statistical information on the number of permanent Portuguese emigrants.

Information on national policies, laws and regulations. The Committee previously noted the adoption of the Strategic Plan for Migration for 2015–20 (PEM), as well as the Third National Plan on Preventing and Combating Trafficking in Persons (2014–2017), and requested the Government to provide information on their impact on the application of the Convention. The Committee notes the Government’s statement that, according to the final evaluation report of the PEM, which ended in 2020, its overall execution rate was estimated at 86.9 per cent. The Government adds that, in the framework of the PEM, 22,407 actions were carried out to promote gender equality and combat trafficking in persons, labour exploitation and undeclared work, as well as to disseminate information and raise awareness. The Committee notes the adoption of the National Plan for the Implementation of the Global Compact for Migration (PNIPGM), by Resolution of the Council of Ministers No. 141/2019, of 1 August 2019, with a view to implement the United Nations (UN) Global Compact for Safe, Orderly and Regular Migration (UN resolution, A/73/L.66, 12 December 2018). It notes, more particularly, that the PNIPGM sets 23 objectives articulated around five main dimensions: (1) promoting safe, orderly and regular migration; (2) improving the processes to organize and manage migratory flows; (3) promoting and qualifying migrant reception and integration mechanisms; (4) supporting connections between migrants and their home countries and projects for return; and (5) enhancing development partnerships with countries of origin and transit. Regarding trafficking in persons, the Committee further notes the adoption of the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021 (PACTSH IV), by Resolution of the Council of Ministers No. 80/2018, of 7 June 2018. Referring to its previous comments, the Committee further notes with interest the adoption of: (1) Decree Law No. 101-E/2020 of 7 December 2020 which transposed into national law the Directive (EU) 2018/957, pursuant to which Member States of the European Union shall apply to posted workers the terms and conditions of employment of the host country in a series of matters, including remuneration, maximum work periods and minimum rest periods, minimum paid annual leave, minimum age, health, safety and hygiene at work, and accommodation; as well as (2) Law No. 28/2019, of 29 March 2019, amending the Foreigners Act of 2007, which establishes a presumption of legal entry into the national territory when granting a residence permit for the exercise of professional activity in Portugal. In that regard, the Committee notes that, in its observations, the CGTP-IN considers this legal presumption as a positive development as a result of the simplification of the regularization mechanism for undocumented immigrant workers who are working in the country, although in practice the effective regularization and obtaining of respective residence permits remain extremely problematic, namely due to bureaucratic obstacles and deficiencies in the functioning of the responsible services. Welcoming these new developments, the Committee asks the Government to provide information on the concrete measures implemented to give effect to the provisions of the Convention, including in the framework of the National Plan for the Implementation of the Global Compact for Migration and the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021, as well as on any assessment of their impact. It asks the Government to continue to provide information on national policies, laws and regulations elaborated and implemented to give effect to the provisions of the Convention.

Articles 2 and 4. Services to assist migrant workers. Referring to its previous comments, the Committee notes the Government’s indication that several measures were continued to improve the quality of migration services and disseminate information on the rights and obligations of migrant workers. It notes, more particularly, that the three National Immigrant Support and Integration Centers (CNAIM) and the national network of Local Immigrant Support and Integration Centers (CLAIM) continued to provide free assistance to immigrants on different areas, such as regularization, nationality, family reunification, housing, work, security social, health, education, professional training, entrepreneurship and support for immigrant associations. The Government adds that, as of June 2021, the national network of CLAIM was composed of 119 local offices and, in some regions, this service is provided on a roaming basis, bringing the service to migrant citizens who otherwise do not have access to it, either due to lack of mobility or lack of other resources. The Committee notes, from the statistical information provided by the Government that, between January 2020 and April 2021, the national network of CLAIM provided assistance to 147,132 immigrants. The Committee welcomes this information. It further notes the adoption of the Resolution of the Council of Ministers No. 43/2021 of 15 April 2021 according to which the former SEF is now replaced by the Foreigners and Asylum Office (SEA). It notes the Government’s statement that this change serves to make clearer distinction between assistance to immigrants for administrative migration processes, for which the SEA is now responsible, and the police functions, that are transferred to the security forces, namely the Public Security Police (PSP) and the National Republican Guard (GNR). The Committee asks the Government to continue to provide information on the services provided to assist migrant workers, in particular by the National and Local Immigrant Support and Integration Centers and the newly created Foreigners and Asylum Office, and on the manner in which such services address their particular concerns and needs, as well as on any obstacles encountered.

Adequate and free services and measures to facilitate the migration process. The Committee notes the Government’s indication that measures to encourage the return of emigrants and Portuguese descendants have been continued, including through the implementation of the “Regressar” Programme, approved in March 2019, extending specific support for emigrants and Portuguese descendants and their families, in housing, education, social protection and priority access to active employment and training policies. The Government adds that around 1,400 applications were registered in the framework of this programme, corresponding to more than 3,000 persons. In that regard, the Committee notes that the National Plan for the Implementation of the Global Compact for Migration provides for several measures to encourage the return of emigrants and Portuguese descendants. The Committee asks the Government to provide information on the measures taken to facilitate the migration process and provide free services to Portuguese emigrants and returnees, including through bilateral agreements, in particular in the framework of the National Plan for the Implementation of the Global Compact for Migration.

Article 3 and Annexes I and II. Private employment agencies and measures to prevent misleading propaganda. The Committee previously noted that Law No. 5/2014, of 12 February 2014, amending Decree-Law No. 260/2009, of 25 September 2009, simplified the legal regime governing the operation and licensing of private and temporary employment agencies and requested the Government to provide information on the measures taken to ensure adequate protection for migrant workers recruited or placed in its territory by private employment agencies in order to prevent misleading propaganda. Noting with interest the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29) on 23 December 2020, the Committee regrets the lack of information provided by the Government in that regard. It however notes that: (1) the PNIPGM sets as specific objective to facilitate fair and ethical recruitment and safeguard conditions that ensure decent work, including by strengthening the capacity of labour inspectors within the scope of monitoring mechanisms and prior certification of recruiters, employers and service providers in all sectors, namely by carrying out an assessment of their suitability and legitimacy; and (2) the PACTSH IV foresees, among others, measures to promote a better monitoring of recruitment agencies. The Committee observes, from the statistical information provided by the Government, that the number of infringements by private employment agencies identified by the Working Conditions Authority (ACT) drastically decreased from 44 in 2010 to none in 2019. In light of the dramatic decrease in the number of infringements by private employment agencies identified by the Working Conditions Authority, the Committee asks the Government to provide information on the proactive measures taken, including in the framework of the National Plan for the Implementation of the Global Compact for Migration and the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021, to ensure adequate protection for migrant workers recruited or placed in its territory by private employment agencies in order to prevent misleading propaganda. It further asks the Government to continue providing information on the number and nature of violations, if any, of the provisions of Decree-Law No. 260/2009 detected by the Working Conditions Authority, as well as on the number of cases, if any, identified after 2019 where private employment agencies were sanctioned by a temporary prohibition of activity while specifying the reasons on which such sanction was based. The Committee asks the Government to provide information on any assessment made of the supervision of the private employment agencies by the Working Conditions Authority, as well as on the reasons of the important decrease in the number of infringements recorded.

Article 6. Equality of treatment. The Committee previously noted the concerns expressed by the CGTP-IN and the General Workers’ Union (UGT) regarding migrant workers who were, in practice, still more vulnerable to discrimination. It requested the Government to provide information on how it was ensured that, in practice, no less favourable treatment is applied to migrant workers lawfully within its territory, in particular third-country nationals, regarding remuneration, membership in trade unions, accommodation and social security. The Committee notes that the Government merely refers to Articles 13 and 15 of the Constitution which generally provide for equality of rights between nationals and foreigners staying or residing in the national territory. It however notes that, in its observations, the CGTP-IN reiterates its concerns regarding the fact that, despite several amendments introduced in 2015 in the Foreigners Act No. 23/2007, the provisions of the Act establishes different categories of migrant workers that could create certain differences of treatment among them, and ultimately force unskilled workers to remain in irregular situations. The Committee further notes that, in its 2020 report, the Observatory for Migration highlights that the segmentation of the labour market according to nationality persists, with foreign workers being still over-represented in least attractive jobs, characterized by lower or no qualifications, tougher working conditions and high levels of insecurity (half of them being concentrated in the three lowest occupational groups), while during the same period there was an increase in the number of foreign workers with medium and higher educational levels and a decrease in the number of foreign workers with lower qualifications. In that regard, the Committee refers to its 2021 direct request on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the observations made by the GGTP-IN regarding increasing discrimination faced by migrant workers in employment and occupation. Regarding “European Union (EU) Blue Cards” for highly qualified nationals from countries outside the EU (“third-country nationals”), the Committee notes the Government’s general indication that 15 men and 1 woman have been granted a EU Blue Card, but observes that no information is provided by the Government on the period covered by this statistical data. In light of the persistent vulnerability to discrimination in employment observed against migrant workers, the Committee asks the Government to provide information on the proactive measures taken to ensure that, in practice, no less favourable treatment is applied to migrant workers lawfully within its territory – other than citizens from the European Union, the European Economic Area, Switzerland and Blue Card holders – than that which is applied to its own nationals, in respect of the matters set out in Article 6(1)(a)–(d) of the Convention, in particular remuneration, membership in trade unions, accommodation and social security. It further asks the Government to continue to provide statistical information, disaggregated by sex and nationality and, if possible, by occupation, on the number of “ EU Blue Card” holders, as well as temporary and long-term third-country nationals in Portugal.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee previously noted the clarifications provided by the Government regarding the national provisions applicable to migrant workers and their family in the event of occupational accident or disease, regarding in particular compensation, rehabilitation and rehiring of workers. The Government added that inability to work as a result of an occupational accident or disease is not included in the list of the grounds for compulsory removal or expulsion from the country of non-nationals, provided for in section 134 of the Foreigners Act. The Committee notes the Government’s repeated indication that the national legislation provides for compensation in case of incapacity for work of migrant workers. While noting the Government’s explanations regarding section 249(2)(d) of the Labour Code according to which illness is not a valid reason for termination of employment, the Committee recalls that Article 8 of the Convention addresses the right of permanent migrant workers to maintain their residence permit if, as a result of injury sustained or illness contracted after entry, they are unable to work. The Committee again asks the Government to indicate how it is ensured that migrant workers, who have been admitted on a permanent basis to the country, and their families, who have been authorized to accompany or join them, maintain their right of residence in the event of incapacity for work of the migrant worker due to illness contracted or injury sustained subsequent to entry, and whether this right is maintained even if they find themselves without means of support.

Enforcement. The Committee previously noted that the Strategic Plan for Migration (2015–2020) provided for enhanced cooperation between various national and local authorities, as well as through partnerships with local municipalities and associations, in welcoming and integrating immigrants and refugees. It further noted that specific concerns had been expressed about the ineffectiveness of the labour inspectorate or judicial system and requested the Government to provide information on the measures taken or envisaged to strengthen the labour inspectorate. The Committee notes the lack of information provided by the Government in that regard. It however notes, from the statistical information provided by the Government, that, between 2017 and 2019: (1) the number of labour inspectors decreased from 303 to 292; (2) the number of labour inspection visits decreased from 37,482 to 31,455; while (3) the number of violations concerning the employment of foreign workers identified by the ACT increased from 48 in 2017 to 88 in 2019. The Government adds that, between 2019 and 2021, five judicial decisions were handed down on issues covered by the Convention. The Committee again asks the Government to provide information on the measures taken or envisaged to strengthen the labour inspectorate in order to ensure that legislative provisions and regulations are adequately enforced, especially in sectors where migrant workers are mostly represented. It further asks the Government to provide information on the number and nature of cases of unequal treatment dealt with by the labour inspectorate and the courts, or any other competent authority concerning terms and conditions of work of migrant workers, including remuneration, social security, and accommodation as referred to in Article 6(1)(a) and (b) of the Convention, and the amounts and nature of wages or other benefits received by migrant workers as a result of these cases.

The Committee further refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) communicated with the Government’s report.

Articles 1 and 2 of the Convention. Equal pay for men and women and wage transparency. The Committee previously noted the adoption of Law No. 60/2018, which establishes a set of measures intended to contribute to a better implementation of the principle of the Convention. It asked the Government to provide information on any measures taken to raise awareness of the provisions of this new legislation, as well as on its implementation in practice. The Committee notes the Government’s indication that within the context of Law No. 60/2018, a balance sheet of wage differences between men and women, by company, was elaborated in 2019 and made available to all employers in November 2020. Furthermore, a sector-level barometer was recently developed by the Ministry of Labour, Solidarity and Social Security based on information provided every year by companies. This barometer is meant to improve statistics regarding pay disparities by economic activity sector, raise awareness, and promote a wide-ranging debate on equal pay in the society. The Committee welcomes this information. It notes that, in its observations, the CIP indicates that Law No. 60/2018 still gives rise to a series of interpretative doubts, which remains unanswered despite a formal request for clarifications made by three national confederations of employers. The Committee further notes that the CGTP-IN considers that, in practice, Law No. 60/2018 has a limited impact, being only implemented by a few companies. The Committee asks the Government to continue to provide information on the implementation of Law No. 60/2018 of 21 August 2018, in practice, including data on the level of compliance with the statutory implementation of transparent wage policies at the company level, information on sanctions imposed in cases of non-compliance, as well as on any actions taken to address gender wage gaps. It further asks the Government to provide information on the number of: (i) notifications made by the Working Conditions Authority requesting companies to elaborate an evaluation plan on wage disparities within the company and the appropriate corrective measures taken; and (ii) binding opinions compelling employers to eradicate gender pay discrimination practices formulated by the Commission for Equality in Labour and Employment (CITE). The Committee asks the Government to provide information on any measures taken to answer interpretative doubts regarding the provisions of Law No. 60/2018 that may remain among workers, employers and their respective organizations, with a view to ensuring a full understanding and implementation of the legislation.

Article 1(b). Work of equal value. Scope of comparison. The Committee previously noted that section 23(d) of the Labour Code defines “work of equal value” as work for which duties performed at the service of the same employer are equivalent, with respect to the qualifications or experience required, the responsibilities assigned, the physical and mental effort and the conditions under which the work is performed. It recalled that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see 2012 General Survey on the fundamental Conventions, paragraphs 697–698). Noting that the Government did not provide information in that regard, the Committee again asks the Government to provide information on the measures taken or envisaged to ensure that, when assessing the equal value of jobs, comparisons can be made between jobs performed by men and women in different places or enterprises, or for different employers, in order to give full expression to the principle of the Convention. It asks the Government to provide information on the measures taken to raise awareness of labour inspectors, judges, prosecutors, and other relevant officials on the principle of the Convention, in particular concerning the scope of comparison, and to provide a copy of any relevant judicial or administrative decisions.

Article 2(2)(c). Collective agreements. The Committee recalls that section 492(2)(d) and (e) of the Labour Code provide that measures intended to promote gender equality and non-discrimination, together with basic remuneration, are part of mandatory issues to be covered by collective agreements. Section 479 of the Labour Code further provides that the CITE shall review all collective agreements after their publication in order to check whether discriminatory clauses are included, and if so, invite the employer to amend such clause. Referring to its previous comments where it requested the Government to provide information on the number of agreements on remuneration reached through collective bargaining, the Committee notes that the Government merely refers to the adoption of two collective agreements containing general provisions guaranteeing equal remuneration for men and women for equal work or work of equal value. In that regard, the Committee draws the Government’s attention to section 57 of the CAP/SETAAB collective agreement (Labour and Employment Bulletin No. 17/2020), referred to by the Government, which is more restrictive than the principle of the Convention as it provides for “equal pay for equal work, without distinction of … sex.” In light of the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on the measures taken, including in collaboration with the CITE, to raise the awareness of the social partners regarding the principle of the Convention, in order to encourage them to fully reflect it in collective agreements. It asks the Government to continue to provide information on the number of agreements on remuneration reached through collective bargaining, together with a summary of their provisions on wage determination and equal remuneration, as well as on any discriminatory clauses identified by the CITE, pursuant to section 479 of the Labour Code.

Article 3. Objective job evaluation. The Committee refers to its previous comments, where it requested the Government to provide information on the number of job evaluation exercises carried out in the public or private sectors, in particular in the framework of Law No. 60/2018, as well as in enterprises that have reported pay differentials between men and women in accordance with Resolution No. 18/2014. The Committee regrets that no information was provided by the Government in this regard. It recalls that: (1) section 31(5) of the Labour Code provides that job evaluation systems must rely on objective criteria common to men and women, in a way that excludes all forms of sex discrimination; and (2) Law No. 60/2018 imposes a duty for companies to have transparent pay policies based on the application of gender-neutral job evaluations. The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, in both the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention. It again asks the Government to provide information on the number of job evaluation exercises carried out in the public or private sectors, in particular in the framework of Law No. 60/2018, as well as in enterprises that have reported pay differentials between men and women in accordance with Resolution No. 18/2014, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value.

Awareness-raising and enforcement. Referring to its previous comments, the Committee notes that the CITE continued to raise awareness regarding equal pay for men and women, in particular through: (1) the launch of a new national campaign for equal pay “I deserve the same” (“Eu mereço igual”) in June 2019; (2) activities undertaken during the National Equal Pay Day; and (3) two assessment tools available on its website (self-assessment survey and gender pay gap calculator - calculator DSG) to enable companies to analyse pay structure and understand whether the pay differences are gender-based. It notes from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that, from January 2019 to May 2021, 385 complaints were received by the CITE of which only two related to pay inequality. The Committee also notes, from the statistical information provided by the Government, that, from 2017 to 2019, labour inspections were carried out by the Working Conditions Authority (ACT) in 73,973 establishments and 150 infractions concerning equality and non-discrimination were identified, of which only seven related to inequality in conditions of employment. Observing that no specific information is provided on any case of pay inequality identified by labour inspectors, the Committee notes the Government’s statement that no judicial decision was handed down on the issues covered by the Convention. In light of the very low number of complaints and cases concerning inequality of remuneration officially registered despite the persistence of the gender pay gap and gender stereotypes, the Committee asks the Government to provide information on any proactive steps taken, including by the CITE, to raise public awareness of the relevant legislative provisions, the procedures and remedies available. It asks the Government to provide information on the number of pay inequality cases dealt with by the ACT, the CITE, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted.

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN) communicated with the Government’s report.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee previously noted the persistence of occupational gender segregation and stereotypes that are underlying causes of the gender pay gap and requested the Government to adopt specific measures in order to reduce such gap. Referring to its previous comments regarding indirect discrimination against women with respect to pay bonuses or performance assessment, as a result of their family responsibilities, the Committee notes with satisfaction the adoption of Law No. 90/2019 of 4 September 2019, which introduces a new article 35-A in the Labour Code, prohibiting any form of discrimination based on the exercise by workers of their maternity and paternity rights, in particular regarding the attribution of attendance and productivity bonuses or career progression. It notes the Government’s indication, in its report, that concrete measures have been implemented, in the framework of National Strategy for Equality and Non-Discrimination for 2018–30 (ENIND) and its Action Plan for Equality between Women and Men 2018–2021 (PAIMH), in order to combat the gender pay gap and address vertical and horizontal occupational gender segregation and stereotypes, in particular through the project «Equality Platform and Standard», launched in 2020 and promoted by the Commission for Equality in Labour and Employment (CITE). The Committee notes the Government’s indication that this project aims at designing a platform to monitor the implementation of public policies and compliance with legal instruments, as well as at elaborating the Portuguese Reference Document for an Equal Pay Standard Management System, which will help organizations wishing to implement a process leading to equal pay between women and men. It notes that, in 2019, the Government has become a member of the Equal Pay International Coalition (EPIC), an initiative launched by the ILO and UN Women. The Committee however notes that the CGTP-IN reiterates its concerns regarding the persistence of substantial gender wage differences, in particular in higher positions, despite the existing legal framework. The CGTP-IN adds that, in the public sector, women face difficulties in accessing managerial positions (representing less than 42 per cent of senior managers while they represent 61 per cent of workers in the public sector), which is reflected by lower wages. While women have higher levels of education than men, this positive evolution is not reflected in the level of their wages, as a result of persistent discrimination based on gender stereotypes. The Committee notes that, in reply to CGTP-IN’s observations, the Government refers to the measures introduced by Law No. 60/2018 of 21 August 2018 for the promotion of equal pay for men and women for equal work or work of equal value, as well as the continued decrease of the gender pay gap. In that regard, it notes, from the 2019 CITE report, that, in 2018, the gender pay gap slightly decreased being estimated at 14.4 per cent for the average monthly basic remuneration and 17.8 per cent for the average monthly overall remuneration (compared to 14.8 per cent and 18.2 per cent, respectively, in 2017) but remains wider in higher positions, being estimated at 26.2 per cent for the average monthly basic remuneration and at 27.4 per cent for the average monthly overall remuneration. The Committee observes that, despite a slight diminution, the gender pay gap remains high. It notes that, in its observations, the CIP highlights that wage differences need to be analysed carefully, by taking into consideration several criteria such as the tasks effectively performed, the qualifications and level of education required, gender and age, in order to determine whether such differences can be considered or not as discrimination. The CIP adds that, in its views, the gender pay gap is a cultural and sociological issue, the existing occupational gender segregation being largely rooted in stereotypes regarding the professions and sectors that are considered more appropriate for men or for women, which has an impact on the academic choices of young people and is later reflected in the labour market. In that regard, the Committee notes that, in its 2021 country report on gender equality, the European Commission highlights that the implementation of the national legislation is still weak as the gender pay gap persists, mainly as a result of the traditional stigma attached to the social roles of men and women in public and private life and the unbalanced share of the family and care responsibilities. Such inequality in the reconciliation of professional and family life leads to shorter working time; undervalued work; shorter careers; increased difficulties in promotion and less training for women. All these factors involve or lead to lower pay and to fewer professional opportunities (country report, page 29). In that regard, the Committee refers to its 2021 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156). Welcoming the steps already taken by the Government, the Committee asks the Government to pursue its efforts in order to address the gender pay gap and its underlying causes, such as persistent vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. It asks the Government to provide information on the measures implemented to that end, including in cooperation with the social partners or with EPIC. The Committee asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic sector and occupation, both in the public and private sectors.

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

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) communicated with the Government’s report.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Discrimination based on sex. The Committee previously noted that: (1) section 24(1) of the Labour Code, as amended in 2015, includes “gender identity” as a prohibited ground of discrimination; and (2) Law No. 38/2018 of 7 August 2018, establishes a general prohibition of direct or indirect discrimination on the grounds of gender identity, gender characteristics and gender expression. It further noted the adoption of the Action Plan to combat discrimination linked to sexual orientation and gender identity and expression for 2018–21 (PAIOEC). The Committee notes the Government’s general statement, in its report, that activities were undertaken for companies to raise awareness of and combat discrimination based on sexual orientation, gender identity or expression and gender characteristics. It observes that no specific information is provided on any case of discrimination based on gender identity, gender characteristics or gender expression. Noting that the Action Plan to combat discrimination linked to sexual orientation and gender identity and expression ended in 2021, the Committee asks the Government to provide information on any assessment made of its implementation and the results achieved, as well as on any new action plan elaborated. It further asks the Government to provide information on the number, nature and outcome of any cases or complaints of discrimination on the grounds of gender identity, gender characteristics and gender expression in employment and occupation dealt with by the labour inspectorate, the courts or any other competent authorities.

Sexual harassment. The Committee previously noted: (1) the adoption of Law No. 73/2017 of 16 August 2017, which introduces an obligation on companies with more than seven employees to adopt a code of conduct on harassment, including sexual harassment, in the workplace and start a disciplinary process when an alleged situation of harassment in the company is reported; and (2) the publication by the Commission for Equality in Labour and Employment (CITE) of a Guide for the elaboration of a code of conduct for the prevention and combat of harassment at work. Noting that no information was provided by the Government regarding the number of codes of conduct on harassment in the workplace adopted by companies and their impact, the Committee notes the Government’s indication that several institutions, such as the CITE and the Working Conditions Authority (ACT), have elaborated a set of technical tools on sexual harassment at the workplace, the majority of which are available online. These resources provide information on the provisions of Law No. 73/2017, as well as on the procedures and resources available for victims of harassment. In that regard, the Government adds that victims of harassment can benefit from free legal and psychological assistance from the CITE and make online complaints through the CITE, ACT or General Inspectorate of Justice Services (IGSJ) websites, thus ensuring privacy and confidentiality of the information provided. The Committee welcomes this information. It notes, from the statistical information provided by the Government, that the number of cases of ACT decreased from 24 cases in 2017 to 14 cases of harassment in 2019, while, from January 2019 to May 2021, no complaint on sexual harassment was received by CITE. The Committee further observes, from the information forwarded by the Government, that from June 2017 to May 2021, the Finance General Inspection (IGF) registered 62 cases of sexual harassment at work in the public sector. In light of the low level of reporting of cases of sexual harassment, particularly in the private sector, the Committee asks the Government to continue to provide information on the measures adopted to raise awareness among employers and workers and their organizations on sexual harassment in employment and occupation, as well as on the procedures available to victims of sexual harassment. In that regard, it asks the Government to continue to provide information on the number of cases of sexual harassment at work identified both in the public and private sectors, the sanctions imposed and remedies granted. The Committee again asks the Government to provide information on the number of codes of conduct on harassment in the workplace adopted by companies, as a result of the obligation provided for into Law No. 73/2017, as well as on any assessment made regarding the implementation of the legislation.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee previously noted that, while section 24(1) of the Labour Code prohibits discrimination on the ground of disability, concern was expressed about discrimination and inequality in employment, as well as regarding the working conditions of persons with disability, mainly employed in occupational activity centres. The Committee notes with interest : (1) the adoption of the National Strategy for the Inclusion of People with Disabilities for 2021-25 (ENIPD), through Resolution of the Council of Ministers No. 119/2021 of 31 August 2021, which sets specific actions in the areas of education and qualification, as well as work, employment and professional training of persons with disabilities; and (2) the adoption of Law No. 4/2019 of 10 January 2019, regulating the system of employment quotas for people with disabilities with a degree of incapacity equal to or greater than 60 per cent in private companies. The system of employment quotas provides that medium-sized companies with more than 75 employees must employ at least 1 per cent of persons with disabilities, while large enterprises with more than 250 employees are required to employ at least 2 per cent. Such quotas shall be complied with by 2024 at the latest and enterprises who do not meet their quota obligation will be subject to a fine. The Committee observes that, according to the data from the Organisation for Economic Co-operation and Development (OECD), in 2017, 98 per cent of enterprises in Portugal were micro and small enterprises, which are thus excluded from the scope of application of Law No. 4/2019. The Committee welcomes the Government’s indication regarding the establishment of the “Inclusive Employer Entity Award” (Marca Entidade Empregadora Inclusiva) in order to publicly recognize open and inclusive management practices developed by employers in relation to people with disabilities. It also notes that, in its 2021 Country Report on Non-Discrimination in Portugal, the European Commission highlights that, in 2019, the National Institute for Rehabilitation (INR) registered 1,274 complaints for discrimination on the ground of disability, which represents a 30 per cent increase compared with 2019 (p. 14). The Committee further notes that, in its 2020 report, the Disability and Human Rights Observatory (ODDH) highlights that while unemployment among people with disabilities has slowed down since 2016, in the first half of 2020 there was a growth of 10 per cent compared to 2019, thus clearly showing the negative impacts of the COVID-19 pandemic on the employment of persons with disabilities. The ODDH adds that available data show that in 2018, only 0.55 per cent of persons employed in the private sector were persons with disabilities, while they represented 2.56 per cent of the total number of employees in the public sector (pp. 30, 34 and 36). The Committee asks the Government to continue to provide information on the concrete measures implemented, in particular in the framework of the National Strategy for the Inclusion of People with Disabilities for 2021-25, to prevent and address discrimination against persons with disabilities in all aspects of employment and occupation, in particular in the context of the COVID-19 pandemic, and on the results achieved. It also asks the Government to provide updated information on the employment rates of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market), both in the public and private sectors.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee previously noted the range of legislative and policy measures adopted by the Government to improve access for women to employment and to better reconcile work and family responsibilities. The Committee welcomes the Government’s statement that several measures have been implemented to promote equality of opportunity and treatment in law and in practice and results were achieved, in the framework of the National Strategy for Equality and Non Discrimination for 2018–2030 (ENIND) and its Action Plan for Equality for Women and Men 2018-2021 (PAIMH). The Government refers to several awareness-raising activities undertaken, in collaboration with the CITE, to combat gender stereotypes and horizontal occupational segregation, for example in the security forces, as well as vertical segregation, including through the implementation, since July 2019, of the Programme “Gender equality opportunities in senior management” aimed at promoting the access of women to top management positions, in collaboration with the CIP. The Government indicates that, in 2020, women represented 61.9 per cent of the total number of persons who benefited from employment support measures. It however states that women continue to suffer from structural disadvantages, more particularly as a result of the unbalanced distribution of unpaid care work that hinder their full participation in the labour market, in particular in sectors with more social and economic value. The Committee notes the Government’s indication that more actions are needed to deconstruct gender stereotypes and attract more women in sectors where they are under-represented such as in engineering and technology. In that regard, the Committee notes that, in their observations, both the CIP and the CGTP-IN highlight that, despite the adoption of a substantive number of legislative instruments that guarantee gender equality, discrimination between men and women persists in practice, in terms of access to certain positions and professions, in particular decision-making positions. The CIP considers that it is necessary to combat gender stereotypes and cultural barriers in order to ensure men’s and women’s access to a greater diversity of careers, including through efforts aimed at enhancing women’s participation in technical and scientific education and vocational training, as well as women entrepreneurship, as a complementary way to increase the number of women in decision-making positions. The CIP highlights the important role that should be played by companies in that regard, indicating that if their objective is to be more competitive, they need to rely on best available competences in terms of human resources, whether they are women or men. The CIP adds that promoting equality is not just a matter of ethics, or politically and legally enforceable goals, but also generates competitive advantages, enabling employees to contribute decisively to the full realization of the companies' potential. The Committee notes that, according to the 2019 annual report of the CITE, the difference between men and women employment rates remained high at 9.8 percentage points in 2018 and 2019 (60.7 per cent and 50.9 per cent, respectively). It further notes the persistence of occupational gender segregation of the labour market with women being still highly concentrated in human health and social support activities (83.7 per cent of women), education (77.2 per cent of women) and hotel, restaurant and similar activities (58.1 per cent of women). In that regard, the Committee observes that these trends remain mainly unchanged over the past three years. Furthermore, while women reached higher levels of education and qualification than men (60.6 per cent and 39.4 per cent, respectively), there were still fewer women than men in high-ranking and managerial positions (33.9 per cent and 66.1 per cent, respectively). In that regard, the Committee notes that, in its concluding observations, the United Nations (UN) Human Rights Committee expressed specific concern about the persistently low representation of women in senior positions in the private sector (CCPR/C/PRT/CO/5, 28 April 2020, paragraph 20). The Committee further notes that, in 2019, 82 complaints for discrimination based on sex were received by the CITE, five were filed by men and 77 by women. Regarding the persistent unbalanced distribution of unpaid care work between men and women that hinder full participation of women in the labour market, in particular in higher positions, the Committee refers to its 2021 direct request under the Workers with Family Responsibilities Convention, 1981 (No. 156). In light of the persistent gender stereotypes and occupational gender segregation of the labour market and the absence of substantial progress made in the past years, the Committee urges the Government to strengthen its efforts to promote effective equality of treatment and opportunity for men and women in employment and occupation, in both law and practice, including in the framework of the National Strategy for Equality and Non Discrimination for 2018–2030 and its accompanying action plans. It asks the Government to provide information on the concrete measures implemented, including in collaboration with the social partners, in order to: (i) address vertical and horizontal occupational gender segregation, including through the diversification of the areas of education and vocational training for women as well as vocational guidance, and (ii) raise public awareness, including in and through education, with a view to combating stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in the family and society. The Committee further asks the Government to provide information on the results of any survey conducted on gender equality and discrimination at work, as well as updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, in both the public and private sectors.

Equality plans. The Committee previously noted that section 7 of Law No. 62/2017 of 1 August 2017 imposes on enterprises in both the public and private sectors the duty to develop annual equality plans in order to achieve equal opportunities and equal treatment of women and men, and to promote the reconciliation of professional and family life within the company. The Committee notes the Government’s indication that, despite their legal obligations, enterprises still face serious difficulties in elaborating their gender equality plans as well as in realizing the necessity and importance of their elaboration. In this regard, the Committee welcomes the Government’s indication that a guide on the elaboration of annual equality plans was published in June 2019 in order to encourage and support companies in the elaboration of their plans. The Committee notes that this guide, which is available on the CITE’s website, covers six main areas of actions: access to employment and vocational training; working conditions; remuneration; parental leave; reconciliation between work and family responsibilities and prevention of harassment at work. The Committee notes that, in its 2019 report, the CITE indicates that only 61 annual equality plans have been elaborated so far, which corresponds to only 16 per cent of companies fulfilling their obligations. In light of the very low number of annual equality plans which have been adopted so far despite the legal obligation to do so, the Committee asks the Government to strengthen its efforts to raise awareness among workers, employers and their organizations of the requirements of the legislation, such as the elaboration of annual equality plans and the promotion of the reconciliation of work and family responsibilities. It asks the Government to provide information on any measures undertaken to that end and the results achieved, as well as on any obstacles identified. The Committee further asks the Government to continue to provide information on the number of equality plans adopted, both in public and private enterprises

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. The Committee welcomes: (1) the establishment of the Working Group for preventing and combating racism and discrimination, by Ordinance No. 309-A/2021 of 8 January 2021, in order to submit recommendations for public policies on preventing and combating racism and ethnic-racial discrimination; and (2) the adoption of the National Plan to Combat Racism and Discrimination 2021-25 (PNCRD), by Resolution of the Council of Ministers No. 101/2021 of 28 July 2021, which sets as specific objective the deconstruction of stereotypes and implementation of integrated action to fight against inequalities, in particular in higher education and work and employment. The Committee notes that, in its observations, the CGTP-IN highlights that discrimination is increasing, in particular against migrant, refugees and foreign workers, who are mostly less qualified and work under precarious conditions, with lower pay, and suffer from a higher number of injury at work. In that regard, the Committee refers to its 2021 direct requests on the Migration for Employment Convention (Revised), 1949 (No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), regarding more particularly the persistent situation of vulnerability to discrimination in employment of migrant workers. The Committee notes, from the 2019 report on equality and non-discrimination regarding racial and ethnic origin, colour, nationality, ancestry and territory of origin of the Commission for Equality and Against Racial Discrimination (CICDR), that 436 complaints were received by the CICDR in 2019, representing an increase of around 26 per cent compared with 2018. Almost 20 per cent of these complaints refer to discrimination against African descent population (pp. 10-11). In that regard, the Committee notes that, in its 2020 concluding observations, the UN Human Rights Committee expressed specific concern at the situation of African descent population who continue to suffer from discrimination, especially in the areas of education and employment (CCPR/C/PRT/CO/5, paragraph 12). It notes that, in April 2021, the UN Committee on Economic, Social and Cultural Rights (CESCR) also asked the Government to provide information on the measures taken to address discrimination against workers of African descent in the labour market that results in higher unemployment among them and their over-representation in low-paid jobs (E/C.12/PRT/Q/5, 1 April 2021, paragraph 16). The Committee urges the Government to step up its efforts in order to combat discrimination and ensure equality of opportunity and treatment in employment and occupation for migrant, refugees and foreign workers, including persons of African descent. It asks the Government to provide information on the specific measures undertaken to that end, in particular in the framework of the National Plan to Combat Racism and Discrimination 2021-25 and as a follow-up to the recommendations made by the Working Group for the prevention and combating of racism and discrimination. The Committee asks the Government to provide information on any study or assessment made of the impact of these measures, as well as any available statistical data on the participation of these categories of workers in education, vocational training, and the labour market.

Roma people. The Committee previously noted the National Strategy for Integration of Roma Communities 2013–22 (ENICC) and requested the Government to continue to take specific measures to foster the integration of Roma people, particularly with respect to access to employment and education. The Committee welcomes the detailed information provided by the Government on the measures implemented in the framework of the ENICC. More particularly, it notes the Government’s statement that several specific projects were carried out, mainly in order to: (1) prevent school dropouts and support secondary schools students through the awarding of scholarships, including through the “ROMA Educa” programme which was launched in 2019; and (2) facilitate integration of Roma into the labour market. It notes that several initiatives were implemented by local and regional employment services, with the training and designation of specific interlocutors for Roma people. It further notes that, in 2019, the Observatory for Roma Communities (ObCig) awarded for the first time the “OBCIG Empresas Integradoras” award, which aims at recognizing companies that employ five or more Roma people and inspire other employing entities in the implementation of practices that promote the integration of Roma people and combat discrimination based on ethnic origin. The Committee however notes the Government’s statement that the implementation of the ENICC still faces some constraints and difficulties in practice and observes the decreasing trend in the overall execution rate of ENICC targets, from 77 per cent in 2017 to 68.4 per cent in 2018 and 60.14 per cent in 2019. It further notes that, in its 2021 conclusions, the European Commission against Racism and Intolerance (ECRI) highlights that despite some progress, the overall enrolment rate of Roma pupils in third cycle and secondary education level remains low at 18.6 per cent and 2.6 per cent respectively (p. 6). The Committee notes that, in its 2020 concluding observations, the UN Human Rights Committee also expressed concern at: (1) the high dropout rates at school and their low employment rate; and (2) reports that Roma people continue to suffer from discrimination, especially in the areas of education, employment and housing (CCPR/C/PRT/CO/5, paragraph 12). In that regard, the Committee notes the Government’s indication that, between June 2017 and December 2020, the CICDR received 269 complaints related to cases of alleged discrimination against Roma. The Committee asks the Government to strengthen its efforts to combat stigma and discrimination against Roma people in order to ensure them effective equality of treatment and opportunity in education, training and employment. It asks the Government to continue to provide information on the measures taken to that end, in particular in the framework of the National Strategy for Integration of Roma Communities 2013–22 or any follow-up strategy adopted, as well as on any study or report available on their impact. The Committee again asks the Government to provide statistical data, disaggregated by sex, on the participation of Roma people in education, professional and vocational training courses, as well as in the labour market.

Article 3. Collective agreements and gender equality. The Committee previously noted that, pursuant to the amendments made to section 479 of the Labour Code, a preliminary evaluation of collective agreements was to be undertaken by the CITE, and any provision found not to comply with the law in terms of equality and non-discrimination, was to be referred to the Attorney-General’s Office. The Committee notes that the Government does not provide information on the application of this provision in practice. It however notes that, in its 2019 annual report, the CITE indicated that it identified a total of 57 unlawful provisions in 240 instruments of collective labour regulation (or 23.8 per cent), thus representing a slight increase since 2016 (22.3 per cent). Noting the absence of information from the Government, the Committee again asks the Government to provide information on: (i) the evaluation of collective agreements from a gender perspective; (ii) the nature or content of the unlawful provisions identified; (iii) the follow-up given to the parties to the collective agreements regarding those provisions found not to be in compliance with equality and non-discrimination principle; and (iv) the impact of this process on improving the inclusion in collective agreements of clauses of equality of opportunity and treatment for men and women.

Enforcement. The Committee notes, from the statistical information provided by the Government, that while the number of labour inspections carried out by the ACT decreased from 37,482 in 2017 to 31,455 in 2019, there was a significant increase in the number of violations detected in the private sector regarding the prohibition of discrimination (from three violations in 2017 to 54 in 2019), while the amount of corresponding fines applied increased from 15,708 euros (EUR) in 2017 to 484,908 euros, in 2019. The Government adds that three judicial decisions were handed down by the Supreme Court of Justice on issues covered by the Convention. The Committee asks the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment and occupation dealt with by the Working Conditions Authority, the courts or any other competent authorities.

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) communicated with the Government’s report.

Article 1 of the Convention. Basic human rights. The Committee previously requested the Government to provide information on the measures adopted in order to ensure full respect for the basic human rights of all migrant workers, irrespective of their legal status, following the adoption of the Strategic Plan for Migration for 2015-2020 (PEM). The Committee notes the Government’s indication, in its report, that, according to the final evaluation report of the PEM, which ended in 2020, its overall execution rate was estimated at 86.9 per cent. The Committee takes note of the adoption of the National Plan for the Implementation of the Global Compact for Migration (PNIPGM), by Resolution of the Council of Ministers No. 141/2019 of 1 August 2019, with a view to implement the United Nations (UN) Global Compact for Safe, Orderly and Regular Migration (UN Resolution, A/73/L.66, 12 December 2018). It notes that the PNIPGM sets 23 objectives articulated around five main dimensions: (1) promoting safe, orderly and regular migration; (2) improving the processes to organize and manage migratory flows; (3) promoting and qualifying migrant reception and integration mechanisms; (4) supporting connections between migrants and their home countries and projects for return; and (5) enhancing development partnerships with countries of origin and transit. The Committee welcomes this information. It however notes that, in its observations, the CGTP-IN highlights that unacceptable living conditions of immigrants resulted in an accelerated spread of the COVID-19, thus revealing the situation of seasonal and temporary immigrant workers who are subject to situations amounting to forced labour, in particular in the agriculture sector. The CGTP-IN adds that no sanction was imposed to those perpetrators, despite the legislative framework in place. The Committee asks the Government to continue to provide information on the nature and impact of the measures taken to ensure full respect for the basic human rights of all migrant workers irrespective of their legal status, in particular in the agriculture sector, in the framework of the National Plan for the Implementation of the Global Compact for Migration or otherwise. It further asks the Government to provide statistical information, disaggregated by sex, nationality and sector of activity, on the number of migrant workers, whether in a regular or irregular situation.

Articles 2–7. Measures to detect, prevent and suppress irregular migration and illegal employment of migrant workers. The Committee previously noted the efforts made by the Government to prevent and combat irregular migration and trafficking in persons, including through the PEM and the Third National Plan on Preventing and Combating Trafficking in Persons (2014-2017). It requested the Government to provide information on the concrete impact of these measures on the reduction of this phenomenon. The Committee notes the Government’s statement that, according to the final evaluation report of the Third National Plan on Preventing and Combating Trafficking in Persons, which ended in 2017, 48 out of the 53 measures established under this plan were executed, in particular to prevent and prosecute trafficking in persons. It also notes the adoption of the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021 (IV PACTSH), adopted by Resolution of the Council of Ministers No. 80/2018, of 7 June 2018, which sets as specific objectives: (1) to raise awareness on trafficking in persons; (2) to ensure that victims have access to their rights; and (3) to promote the fight against organized crime networks. The IV PACTSH foresees, among others, measures to: reinforce inter-institutional cooperation; strengthen the involvement of municipalities and local networks; promote a better monitoring of the formal and informal labour market and of recruitment agencies; promote the prevention of and combat trafficking in supply chains and in public procurement; and improve victims’ access to their rights such as compensation. The Committee further notes that the National Plan for the Implementation of the Global Pact on Migration of 2019, contains several measures aiming at promoting safe and regular migration including through formal migration channels. The Government adds that Law No. 75-B/2020 of 31 December 2020, which approved the budget for the year 2021 foresees the reinforcement of human resources for combating trafficking in human beings, and Law No. 55/2020 of 23 August 2020, which defined priorities in criminal policy for 2020–22 sets as a priority the prevention and suppression of trafficking in persons. The Committee welcomes all these initiatives. In this regard, it notes with interest the ratification on 23 December 2020 by Portugal of the Protocol of 2014 of the Forced Labour Convention, 1930 (No. 29). The Committee however notes that, in its 2020 report, the National Observatory on Trafficking in Persons highlights that 75 per cent of the victims of trafficking in persons identified were trafficked for the purpose of labour exploitation mainly in agriculture, construction, hotels and restaurants and domestic work. Of the victims identified in 2020, 23 per cent were from UE member states and 77 per cent from third countries (compared to 67 per cent in 2019). The Committee further notes that, in April 2021, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) highlighted the increasing trend of trafficking and exploitation of undocumented migrant workers in the agricultural sector and other sectors (E/C.12/PRT/Q/5, 1 April 2021, para. 15). It also notes that, in its 2019 concluding observations, the UN Committee against Torture (CAT) expressed specific concern about (1) reports that law enforcement officers are not adequately trained in identifying victims of trafficking; and (2) delays in the issuance of temporary residence permits for victims. The CAT recommended that the Government intensify its efforts to prevent and combat trafficking in persons, including by putting in place effective procedures for the identification and referral of victims among vulnerable groups, such as asylum seekers and migrants in an irregular situation (CAT/C/PRT/CO/7, 18 December 2019, para. 43 and 44). The Committee notes with concern this information. The Committee therefore asks the Government to provide information on: (i) the proactive measures taken to detect, prevent and suppress irregular migration and illegal employment, including in the framework of the IV Action Plan on Preventing and Combating Trafficking in Persons for 2018-2021 and the National Plan for the Implementation of the Global Pact on Migration; and (ii) the concrete impact of these measures on the reduction of this phenomenon. It also asks the Government to provide information on the specific measures taken to strengthen the monitoring of workplaces in sectors such as agriculture, domestic work and construction, to facilitate the reporting of violations of labour rights therein and to provide reparations, including for undocumented migrant workers. The Committee asks the Government to provide statistical information on the number of labour inspections carried out, migrant workers in an irregular situation or illegally employed identified, as well as on the nature of the infringements identified and the administrative, civil and penal sanctions imposed on employers and organizers of illegal or clandestine movements of migrant workers.

Article 9(1). Measures relating to rights arising out of past employment. The Committee previously noted that section 63(2) of Law No. 84/2007 of 5 November 2007, provides for the fulfilment of fiscal and social security obligations as a condition for the renewal of the residence permit, except if it is the employer who has not respected the obligations concerning social security. It requested the Government to indicate how it is ensured that migrant workers and their family in respect of whom residence permit could not be renewed, enjoy equality of treatment in respect of rights arising out of past employment, in particular as regards remuneration, social security and other benefits. The Committee notes the Government’s repeated statement that section 7 of Law No. 4/2007 of 16 January 2007 on the social security system, sets the principle of non-discrimination, including on the ground of nationality, without prejudice to residency or reciprocity requirements. The Government however adds that several social security benefits, in particular regarding unemployment, illness and family protection, are subjected to a residency requirement, while future entitlements, such as pensions, may be subjected to a reciprocity requirement. Referring to its previous comments regarding section 25 of Law No. 4/2007, which requires the Government to promote the signing of social security coordination instruments in order to ensure the equal treatment of recipients who work or reside in Portugal in respect of protection of acquired rights and future entitlements, the Committee notes that the Government merely refers to the revision, in 2018, of three social security coordination instruments previously signed with Cabo Verde, Mozambique and the Philippines. The Committee notes the lack of information provided by the Government on the measures taken in the framework of section 25 of Law No. 4/2007, since 2018. The Committee again asks the Government to provide information on the measures taken to ensure that migrant workers and their family for whom residence permit could not be renewed, enjoy equality of treatment in respect of rights arising out of past employment, in particular as regards social security and other benefits but also remuneration. It asks the Government to provide information on the number of social security coordination instruments signed pursuant to section 25 of Law No. 4/2007.

Article 9(3). Costs of expulsion. Previously the Committee noted that, according to section 213 of Foreigners Act No. 23/2007, “expenses necessary to leave the country that cannot be supported by the foreign national, or should not be supported by him under special international conventions, shall be borne by the State”, and that the State may bear the expenses for voluntary return of the members of the migrant worker’s family upon the expulsion or deportation of the migrant worker. In light of the absence of information provided, the Committee again asks the Government to take appropriate measures so as to ensure that migrant workers in an irregular situation for reasons that cannot be attributed to them are not required to bear the costs of expulsion, in conformity with Article 9(3) of the Convention. It further asks the Government to provide information on the application in practice of section 213 of Act No. 23/2007, including on the number of migrant workers and family relatives for whom the State did or did not bear the expenses to leave the country in case of expulsion.

Articles 10 and 12. Equality of opportunity and treatment. The Committee previously requested the Government to provide information on the concrete impact of the measures and actions implemented to guarantee equality of opportunity and treatment for migrant workers in accordance with Articles 10 and 12 of the Convention, including women migrant workers. The Committee notes the Government’s indication that several measures where implemented in the framework of the Strategic Plan for Migration for 2015–2020 (PEM) in order to enhance a better integration of immigrants. In that regard, it notes that the National Plan for the Implementation of the Global Compact for Migration (PNIPGM) includes 97 measures aiming, in particular, at the integration of immigrants, including by : (1) offering Portuguese language courses, (2) ensuring access to school for children and young people, as well as access to education and professional training for adults, (3) improving the conditions of access to housing, health and social protection, and (4) encouraging the integration and participation of immigrants into the society. The Committee notes that, as a result of the PNIPGM, a new programme for Portuguese language courses (“Português Língua de Acolhimento”) was established by Ordinance No. 183/2020, of 5 August 2020. The Government indicates that this new language training has been adjusted to the specific learning needs of immigrants, as a way to promote social inclusion and cohesion. The Committee welcomes this information. It also notes the general reference made by the Government to several instruments adopted to promote equality and non-discrimination, such as for example, the National Strategy for Equality and Non Discrimination for 2018–2030 (ENIND), but observes that no specific information is provided by the Government on the specific measures implemented to enhance equality of opportunity and treatment for migrant workers. In that regard, the Committee refers to its 2021 direct request on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It notes that, in its 2020 report, the High Commission for Migration (ACM) highlights that (1) there are higher unemployment rates among foreigners; (2) the insertion of foreigners into the Portuguese labour market still does not necessarily reflect their qualifications as they continue to be more represented in lower professional groups; (3) foreign workers continue to have lower average wages than nationals and are more exposed to poverty and social exclusion; and (4) there is an increase in fatal and non-fatal work accidents among foreigners, reflecting the employability of foreign workers in sectors with greater exposure to occupational accidents, such as construction. In that regard, it notes, from the statistical information provided by the Government, that the number of victims of work accident identified through surveys of the Working Conditions Authority (ACT) increased from 119, in 2017, to 355, in 2019, with 4 victims from UE countries and 37 victims from third-countries (compared to 2 and 7 victims identified in 2017, respectively). It further notes that, according to the 2020 Migrant Pay Gap report of the ILO, the wage gap between migrants and native citizens in Portugal increased from 25.4 per cent in 2015 to 28.9 per cent in 2020 (“Table E-1: the 20 widest migrant pay gaps“, p. 16). The Committee therefore asks the Government to increase its efforts in order to guarantee in practice equality of opportunity and treatment for migrant workers in accordance with Articles 10 and 12 of the Convention. It asks the Government to provide information on the nature and results of any measures implemented to that end, as well as on any obstacle encountered.

Article 13. Family reunification. The Committee previously noted that the Office for the Support of Family Reunification (GARF), established in the framework of the ACM, is responsible for providing information and assisting migrant workers in the process of family reunification. It requested the Government to provide information on any additional measures adopted to facilitate migrant workers’ family reunification. The Committee takes note of the Government’s indication that no significant legislative change has been made regarding family reunification which is still regulated by the Foreigners Act, but observes that no information is provided by the Government on the implementation of these provisions in practice or on number of migrant workers who have benefited from such measures. The Committee observes that the National Plan for the Implementation of the Global Pact on Migration, adopted in 2019, sets as specific objective to promote family reunification. The Committee again asks the Government to provide concrete information on any measures adopted to facilitate migrant workers’ family reunification and their impact, such as statistical data on (i) the number of migrant workers who have benefited from such measures, as well as from the assistance of the GARF, (ii) the number of applications for family reunification which succeeded, and (iii) any difficulties that have arisen in their implementation.

Article 14(b). Recognition of diplomas and qualifications. The Committee takes note of Law No. 31/2021 of 24 May 2021, which provides for the simplification of the procedures associated with the recognition of professional qualifications, transposing Directive 2005/36/EC of the European Parliament and of the EU Council of 7 September 2005 on the recognition of professional qualifications. The Committee welcomes this information. The Committee asks the Government to provide information, including studies or surveys, on any obstacles encountered in practice regarding the recognition of diplomas and qualifications of third-country nationals. It further asks the Government to provide information on any specific legislative provisions regarding recognition of the professional qualifications of third-country nationals.

Enforcement. Referring to its previous comments, the Committee notes, from the statistical information provided by the Government, that the number of foreign workers covered by labour inspections increased from 2,147 in 2017 to 3,007 in 2019, and observes that, in 2019, 2,244 men were covered by labour inspections compared to only 676 women. It further notes that the number of migrant workers in an irregular situation identified by the ACT increased from 50 in 2017 to 87 in 2019. The Committee asks the Government to continue to provide information on the activities of the Working Conditions Authority with respect to migrant workers, including: (i) statistical data, disaggregated by sex, economic sector and legal status, (ii) on the number of inspections carried out and of migrant workers covered, as well as (iii) on the nature of fines and other sanctions imposed and remedies granted. It further asks the Government to provide summaries of any administrative or judicial decisions adopted with respect to the equality and non-discrimination provisions in the legislation regarding migrant workers.

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) communicated with the Government’s report.

Measures addressing family responsibilities during the COVID-19 pandemic. The Committee welcomes the Government’s indication, in its report, that, due to the COVID-19 pandemic, several temporary measures were implemented, including in order to: (1) increase family allowances and strengthen social protection for workers with family responsibilities, by Decree-Law No. 37/2020 of 15 July 2020; and (2) establish a specific paid leave, allowing for working parents to go home to take care of their children under 12, when they had to stay at home as a result of the closing of schools or for medical reasons (Decree-Law No. 10-A/2020 of 13 March 2020). It notes in particular that section 29 of Decree-Law No. 10-A/2020 provides for the possibility of working remotely from home in all situations where it is possible, providing that such decision could be unilaterally taken by the employer or requested by the worker, without the need for an agreement between the parties. In that regard, the Committee notes that, in its observations, the CGTP-IN highlights that the COVID-19 pandemic has shown that flexible working arrangements can make it more difficult to reconcile work and family responsibilities. The Committee asks the Government to provide information on the application of the specific temporary measures adopted in the context of the COVID-19 pandemic and any effects that they may have had on workers with family responsibilities.

Legislative developments. The Committee notes with interest the adoption of the Statute of the Informal Caregiver (ECI) by Law No. 100/2019 of 6 September 2019, which establishes a formal statute for informal carers. It notes that the legislation differentiates between: (1) principal informal carer, who is a family member living in the same household as the person being cared for, providing care on a permanent basis without remuneration; and (2) non-principal informal carer, who is a family member caring on a regular but non-permanent basis, with or without remuneration. The Committee notes, more particularly, that Law No. 100/2019 provides for financial support and measures to support their integration into the labour market for principal informal carers, as well as for measures to reconcile care with professional life for non-principal informal carers. The law also describes other supporting measures the informal carers are entitled to, such as: capacity-building and training in the development of caring skills; statutory fiscal benefits and voluntary social insurance; psychosocial support and rest periods. In that regard, the Committee notes that Portugal has one of the highest rate of care provided by informal carers, with 30.6 per cent of informal carers providing care for more than 20 hours weekly (Long-term Care Report, 2021, Social Protection Committee and European Commission, p. 351) and the greatest gender imbalance with women making up 70.1 per cent per cent of informal carers aged 50 and over (Health at a Glance 2019: OECD indicators, figure 11.21). The Committee asks the Government to provide information on the implementation of Law No. 100/2019 on the Statute of the Informal Caregiver, in particular on any implementing regulations adopted, as well as on any assessment made of the impact of this new legislation on the conciliation of work and family responsibilities, both for principal and non-principal informal carers. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of persons who benefited from the coverage of these support measures, while specifying whether such support comprised professional training, career counselling and support for the integration into the labour market.

Article 3 of the Convention. National policy. The Committee previously noted that the National Plan for Equality, Citizenship and Non-Discrimination, which ended in 2017, included measures and actions aimed at promoting gender equality and better conciliation between work and family responsibilities. It requested the Government to provide information on any new national policy adopted as a follow-up. The Committee notes the Government’s statement that the National Strategy for Equality and Non-Discrimination 2018-2030 (ENIND), and more particularly its Action Plan for Equality between Women and Men (PAIMH), 2018-2021, provide for specific measures to ensure equality of opportunity and treatment of workers with family responsibilities and promote better conciliation between work and family responsibilities. The Committee asks the Government to provide information on the concrete measures implemented, in particular in the framework of the National Strategy for Equality and Non-Discrimination 2018-2030 and its accompanying action plan for equality between women and men, in order to ensure equality of opportunity and treatment of workers with family responsibilities and assist men and women workers in better conciliating work and family responsibilities.

Protection from discrimination on the ground of family responsibilities. The Committee previously noted that, despite the prohibition of discrimination on the ground of family situation and the obligation for employers to ensure working conditions that facilitate conciliation between work and family responsibilities (sections 24 and 127(3) of the Labour Code), discrimination against men and women as a result of their family responsibilities persisted in practice. The Committee notes with interest the adoption of Law No. 90/2019 of 4 September 2019, which introduces a new Article 35-A in the Labour Code, prohibiting any form or discrimination based on the exercise by workers of their maternity and paternity rights, in particular regarding the attribution of attendance and productivity bonuses or career progression. The Committee however notes that, in its observations, the CGTP-IN again expresses concern about women of childbearing age and/or with children who continue to be particularly discriminated against regarding access to employment and career advancement and are subjected to strong pressure and even persecution to renounce to their rights. During the recruitment process, employers often ask women if they intend to marry or have children, sometimes requiring a written commitment not to become pregnant during a certain period and frequently, employment contracts of women who informed their employer of their pregnancy were not renewed or such workers were dismissed. The CGTP-IN adds that men who intend to exercise parental rights are also frequently discriminated against and subjected to strong pressure to renounce to their rights, which is reinforced by the persistence of the stigma in the society according to which childcare is a task for women. The Committee notes with concern this information. The Committee asks the Government to make every possible effort to ensure that men and women workers with family responsibilities are adequately protected against discrimination in practice. It asks the Government to provide information on the proactive measures taken to ensure the effective implementation and enforcement of the relevant legislative provisions, including sections 24, 35-A and 127(3) of the Labour Code. The Committee asks the Government to provide information on the number and nature of cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the courts, or any other competent authorities, as well as the sanctions imposed and remedies granted.

Article 4. Leave entitlements. Paternity leave. The Committee previously noted that, pursuant to the revision of the Labour Code by Law No. 120/2015, several measures were introduced to better assist workers to reconcile their work and family responsibilities. The Committee welcomes the adoption of Law No. 90/2019 of 4 September 2019, which introduces new amendments to the Labour Code, including: (1) the extension of the duration of the compulsory part of paternity leave from 15 to 20 days, while the non-compulsory part of the leave is fixed at 5 days; and (2) the payment of social security benefits for paternity leave (both compulsory and non-compulsory part) on the basis of 100 per cent of the average salary of the father. It also welcomes the Government’s indication that several measures were implemented, such as the family allowance for children and young people and the prenatal family allowance. It notes that, in its 2019 annual report, the Commission for Equality in Labour and Employment (CITE) highlights that 72.7 per cent of working fathers benefited from the compulsory period of their paternity leave (compared to 65.8 per cent in 2017), but only 39.3 per cent make use of the possibility for both parents to take the parental leave simultaneously between the 120th and 150th day of leave (compared to 33 per cent in 2017). The Committee observes that the number of fathers who make use of paternity leave and parental leave continues to grow. It notes however that, while paternity leave is mandatory, still 27.3 per cent of fathers did not access this leave entitlement in 2019. In that regard, it notes that, in its observations, the CGTP-IN indicates that, as a result of women being socially considered as the main responsible for the care of children and other family members, men are still discriminated against in the exercise of parenthood rights as it is not socially accepted that men can exercise such rights. The Committee further notes that, in its 2021 Country Report on Gender Equality in Portugal, the European Commission highlights that it is a known fact that women are still the main ones responsible for caring roles, and that working fathers do not take full advantage of the several measures established by the Labour Code and intended to guarantee the exercise of “parenthood” rights and to promote the reconciliation of professional and family life on a regular basis (for instance, time-off from work to attend to family needs). Since care responsibilities are still considered predominantly as female tasks, and since most women in Portugal work full-time, the burden on women in this respect is still much higher than the burden on men, with inevitable consequences in women’s careers and remuneration. The European Commission further highlights that recent data concerning the impact of the specific measures implemented in the context of the COVID-19 pandemic also give ground for the conclusion that women are still the main carers within the family, as a public survey showed that almost 90 per cent of these periods of specific leave had been required by the mothers, while the fathers kept on working (pp. 31 and 48). In light of the persistent gender stereotypes concerning the sharing of family responsibilities, the Committee asks the Government to provide information on any proactive steps taken to encourage more men to make use of family-related leave and flexible working-time arrangements, such as awareness-raising activities promoting the exercise of shared parental responsibilities and encouraging men’s engagement in parenting and caring for children and other immediate family members, as well as on the impact of such measures. It further asks the Government to continue to provide statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both compulsory and non-compulsory and flexible working time arrangements, both in the public and private sectors.

Article 5. Community planning and services. The Committee welcomes the Government’s indication that the third generation of the Programme for the Improvement of the Social Equipment (PARES 3.0) was adopted by Ordinance No. 201-A/2020 of 1 September 2019, in order to support the development, consolidation and rehabilitation of equipment and infrastructures for children and young persons. It however observes that the Government does not provide any information on the number and nature of community childcare and family services and facilities available for workers with family responsibilities. The Committee asks the Government to continue to provide information on the measures taken to ensure adequate, affordable and accessible childcare services and facilities and other services and facilities which aim to assist men and women workers to reconcile work and family responsibilities. It again asks the Government to provide updated information on: (i) the number and nature of community childcare and family services and facilities, such as home support services, residential homes, etc., the existence of which assist workers to reconcile their work and family responsibilities; and (ii) the number of workers who benefit from the existence of childcare services and facilities and other community services and facilities.

Article 7. Vocational guidance and training. The Committee previously noted that several provisions of the Labour Code provide for priority access to training for workers with family responsibilities and for their right to resume their previous occupation after any type of leave (sections 30(3), 61 and 65(5)). Since no information was provided by the Government, the Committee once again asks the Government to provide information on the vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated into the labour force, as well as re-enter it after an absence due to family responsibilities. It also asks the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who avail themselves of this priority access to training and participated in vocational guidance and training programmes.

Article 8. Protection against dismissal. The Committee recalls that dismissal during pregnancy and maternity leave, as well as during parental leave, is unlawful (section 63(2) of the Labour Code). It previously noted that, despite several amendments introduced in the national legislation to strengthen the protection against dismissal as a result of family responsibilities, in particular by increasing the sanctions imposed on employers, the number of complaints concerning dismissal or non-renewal of employment contract of pregnant or breastfeeding workers, or workers who had recently given birth was increasing. It requested the Government to provide information on the measures taken to ensure an effective protection in practice of men and women workers against dismissal on the ground of family responsibilities. The Committee notes that the Government did not provide any information in that regard. Recalling that pursuant to section 63(1) of the Labour Code, any dismissal of a pregnant or breastfeeding worker, worker who has recently given birth or worker on parental leave needs to be submitted first to the prior opinion of the CITE, the Committee notes that, in its 2019 annual report, the CITE indicates that it opposed dismissal in 57 per cent of those cases, which represented a 10 per cent increase compared to 2018. The Committee further notes that, in its 2021 Country Report on Gender Equality in Portugal, the European Commission highlights that, despite the legal prohibition of dismissal during pregnancy and maternity leave, in practice, the protection of maternity, especially during the pregnancy and immediately after giving birth, still needs to be strengthened, since pregnant women and young mothers face more difficulties in being hired and are more easily dismissed (p. 48). The Committee notes with concern this information. The Committee once again asks the Government to provide information on the proactive steps taken to enforce section 63(2) of the Labour Code, thereby ensuring effective protection of men and women workers against dismissal on the ground of family responsibilities. It further asks the Government to provide information on the number of cases of unlawful dismissal of pregnant or breastfeeding workers or those who have recently given birth, or of employees on parental leave dealt with by the labour inspectorate, the courts or any other competent authorities, the sanctions imposed and remedies granted.

Articles 6 and 11. Awareness-raising measures and cooperation with employers’ and workers’ organizations. The Committee previously noted the awareness-raising activities undertaken on non-discrimination and reconciliation of work and family responsibilities, including by tripartite institutions such as the CITE, for the public in general and the social partners. The Committee notes the Government’s general indication that dissemination of information and awareness-raising on protection of maternity and paternity rights and reconciliation of work and family responsibilities are continued by the CITE, in particular in the framework of the Parents@Work project, funded by the European Union. The Committee asks the Government to provide information on the actions implemented, in collaboration with employers’ and workers’ organizations in order to: (i) address gender stereotypes regarding the role of men and women with respect to family responsibilities, and (ii) promote a broader understanding in society, including among employers, of the principle of equality of opportunity and treatment for men and women workers and the rights and needs of workers with family responsibilities.

Enforcement. Referring to its previous comments, the Committee notes that the statistical data communicated by the Government regarding the activities of the labour inspectorate does not contain information regarding the number of violations detected concerning parental rights. It however notes that, according to its 2019 annual report, the CITE received 11 complaints concerning maternity rights, one complaint concerning paternity rights, and 12 complaints concerning reconciliation of work and family responsibilities and flexible working arrangements. The Government adds that, since 2019, 11 judicial decisions were handed down on issues covered by the Convention. The Committee asks the Government to continue to provide information on the number, nature and outcome of any cases or complaints concerning violation of parental rights and discrimination based on family responsibilities detected or dealt with by the Working Conditions Authority, the CITE, the courts, or any other competent authorities.

General Observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188), and the observations of the General Workers’ Union (UGT), communicated with the Government’s report. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. The Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights. The Committee notes that, in its observations, UGT expressed its concern about the effectiveness of the inspections conducted by the Authority for Working Conditions (ACT) in the fishing sector in the context of the of COVID-19, particularly regarding compliance with national legislation in cases of alteration of vessels. The Committee requests the Government to provide its comments in this regard.

Implementation measures. The Committee notes that, in its report, the Government refers to Decree-Law No. 166/2019 on the Legal Framework of the Professional Activity of the Seafarer. Noting that section 2(3) of such Decree-Law limits the application of some of its provisions to fishing vessels of 24 metres in length and over, the Committee requests the Government to indicate whether the Decree-Law No. 166/2019 applies to all fishers with respect to the protection provided in the Convention, particularly in relation to medical certificate, manning, crew list, and records concerning the fisher’s work. Likewise, the Committee requests the Government to indicate whether the Labour Code applies to all fishers.

Articles 1–4 of the Convention. Scope of application. The Committee notes that section 4(c) of Law No. 15/97 on the Legal Framework for Individual Employment Contracts on Board Fishing Vessels defines a “fishing ship or vessel” as any vessel registered and licensed for fishing activity, whatever the area of exploitation or the fishing gear used. In this regard, the Committee recalls that, except as otherwise provided, the Convention applies to all fishers and all fishing vessels engaged in commercial fishing operations (Article 2(1)) and that “fishing vessel” or “vessel” means any ship or boat, of any nature whatsoever, irrespective of the form of ownership, used or intended to be used for the purpose of commercial fishing (Article 1(g)). The Committee, therefore, requests the Government to clarify if all fishing vessels engaged in commercial fishing operations, including fishing operations on rivers, lakes or canals, have to be registered or licensed. The Committee also notes that the Government indicates that no cases of doubt have arisen as to whether a vessel is engaged in commercial fishing. Likewise, the Committee notes the Government’s indication that no exclusions (Article 3) or progressive implementation (Article 4) have been made. The Committee observes that section 1(2)(a) of Decree-Law No. 116/97 on Minimum Safety and Health Requirements for Work on Board Fishing Vessels refers to section 3(2) of Law No. 102/2009 on the Legal Framework for the Promotion of Occupational Safety and Health, which states that the framework established for independent workers shall apply to fishing activities in vessels of up to 15 metres in length that do not belong to the fishing fleet of a shipowner or equivalent employer. The Committee, therefore, requests the Government to provide detailed information on the measures taken to give effect to the provisions of the Convention for fishers working on board vessels of up to 15 metres in length that do not belong to the fishing fleet of a shipowner or equivalent employer for whom the framework established for independent workers applies.

Article 8(3). Responsibilities of fishing vessel owners, skippers, and fishers. Constraints on the skipper. Noting the information provided by the Government, the Committee requests the Government to provide further information on how it is ensured in law and practice that skippers are free from constraint on the part of the fishing vessel owner to take any decision that they deem necessary for the safety of the vessel and its safe navigation and safe operation, or the safety of the fishers on board.

Article 9(1) and (2). Minimum age. The Committee notes the Government’s reference to the general provisions on minimum age foreseen in the Labour Code (sections 63 to 83). The Committee observes that sections 68(3) and 69(1) provide for circumstances in which minors under the age of 16 may perform light work and be admitted to work, respectively. The Committee requests the Government to clarify whether the exceptions foreseen in sections 68 and 69 of the Labour Code in relation to “minors under the age of 16” encompass fishers under the age of 15. In doing so, the Committee requests the Government to explain in detail how it ensures that a minimum age of 15 is only authorized for work of (1) persons who are no longer subject to compulsory schooling as provided by national legislation, and who are engaged in vocational training in fishing; and (2) persons performing light work during school holidays. In the latter case, the Committee requests the Government to specify the kinds and the conditions of light work permitted on board fishing vessels.

Article 9(3)–(5). Minimum age. Hazardous work. The Committee notes the Government’s reference to section 72 of Law No. 102/2009, which establishes the minimum age of 16 years for activities such as manual handling of loads weighing more than 15 kg and excessive physical effort, particularly when kneeling or in positions and movements that cause compression of nerves and nerve plexuses. Such activities can be performed as long as the employer assesses the nature, degree, and duration of the minor’s exposure to conditioned activities or work and takes the necessary measures to avoid such risk (section 68(2)). Furthermore, section 20(1) states that workers shall receive adequate training in occupational safety and health, taking into account the workplace and the performance of high-risk activities. Likewise, the Committee also notes the Government’s reference to section 7(1) of the Decree-Law No. 116/97, which states that the shipowner shall provide workers with appropriate training and necessary updates on safety and health on board the ship or craft Noting that the types of activities mentioned in section 72 of Law No. 102/2009 are of a general nature and do not seem to take into account the specificities of the fishing sector, the Committee requests the Government to indicate any measures adopted or envisaged in order to give full effect to Article 9(2) and (3).

Article 10. Medical examination. Exemptions. The Committee observes that, according to Decree-Law No. 166/2019, seafarers are only allowed to board if they are accompanied by a medical certificate (section 67(1)(c)). However, seafarers who intend to serve on board vessels registered as local vessels are not required to submit medical certificates (section 8(3)). Noting that vessels registered as local vessels have been exempted from the medical certificate requirement, the Committee requests the Government to: (1) clarify the meaning of a “local vessel” under Decree-Law No. 166/2019; and (2) supply updated statistics on the number of such vessels and the number of fishers concerned by this exemption.

Articles 11 and 12. Medical examination. The Committee notes the Government’s reference to the relevant provisions of the Decree-Law No. 166/2019, including sections 10 and 11, which state that the mandatory elements and the model of the medical certificate are approved by ordinance of the members of the Government responsible for the areas of health and sea (sections 9(7) and 10(7)). The Committee, therefore, requests the Government to provide a copy of such Ordinance and any laws, regulations or other measures providing for the frequency of medical examinations and the form and content of medical certificates. With respect to the medical examination of fishers working on vessels of 24 metres in length and over, or vessels which normally remain at sea for more than three days, the Committee further requests the Government to confirm that when such a medical certificate expires in the course of a voyage, it remains in force until the end of that voyage.

Article 15. Crew list. The Committee notes the Government’s reference to section 70 of Decree-Law No. 166/2019 on crew list. Noting that such provision does not reflect the detailed requirements of Article 15 of the Convention, the Committee requests the Government to specify to whom, when, and for what purpose such information is to be provided. In addition, the Committee requests the Government to provide a specimen copy of any standard crew list form that may be in use.

Articles 16 and 20. Fisher’s work agreement. Annex II. Responsibility of the fishing vessel owner. The Committee notes the Government’s indication of section 6 and the annex of Law No. 15/97 on the fishers’ work agreements. In this regard, the Committee requests the Government to indicate the laws, regulations or other measures requiring that (1) all fishers working on vessels flying the Portuguese flag have the protection of a fisher’s work agreement, as foreseen in Law No. 15/97; and (2) the fisher’s work agreement contains a reference to the protection that will cover the fisher in the event of sickness, injury or death in connection with service, as provided for in Annex II of the Convention. With respect to the responsibility of the fishing vessel owner to ensure that each fisher has a written fisher’s work agreement signed by both the fisher and the fishing vessel owner or by an authorized representative of the fishing vessel owner, the Committee requests the Government to confirm that, where fishers are not employed or engaged by the fishing vessel owner, the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 22(4) and (5). Recruitment and placement. Private employment agencies. The Committee notes that Portugal has ratified the Private Employment Agencies Convention, 1997 (No. 181) in 2002 and that there are private employment agencies which employ workers with a view to making them available to a third party, as provided for in the Decree-Law No. 260/2009. The Committee requests the Government to explain the respective responsibilities of the so-called temporary work enterprises and of the fishing vessel owners in relation to: (1) collective bargaining; (2) access to training; and (3) maternity and parental benefits.

Articles 23 and 24. Payment of fishers. The Committee notes the Government’s indication of section 278(1) of the Labour Code, which states that the remuneration is due for certain and equal periods, which, except in the case of a contrary provision or practice, are the week, the fortnight and the calendar month. Recalling that Article 23 requires that each Member, after consultation, adopt laws, regulations or other measures providing that fishers who are paid a wage are ensured a monthly or other regular payment, the Committee requests the Government to provide detailed information on any measure or practice contrary to such requirement. The Committee also notes that section 27(3) of Law No. 15/97 provides that, at the request of the crew member, the payment of wages may be made, in whole or in part, to a person designated by him/her. The Committee requests the Government to indicate how it ensures that such a payment is made to a person designated by the fishers at no cost for them, as provided for in Article 24.

Articles 26 and 28, Annex III. Accommodation and food. Accommodation. Derogations. The Committee notes that, in relation to accommodation and food, the Government refers to the provisions of the annex of the Decree-Law No. 116/97 which apply to new decked fishing vessels and cover the various aspects of crew accommodation on board fishing vessels. The Committee observes, however, that section 2(c) of such Decree-Law defines ‘new fishing vessel or craft’ as those of 15 metres in length and over. Furthermore, section 1 of its annex states that the Directorate-General of Natural Resources, Safety and Maritime Services (DGRM) may authorize derogations from the provisions of such annex for ships or fishing vessels that normally do not remain at sea for more than 24 hours, if the workers do not reside on board the ship or fishing vessel when it is in port. In light of the above, the Committee requests the Government to indicate how it ensures that the requirements of Annex III of the Convention apply to all new decked fishing vessels, as defined by the Convention and that, in the case of derogations foreseen in section 1 of the annex of the Decree-Law No. 116/97, the fishers concerned have adequate facilities for resting, eating and sanitation purposes. The Committee requests the Government to provide detailed information on any such derogations made.

Article 27. Accommodation and food. Food and water at no cost. The Committee notes the Government’s reference to section 69 of the annex of the Decree-Law No. 116/97, which states that food and drinking water shall be sufficient, taking into account the number of workers and the duration and nature of the journey, as well as adequate from the point of view of nutritional value, quality, quantity, and variety, also taking into account the religious and cultural practices of workers in food matters. The Committee requests the Government to indicate whether the food and water are provided by the fishing vessel owner at no cost to the fisher unless an applicable collective agreement or the fisher’s work agreement provides otherwise.

Articles 29 and 30. Medical care. The Committee notes that the Government refers to the Orientation Centre for Urgent Illnesses - Sea (CODU-Mar), which provides medical advice in case of emergency situations, triggers evacuation, and refers emergency situations on board vessels to a hospital. The Committee also notes the Government’s reference to the provisions on medical care of Administrative Act No. 6/97 on the “List of Medical Supplies that Must be Included in On-board Pharmacies and the Models of the Registration Forms”, Law No. 146/2015 on the “Activity of Seafarers on Board Vessels Flying the Portuguese Flag and the Responsibilities of the Portuguese State as a Flag or Port State”, and Decree-Law No. 274/95 on the “Minimum Safety and Health Requirements to Promote Better Medical Assistance on Board Ships”. The Committee also takes note of the Government’s indication that the Decree-Law No. 274/95, which applies to local fishing, is in the process of being amended. Noting that the referred provisions do not reflect the detailed requirements of Articles 29 and 30, the Committee requests the Government to indicate the laws, regulations or other measures adopted giving full effect to each of the particulars of both Articles, particularly the requirement that the vessels carry on board a list of radio or satellite stations through which medical advice can be obtained (Article 30(e)). The Committee also requests the Government to provide a copy of the revised Decree-Law No. 274/95 once it has been adopted, indicating whether it applies to all fishers and all fishing vessels engaged in commercial fishing operations as defined in Article 1 of the Convention.

Articles 31 and 32. Occupational safety and health and accident prevention. The Committee notes the Government’s reference to the provisions on occupational safety and health and accident prevention foreseen in Law No. 102/2009 and Decree-Law No. 116/97. Noting that the referred provisions do not reflect the detailed requirements of Articles 31 and 32, the Committee requests the Government to indicate the laws, regulations, or other measures adopted giving full effect to each of the particulars of these Articles for all fishing vessels, particularly the requirement that the fishing vessel owner establishes on-board procedures for the prevention of occupational accidents, injuries and diseases, taking into account the specific hazards and risks on the fishing vessel concerned (Article 32(2)(a)).

Articles 34–37. Social security. The Committee observes that the benefits foreseen in Law No. 110/2009 (Code of the Contributory Regimes of the Social Security Welfare System) are not linked to the residence in Portugal but to the existence of an employment agreement in the country (section 42(1)). The Committee notes the Government’s indication that Portuguese seafarers working on foreign vessels can optionally enrol in the Voluntary Social Security (SSV) scheme if they are not covered by a mandatory social security system. Furthermore, the Government refers to the multilateral Ibero-American Convention on social security and the conclusion of bilateral social security agreements with Andorra, Argentina, Australia, Bolivia, Brazil, Cabo Verde, Canada, Canada-Quebec, Chile, Ecuador, El Salvador, United States of America, Philippines, India, Morocco, Mozambique, Moldova, Paraguay, Tunisia, Ukraine, Uruguay, Venezuela, and the islands of Jersey, Guernsey, Alderney, Herm, Jethou and Man. Recalling that Article 34 provides that each Member shall ensure that fishers ordinarily resident in its territory, and their dependants to the extent provided in national law, are entitled to benefit from social security protection under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in its territory, the Committee requests the Government to provide detailed statistical information on the number of fishers that are covered under the Social Security Welfare System. The Committee requests the Government to provide information on whether and how the above-mentioned agreements cover fishers who reside in Portugal and work on foreign-flagged vessels or foreign fishers that work on Portuguese-flagged vessels, and ensure the maintenance of social security rights acquired, or in the course of being acquired. In addition, the Committee further requests the Government to provide information on the social security coverage for non-Portuguese fishers who are ordinarily resident in Portugal but work on foreign-flagged fishing vessels outside the country and outside the countries with which bilateral social security agreements were concluded.

Articles 38 and 39. Protection in the case of work-related sickness, injury, or death. The Committee notes that the Government indicates that (1) in case of work-related sickness, fishers are covered by the general social security system, as foreseen in Law No. 110/2009, (2) in case of injury due to occupational accident or disease, fishers are covered by a private insurance system, in which the employer transfers the responsibility to insurance companies, as foreseen in Law No. 98/2009 on Occupational Accident and Disease Compensation Scheme, and (3) in case of death or disappearance at sea or total permanent incapacity, the crew member is covered by insurance to be arranged by the shipowner, as foreseen in Law No. 15/97. The Committee observes that occupational accident and disease compensation is not due in the case of gross negligence and force majeure (Law No. 98/2009, sections 14 and 15). The Committee also observes that section 34 of Law No. 15/97 provides for medical treatment in a foreign country until the fisher has been repatriated. The Committee requests the Government to clarify whether the defraying of expenses of medical care foreseen in the latter provision includes related material assistance and support, as required by Article 39(1). The Committee also requests the Government to indicate the measures adopted in order to ensure that national laws or regulations permit the exclusion of the liability of the fishing vessel owner only if the injury occurred otherwise than in the service of the vessel or the sickness or infirmity was concealed during engagement, or the injury or sickness was due to wilful misconduct of the fisher.

Articles 40–42. Compliance and enforcement. The Committee notes the Government’s indication of the provisions of Law No. 15/97 on enforcement measures such as inspections, reporting, complaint procedures, and corrective measures. The Committee requests the Government to explain in detail the exercise of jurisdiction and control over fishing vessels flying the Portuguese flag by means of monitoring and appropriate penalties. The Committee further requests the Government to provide an example of a valid document issued by the competent authority stating that the vessel has been inspected by the competent authority or on its behalf, for compliance with the provisions of the Convention concerning living and working conditions. In addition, the Committee requests the Government to provide statistical information on the results of the inspections carried out on board fishing vessels.

Article 43. Compliance and enforcement. Complaints. The Committee notes the Government’s reference to Decree-Law No. 61/2012 on Port State Control. However, the Committee observes that, although section 36-E(3) of Law No. 15/97 states that the criteria for port State inspection of foreign-flagged fishing vessels, as well as the procedure for inspection, detention, and contestation are set out in Decree-Law No. 61/2012, section 2(6) of such Decree-Law states that it does not apply to fishing vessels. The Committee, therefore, requests the Government to clarify the scope of application of Decree-Law No. 61/2012, indicating, if applicable, which provisions apply to fishing vessels as defined by the Convention. In addition, the Committee requests the Government to: (1) indicate what arrangements exist for the submission of complaints by a fisher, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the vessel, including an interest in safety or health hazards to the fishers on board, (2) provide information on the number of investigations carried out during the reporting period covered by this report and on measures taken as a result, and (3) describe any port State control measures taken in pursuance of Article 43 and give information on the functioning of these measures (e.g. number and nature of cases considered and nature of any action taken).

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 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) and the information in the 2018 report on the activities of the Working Conditions Authority (ACT). Moreover, 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), communicated with the Government’s report.

The Committee further notes the observations made by the UGT, and the Confederation of Trade and Services of Portugal (CCSP) received in 2020, communicated with the Government’s supplementary information. It notes that the UGT alleges that the ACT: (i) focuses on prevention at the expense of inspections and application of penalties; (ii) insufficiently coordinates its work with social partners; and (iii) issues its activity reports on inspections at irregular intervals and with many delays. The Committee asks the Government to provide its comments in this respect.

The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the Union of Labour Inspectors (SIT), alleging non-compliance by Portugal with the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 340th Session (October–November 2020), the Governing Body decided that it was receivable and to designate a tripartite committee for its examination (GB.340/INS/19/8, paragraph 5). The Committee notes that the allegations contained in the representation refer to Articles 7 and 10 of Convention No. 81, and 9 and 14 of Convention No. 129 concerning training and number of labour inspectors. In accordance with its usual practice, the Committee has decided to suspend its examination of these issues pending the decision of the Governing Body in respect of the representation.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information on the labour inspection measures taken by the Government in the context of the COVID-19 pandemic, including Decree No. 2-C/2020 of 17 April 2020, regulating the extension of the state of emergency decreed by the President of the Republic, which foresees strengthening the resources and powers of the ACT. The Committee also notes that CCSP indicates that a working group was established to monitor labour matters during the crisis arising from the COVID-19 pandemic, chaired by the Inspector General, with the participation of social partners, and that this group monitored the implementation of emergency measures and included a report on the inspections conducted by the ACT.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee takes note of the information provided by the Government in its report in response to the Committee’s previous request concerning overtime. It also takes note of the Government’s indication that the career of labour inspectors, as well as their development, is provided for in Decree-Law No. 112/2001, which establishes the legal framework and defines the structure of the inspection careers of the Public Administration. In addition to the base salary provided for in that Decree-Law, inspectors are also entitled to a supplement for the exercise of the inspection function amounting to 22.5 per cent of the base salary. The Committee notes the Government’s indication that pursuant to this Decree-Law, a new career and remuneration system will be implemented for labour inspectors. In this regard, the Committee takes note that the UGT indicates that it has opposed the worsening of working conditions for labour inspectors and their lack of career prospects (which prevents progression). The union further indicates that, in 2018, a tripartite agreement was signed called “Combating precariousness and reducing labour segmentation and promoting greater dynamism in collective bargaining”, which includes measures aimed at strengthening the conditions of service of the ACT. The UGT indicates that the agreement provides for measures to strengthen conditions of service at the ACT, the number of labour inspectors, the information systems of the ACT and mechanisms for hearing the views of the social partners. The Committee requests the Government to continue to provide information on measures taken to improve the conditions of service of labour inspectors, including the results obtained through the implementation of the 2018 tripartite agreement. In this respect, it requests information on the measures taken, including within the context of the new career and remuneration system, to ensure that the remuneration levels and career prospects for labour inspectors are commensurate with that of other public officials exercising similar functions. In addition, the Committee requests information on stability of employment for labour inspectors (excluding management positions), including information on the proportion of inspectors with two years, five years, and more than eight years on the job.

Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. In its previous comments, the Committee welcomed the Government’s indication that the ACT was in the process of recruiting 117 labour inspectors. It notes that in September 2019 and in May 2020, an additional 53 and 80 new inspectors were recruited respectively, raising the total number of labour inspectors to 417 by 2020 (compared with 359 inspectors in 2012). The Committee also notes the Government’s indication that, in addition to labour inspectors, the ACT has a total of 505 support staff (as compared to 514 in 2016) and that a number of competitions have been opened for the recruitment of senior technicians. In this regard, the Committee takes note that the CGTP–IN states that both the number of labour inspectors and support staff are still insufficient to ensure the effective exercise of the functions of the inspection service. The CGTP–IN also indicates that the ACT does not ensure the presence of at least one occupational safety and health technician in each regional office. The Committee welcomes the Government’s efforts to ensure the recruitment of a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate, and requests it to continue to provide information on any further measures taken in this respect. It also requests the Government to continue to provide information on the training or other measures taken to facilitate the rapid integration of these new inspectors. Lastly, it requests the Government to provide information on the measures taken to ensure that duly qualified technical specialists are associated with the work of inspection.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. In response to its previous request concerning an inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits, the Committee notes the Government’s indication that the definition of inspection priorities is based on: (i) the monitoring of undertakings where accidents at work have occurred or occupational diseases have been detected; and (ii) consideration of the number of workers potentially covered by the situations considered to be the most serious for their safety or physical and mental health. The Government indicates that the new information system will contribute to a more efficient and effective planning of the inspection action. The Government states that, in this process, the employers’ and workers’ organizations represented on the ACT’s Consultative Board are consulted, having agreed on the Iberian Campaign for the Prevention of Accidents at Work (2016–18) and the National Campaign for Safety and Health for Temporary Workers (2016–18).

The Committee notes that the CGTP–IN asserts that the number of inspection visits has decreased dramatically over the years, as well as the number of workplaces visited and the number of workers covered. In this regard, the Committee notes the substantial decrease in the number of inspections (from 90,758 in 2011 to 37,482 in 2017), the number of undertakings inspected (from 80,159 in 2011 to 24,584 in 2017) and the number of workers covered (from 609,343 in 2011 to 317,838 in 2017). However, it also notes that over the same period, the number of violations detected increased from 17,607 in 2011 to 24,352 in 2017. In this regard, the Committee notes that the Government indicates that in 2013, there was a change in the statistical criteria for collecting information on the number of inspection visits and workplaces visited to avoid inflating the data by counting a visit to the same workplace that covered different subjects as a new visit. The Government further states that the data on the outcome of inspection visits indicate that there have been no significant changes in the number of penalties applied. The Committee notes, in addition, that according to the information in the 2018 report on the activities of the ACT, there has been increase from 2017 to 2018 in the number of inspections (38,287 in 2018), number of undertakings inspected (25,200), workers covered by inspections (399,836) and violations detected (26,465). Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on developments related to the overall number of labour inspections undertaken and workers covered. In this respect, the Committee requests the Government to continue to provide information on the number of inspections that are planned versus the number that are reactive to complaints or accidents; the average or normal duration of planned versus reactive inspections; and the nature and number of violations identified and sanctions pursued for each type of inspection.

The Committee is raising other matters in a request addressed directly to the Government which reiterates the content of its previous request adopted in 2019.

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 simplify 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.

Issues specifically concerning agriculture

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.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020). It further notes that the Government previously ratified eleven Conventions on maritime labour, which have been denounced following the entry into force of the MLC, 2006, for Portugal. It notes that Portugal has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee further notes, concerning the amendments to the Code approved by the International Labour Conference in 2016, that Portugal has indicated that it will be bound by them only after a subsequent express notification of their acceptance. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the respect of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Article II, paragraph 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication that, according to Act No. 146/2015 of 9 September 2015, Section 2 (e), “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which such Act applies. The Committee also notes that Section 2, paragraph 2 of the Act No. 146/2015 states that shall not be regarded as seafarers persons whose work is not part of the ship’s routine, and any other workers whose work on board is sporadic and brief and who normally work on land, notably, scientists, researchers, invited artists. The Committee further notes that the categories of workers not to be regarded as seafarers included in Section 2, paragraph 2 of the Act No. 146/2015 are the same as those listed in Resolution concerning information on occupational groups, adopted at the 94th session of the International Labour Conference (2006). The Committee also notes that, according to Section 7, paragraph 3 of the Ordinance No. 231/2020 of 30 September 2020, the embarkation of non-maritime individuals on vessels engaged in local passenger traffic, for the performance of functions of a permanent nature and in constant mutation, does not require adding their identification to the list of the crew as per requirements of the paragraph 2 of the same Section. The Committee draws the Government’s attention to the definition of “seafarer” under Article II, paragraph 1(f), which covers “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. This encompasses not only crew members sensu stricto, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). The Committee requests the Government to explain what is intended by non-maritime individuals performing functions of a permanent nature and in constant mutation, embarked on vessels engaged in local passenger traffic”. Noting that there was no specific information provided regarding cadets, the Committee also requests the Government to indicate whether cadets are regarded as seafarers under its national legislation and therefore fully enjoy the protection afforded by the Convention.

Article II, paragraph 1(i) and 4. Definitions and scope of application. Ships. The Committee notes Section 8, paragraph 3 of Legislative Decree No. 166/2019, 31 October 2019, according to which for seafarers wishing to provide service on board vessels registered as local vessels, the presentation of medical certificates is not required, without prejudice to the fact that their health status must be proven by the companies or shipowners that operate the said vessels. In this respect, the Committee recalls that a medical certificate is to be issued to any person who is employed or engaged or works in any capacity on board a ship as defined by Article II, paragraph 1(i) and 4. The Committee therefore requests the Government to explain what is intended by “local vessels” and whether they fall within the scope of application of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s indication that, according to Section 223 of the Labour Code, “night” is defined as a period of seven to eleven hours, including the period between midnight and 5 a.m. The period of night work may be established in a collective labour regulation instrument. If not otherwise stated, it shall start at 10 p.m. of one day and end at 7 a.m. of the following day. Noting that the Labour Code allows for periods of seven hours to be considered as night work, the Committee recalls that, in accordance with Standard A1.1, paragraph 2, “night” shall cover a period of at least nine hours. The Committee therefore requests the Government to modify its national legislation in order to ensure full compliance with the requirements of Standard A1.1, paragraph 2.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. The Committee notes the Government’s indication that all doctors who issue medical certificates must be specialists in occupational health or, if they are not, be a general practitioner employed by a National Health Service health center. The Committee also notes relevant provisions of Legislative Decree No. 166/2019 of 31 October and Ordinance No. 101/2017 of 7 March 2017 in relation to medical examination, right to appeal and recognition process of the qualified practitioners. Noting that no information has been provided regarding professional independence in exercising their medical judgement in undertaking medical examination procedures, as well as regarding independence of members of medical board to which a refusal to issue a medical certificate may be appealed, the Committee requests the Government to indicate relevant provisions implementing these requirements or measures undertaken in this respect (Standard A1.2, paragraph 4).

Regulation 1.4 and Standard A1.4, Paragraph 5 (a). Recruitment and placement. Noting that no information has been provided in this respect, the Committee recalls that, in accordance with Standard A1.4, paragraph 5 (a), a Member shall in its laws and regulations or other measures at a minimum prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified. The Committee accordingly requests the Government to indicate how it gives effect to the requirements of Standard A1.4, paragraph 5(a) of the Convention.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s reference to Section 47 of Act No. 146/2015 of 9 September 2015 and Legislative Decree No. 260/2009 of 25 September 2009, Section 24, paragraph 5, according to which agencies that handle the recruitment and placement of seafarers shall set up an insurance scheme, to be regulated by an ordinance issued by the Government members responsible for finance and labour, to ensure the payment of compensation for damage to seafarers’ property arising from the agency's or the shipowner's failure to meet its obligations. Noting that no further information has been communicated in this respect, the Committee requests the Government to provide a copy of the aforementioned ordinance implementing requirements of Standard A1.4, paragraph 5(c)(vi).

Regulation 2.1 and the Code. Seafarers’ employment agreements. Regarding the seafarers’ employment agreements, the Committee notes the Government’s reference to Sections 7 and 8 of Act No. 146/2015 and section 9 of the Labour Code, which appear to lay down different regimes. Although Section 7 refers to employment agreements for work on board ships, the Committee notes that Section 8 foresees a different regime for seafarers working under service agreements and that Section 9 refers to employment agreements for special regimes. The Committee consequently requests the Government to clarify the difference between the contractual regimes applicable onboard ship as well as to specify the categories of seafarers or other workers concerned by these regimes. It further requests the Government to indicate whether there are sufficient safeguards in place to ensure that all provisions of the MLC, 2006, and, in particular, those prescribed by Regulation 2.1 and the Code, are applicable to all seafarers within the meaning of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(d). Seafarers’ employment agreement. A copy of the agreement on board. The Committee notes the Government’s indication that Section 7(5) of Act No. 146/2015 foresees that, while aboard the ship, seafarers shall have a copy of their employment agreements in their possession. The Committee notes that this provision imposes an obligation on the seafarer, while paragraph 1 (d) of Standard A2.1 places such obligation on the shoulders of the shipowner, prescribing that measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to these provisions of the Convention (Standard A2.1, paragraph 1(d)).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes the Government’s reference to Sections 344 and 345 of the Labour Code related to termination of employment agreements Noting the Government’s indication that a notice period shorter than the minimum is not foreseen in its legal system, the Committee recalls that Standard A2.1, paragraph 6, provides that a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee notes the Government’s reference to Section 10 of Act No. 146/2015, pursuant to which seafarers' work shall be subject to, alternately, the maximum hours of work or the minimum hours of rest. The decision to base the work of seafarers on hours of work or hours of rest shall be made through a collective agreement, in the employment agreement or, in their absence, by the shipowner. The Committee recalls in this respect that, under Regulation 2.3, each Member shall within the limits set out in Standard A2.3, paragraphs 5–8, fix either a maximum number of hours of work which shall not be exceeded in a given period of time (14 hours in each 24-hour period and 72 hours in each seven-day period), or a minimum number of hours of rest which shall be provided in a given period of time (ten hours in each 24-hour period and 77 hours in each seven-day period) and that this provision should not be interpreted as to giving shipowners the choice of regimes concerning maximum hours of work or minimum hours of rest. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the maximum hours of work or minimum hours of rest are fixed in accordance with Standard A2.3, paragraph 2 of the Convention and are not subject to selective application by shipowners.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes the Government’s reference to Sections 9 and 11 of Act No. 146/2015 of 9 September 2015, according to which the normal period of work of seafarers shall not exceed eight hours per day and 48 hours per week and that seafarers on board shall have one day of rest per week. The Committee recalls that, in accordance with Standard A2.3, paragraph 3, the normal working hours’ standard for seafarers shall also include rest on public holidays. The Committee accordingly requests the Government to indicate how it ensures that the normal working hours for seafarers are in full compliance with the requirements of Standard A2.3, paragraph 3. The Committee also requests the Government to indicate how due consideration has been given to Guideline B2.3.1 regarding working hours of young seafarers.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s indication that, according to Section 17 of Act No. 146/2015 of 9 September 2015, the period of annual leave shall not be less than two and a half consecutive days for each month covered by the employment agreement or a proportionate amount in the case of an incomplete month. It also notes that, without prejudice to the provisions of Act No. 146/2015 of 9 September 2015, the seafarer's annual leave entitlement is established by the Labour Code. The Committee further notes that the Government provides the text of different sections of the Labour Code, some provisions of which, however, do not appear to be in conformity with the requirements of the Convention. Notably, the Committee notes that, while Section 237 (3) of the Labour Code provides that entitlement to leave shall be irrevocable and shall not be replaced by economic or other compensation, even with the worker's consent, Section 238(5) allows the workers to decline to take more than 20 working days of leave or a corresponding proportion of holidays during a given year without losing their wages for that period or their holiday bonuses, which shall be added to the wages for the work performed on those days. Finally, the Committee notes that the Government does not provide information regarding the prohibition of justified absences from work to be considered as part of annual leave. Recalling that each Member shall adopt laws and regulations determining the minimum standards for annual leave for seafarers, taking proper account of the special needs of seafarers with respect to such leave (Standard A2.4, paragraph 1); recalling also that justified absences from work shall not be considered as annual leave (Standard A2.4, paragraph 2) and that any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority, shall be prohibited (Standard A2.4, paragraph 3), the Committee requests the Government to indicate how it gives full effect to these requirements of the Convention, giving due consideration to Guideline B2.4.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. The Committee notes that Section 20 of Act No. 146/2015 of 9 September 2015 describes the circumstances in which seafarers on ships that fly the Portuguese flag are entitled to repatriation. The Committee notes, however, that such circumstances do not include the case “when the seafarers’ employment agreement is terminated by the shipowner”, neither “when the seafarers’ employment agreement is terminated by the seafarer for justified reasons”, as required by Standard A2.5.1, paragraph 1 b). Regarding the latter, the Committee notes that, on the contrary, Section 20 of Act No. 146/2015 of 9 September 2015 prescribes that seafarers are entitled to repatriation in case of “expiration of the employment agreement, except where terminated by the seafarer”. The Committee accordingly requests the Government to indicate the measures taken or envisaged to align its legislation with the requirements of the Standard A2.5.1, paragraph 1 b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication that, according to Section 20(4) of Act No. 146/2015 of 9 September 2015, “shipowners shall not receive from seafarers any form of advance payment towards the cost of repatriation. However, where the seafarer was responsible for the situation that led to the repatriation, the shipowner may recover those costs from the seafarer's wages or other entitlements”. With regard to the possibility provided by the Convention to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned to a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements. The Committee accordingly requests the Government to indicate the measures taken or envisaged to give full effect to the requirements of Standard A2.5.1, paragraph 3 in this respect, as well as to provide details on the relevant legislation or applicable collective bargaining agreements determining the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. The Committee notes the Government’s reference to Section 23 of Act No. 146/2015 of 9 September 2015, according to which shipowners shall compensate seafarers for property damage resulting from the ship's accident, loss or foundering, without prejudice to the compensation owed for termination of an employment agreement and for harm arising from an occupational accident resulting from the loss or foundering of the ship. The Committee recalls that, in accordance with Standard A2.6, paragraph 1, each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner pays to each seafarer on board an indemnity against unemployment resulting from such loss or foundering. The Committee accordingly requests the Government to indicate whether, for the period during which they remain unemployed following the ship’s foundering or loss, seafarers working on board its ships are paid an indemnity at the same rate as the wages payable under the employment agreement. The Committee also requests the Government to indicate how it has given due consideration to Guideline B2.6 of the Convention in this respect.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that Legislative Decree No. 280/2001 of 23 October 2001, to which the Government refers, has been repealed. It notes that Section 28 of such Legislative Decree specified that Guidelines for the development and implementation of training programs as part of the education or the employment system should be established through a joint ordinance of the Ministry of Education, the Ministry of Labour and Solidarity and the ministry responsible for the work of seafarers and that Guidelines for the development and implementation of training programs for merchant marine officers should be established through a joint ordinance of the Ministry of Education and the Ministry for Social Infrastructure. The Committee requests the Government to inform whether the aforementioned guidelines have been adopted, as well as to provide information regarding the content of national policies to promote employment and to encourage career development of seafarers, as required by Regulation 2.8.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that ships constructed before 20 August 2014(date of entry into force of the Convention for Portugal) shall comply with the provisions for accommodation under the Accommodation of Crews Convention (Revised), 1949 (No. 92) and that Decree No. 43.026 of 23 June 1960 incorporates the provisions of Convention No. 92 and repeals all provisions that conflict with such convention and its implementing regulations. The Committee also notes the provisions of the DMLC, part I, according to which all new ships which keel is laid, or is in equivalent stage of construction on or after 20 August 2014, shall comply with the provisions for accommodation under the MLC, 2006. The Committee recalls in this respect that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards for accommodation and recreational facilities of the Convention and are inspected to ensure initial and ongoing compliance with those standards. The Committee accordingly requests the Government to indicate the measures taken to give effect to Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention including detailed information on Flag State inspections.

Regulation 3.2 and Standard A3.2, paragraph 8. Food and catering. Ship’s Cook. Minimum Age. Regarding the prohibition to employ or to engage seafarers under the age of 18 as a ship’s cook, the Committee notes the Government’s indication that legislation is being drafted in this respect. The Committee accordingly requests the Government to inform about the progress made in this regard and to provide a copy of such legislation once adopted.

Regulation 4.1 and Regulation 4.2 and the Code. Medical care on board and ashore. Shipowners’ Liability. The Committee notes the Government’s reference to Section 21 of Act No. 146/2015 of 9 September 2015, dealing with sickness and accidents, according to which shipowners shall provide treatment and pay the costs thereof for seafarers with a non-occupational natural disease or an accident, including essential dental care, that requires treatment on land in a country other than Portugal. For these purposes, shipowners shall provide the seafarer with board and lodging during the treatment period on board, on land or while awaiting repatriation. The Committee further notes paragraph 12 of the DMLC, Part I, stipulating that shipowners shall ensure seafarers’ illness and injuries treatment, and shall bear the respective costs, when the seafarer is onboard suffering from a natural illness or from an injury which is not an occupational injury and needs treatment, away from his national territory, which includes basic dental care. The Committee finally notes that Section 21, paragraph 6 of Act No. 146/2015 of 9 September 2015 foresees that the regulations governing compensation for occupational injuries and diseases shall be set out in specific legislation. Noting that no information has been provided regarding such specific legislation governing compensation for occupational injuries and diseases of seafarers, the Committee requests the Government to provide detailed information on the regime applicable in this respect and to provide a copy of the relevant regulations. Noting the Government’s reference to the provisions of the DMLC, part I (paragraph 16) regarding financial security to ensure compensation in the event of death or long-term disability of seafarers due to an occupational injury, illness or hazard, the Committee recalls that, in accordance with Standard A4.2.1, paragraph 1(b), each Member shall adopt laws and regulations requiring shipowners to provide such financial security. The Committee further notes the Government’s indication that legislation in this respect is currently being drafted. The Committee accordingly requests the Government to inform about the progress made in this regard and to provide a copy of relevant legislation once adopted.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that general principles of occupational safety and health, established in the general regime governing the promotion of occupational safety and health, are set out in Act No. 102/2009 of 10 September 2009 and are applicable to all workers, including those who work on board ships. The Committee observes that the provisions of Act No. 102/2009 of 10 September 2009 are of a general nature and that, although they address some matters directly linked to seafarers (in Sections 14, 21 and 77), they do not appear to cover all the requirements under Regulation 4.3 and Standard A4.3 and consequently do not address all the specificities of work on board ships. The Committee also notes the provisions contained in the DMLC, Part I, in relation to health and safety protection and accident prevention, imposing some obligations on shipowners. The Committee observes that, since the Government has not provided an example of Part II of the DMLC, it does not have any information on shipowner practices or on-board programs for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8). Regarding reporting of occupational accidents, injuries and diseases, the Committee notes the Government’s reference to Directive No. 2009/18 as well as to the Bureau of Maritime Accident Prevention and Investigation (GAMA) and a model notification form that is used to report maritime – including occupational – accidents and incidents occurring within or outside the scope of Directive No. 2009/18 and of domestic law. The Committee notes, however, that such model notification form has not been provided with the report. It further observes that issues covered by the Directive No. 2009/18, to which the Government refers, relate to Regulation 5.1.6 of the Convention, dealing with marine casualties. The Committee finally notes that the Government does not provide details on the implementation of the requirements of Standard A4.3., paragraphs 5 and 6, and, notably, regarding protection of seafarers’ personal data. The Committee recalls that each Member shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag (Regulation 4.3, paragraph 3). It further recalls that each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations (Regulation 4.3, paragraph 2). In light of the above, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.5 and the Code. Social security. The Committee notes that for seafarers on board ships registered in the national shipping register the Government, in accordance with Standard A4.5, paragraphs 2 and 10, has specified the following social security branches: sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee also notes that for seafarers on board ships registered in the international shipping register of Madeira (RIM), the Government has specified the following branches of social security: sickness benefit; employment injury benefit and maternity benefit. Noting that medical care benefit is not included in the list of social security branches specified, either with respect to the national shipping register, or to the international shipping register of Madeira, the Committee invites the Government to give due consideration to the Guideline B4.5, paragraph 1, according to which the protection to be provided at the time of ratification of the Convention should at least include the branches of medical care, sickness benefit and employment injury benefit. The Committee also notes the Government’s indication that for eligible workers, the employment injury benefit is handled in the same way as the sickness benefit. It further notes the Government’s information that occupational injuries are covered through occupational injuries insurance, which is compulsory for all workers and is normally provided by employers through private insurers. Noting that the Government has not provided information on the legislative texts applicable in this respect, the Committee requests the Government to indicate the applicable legislation. The Committee further notes the Government’s reference to a number of legislative texts applicable to other social security benefits which are provided to seafarers. The Committee requests the Government to provide more detailed information on these benefits’ regimes, including reference to relevant provisions of the applicable legislation. Noting that no information has been provided on the following matters, the Committee requests the Government to : i) indicate any bilateral or multilateral arrangements in which Portugal participates regarding the provision of social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2; Standard A4.5, paragraphs 3, 4 and 8); ii) clarify whether shipowners’ and, if applicable, seafarers’ contributions to relevant social protection and social security systems or schemes are monitored to verify that the contributions are made (Standard A4.5, paragraph 5; see guidance in Guideline B4.5, paragraphs 6 and 7); iii) indicate what fair and effective procedures for the settlement of disputes relating to social security for seafarers have been established (Standard A4.5, paragraph 9); iv) inform whether any measures are adopted for providing benefits to non-resident foreign seafarers working on ships flying the Portuguese flag, as required by Standard A4.5, paragraphs 5 and 6.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. Noting that no information has been provided in this respect, the Committee requests the Government to indicate and outline the content of the legal provisions or principles under which compensation must be paid for any loss or damage from the wrongful exercise of the inspectors’ powers.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes the Government’s indication that Act No 18/2012 of 7 May 2012, transposing Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2012, establishes fundamental principles governing the investigation of accidents in the maritime transport sector. It further notes that Legislative Decree No. 236/2015 of 14 October 2015 establishes the Bureau of Maritime Accident Prevention and Investigation and the Meteorology Authority for Aeronautics in charge of such investigations. The Committee further notes the Government’s indication that a serious injury may be classified as a less serious marine casualty, in which case there is no obligation to conduct an initial assessment or a safety investigation. The Committee finally notes that, according to provisions of Section 6 (2) of Act No 18/2012 of 7 May 2012, obligation to investigate is reserved only to very serious marine casualties. Noting that in case of serious marine casualty leading to injury the holding of an investigation is optional under Portuguese legislation, the Committee recalls that Regulation 5.1.6, paragraph 1, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure full conformity with this requirement of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Noting that the Government does not provide information regarding implementation of the requirements of Regulation 5.2.1 and the Code, the Committee requests the Government to provide all the relevant information in this respect.

Additional documents requested. The Committee notes that the Government has not provided some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); a copy of the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5.1, paragraph 2); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1); an example of a document (e.g. Part II of the DMLC) outlining a shipowner’s practices or on-board programs (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a list of all seafarers’ shore-based welfare facilities and services operating in the country; a copy of a report or review prepared by a welfare board on the welfare services (Regulation 4.4); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment, information on the budgetary allocation for the administration of such system and the total income received on account of inspection and certification services (Regulation 5.1.1); the following statistical information: i) number of ships flying your country’s flag that were inspected for compliance with the requirements of the Convention; ii) number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections; iii) number of full-term (up to five years) maritime labour certificates currently in force; and iv) number of interim certificates issued (Standard A5.1.3); an example or examples of authorizations given to recognized organizations(Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13; a standard document issued to or signed by inspectors setting out their functions and powers, and a copy of any national guidelines issued to inspectors, with a summary of the content of these documents in English, French or Spanish if they are not in one of those languages (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), with an indication of the content in English, French or Spanish if the documentation is not in one of those languages; number of authorized officers appointed by the competent authority and information on the qualifications and training required for carrying out port State control; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; the following statistical information: number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the Convention (including seafarers’ rights).

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the Government’s first report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations of the General Workers’ Union (UGT), the Confederation of Trade and Services of Portugal (CCSP) and the Confederation of Portuguese Business (CIP) communicated with the Government’s reports.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information on the occupational safety and health measures taken by the Government in the context of the COVID-19 pandemic, including the adoption of a number of Decrees and Ordinances related to occupational safety and health (OSH), as well as the guidelines issued by the Department of Health and the recommendation issued by the Working Conditions Authority (ACT). The Committee also notes the information provided by of the CCSP that a working group was established to monitor labour matters during the crisis arising from the COVID-19 pandemic, chaired by the Inspector-General of the ACT, with the participation of the social partners, and that this working group has held monthly meetings. Further, the Committee notes the observations of the UGT that the COVID-19 pandemic has presented many challenges with respect to occupational safety and health. The UGT states that it is extremely important to involve trade unions and employers’ representatives in the development of effective policies in order to generate the trust required for a safe return to work, improved coordination between trade unions and inspection services and a modification of current inspection practices in order to ensure that they reflect these new circumstances. The UGT further indicates that it is concerned at the increased number of non-binding occupational health guidelines, which lack applicable penalties and may not adequately protect workers. The Committee hopes that the concerns expressed by the UGT as well as issues related to measures to be taken to provide a safe and healthy working environment in the context of the COVID-19 pandemic will be addressed within the tripartite working group that has been established.

Article 2(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. The Committee notes the Government’s indication in its report that it is still considering the ratification of relevant OSH Conventions, including the Occupational Health Services Convention, 1985 (No. 161). In this regard, the Government indicates that consultations with employers’ and workers’ organizations have been initiated in order to consider the feasibility of this ratification. The Committee requests the Government to continue to provide information on any developments in this regard, including the outcome of the consultations.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. The Committee notes the Government’s indication that industrial accidents are recorded by the ACT and that occupational diseases are recorded by the Department of Occupational Risk Prevention of the Social Security Institute and compiled as statistics by the ISS Office of Planning and Strategy. The Government also indicates that during the discussions in the ACT Advisory Council on the National Occupational Safety and Health Strategy (ENSST) for the period 2015–2020, the need for a mechanism for collecting and analysing data on occupational injuries and diseases was identified, and subsequently measure No. 15 on this issue was included in the Strategy. The Committee also notes that the UGT in its observations alleges that concerning occupational diseases, statistical data is insufficient and unreliable due to lack of notification. The Committee requests the Government to communicate its comments on these observations. With reference to its comments under Article 11 of the Occupational Safety and Health Convention, 1981 (No. 155), and its 2002 Protocol, it also requests the Government to provide information on the development of a mechanism for collecting and analysing data on occupational injuries and diseases, as foreseen in Measure No. 15 of the ENSST (2015–2020), indicating how the implementation of this measure has contributed to progress on this issue.

Article 4(3)(h). Support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on any support mechanisms established for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 5(1). Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes that after the completion and evaluation of the ENSST 2008–2012, the ENSST 2015–2020 “Towards safe, healthy and productive work” was discussed and agreed upon with social partners and adopted by the Council of Ministers through resolution 77/2015 of 18 September 2015. The Government also indicates that the first Occupational Health Programme (PNSOC) 2009–2012, designed to protect and promote the health of all workers by providing a healthy working environment and promote the coverage and quality of occupational health departments, was subsequently extended to the period 2018–2020. The Committee requests the Government to provide information on the results obtained through the application of the ENSST 2015–2020 and the PNSOC 2018–2020. It also requests the Government to provide information on any evaluation carried out of both the strategy and the programme, in consultation with the social partners, and on how this evaluation contributes to the formulation of subsequent strategies and programmes.

Article 5(2)(a), (b) and (d). Requirements of the national programme and application of the Convention in practice. Development of a national preventative safety and health culture. Elimination or minimization of work-related hazards and risks. Objectives, targets and indicators enabling the evaluation and periodic review of the national programme on OSH. The Committee notes that the Government indicates that two of the three strategic objectives of the ENSST (2015–2020) are: (i) to reduce the number of industrial accidents by 30 per cent and the incidence of such accidents by 30 per cent; and (ii) to reduce the risk factors for occupational diseases. It also indicates that one of its six operational objectives of the above-mentioned strategy is to prevent occupational diseases and industrial accidents. In this respect, the Committee notes the statement of the CIP that the operational objectives of the ENSTT include specific goals and indicators and identify the entities to be involved, including the social partners. In addition, the Committee notes that the Government adds that the Operational Programme for the Promotion of Occupational Safety and Health (PROAP), which contains three sub-programmes on information and divulgation, occupational training, and studies and applied research, was approved in January 2019 and is currently in force. The Committee also notes that the UGT indicates that Portugal continues to have a high rate of both serious and fatal occupational accidents, and is among the highest in Europe. Precisely, it indicates that according to the latest Global Economic Prospects: (i) in 2016, 138 workers died due to occupational accidents (almost 50 per cent of whom worked in the civil construction and the processing industry sectors); (ii) in 2017 and 2018, 125 and 149 fatal occupation accidents were recorded respectively, and (iii) until May 2019, 31 and 71 fatal and serious occupational accidents respectively were recorded. The Committee requests the Government to provide its comments in this respect. It also requests the Government to communicate information on the results achieved through the implementation of the ENSST 2015–2020 and the PROAP in comparison to the objectives established, indicating how they have contributed to reducing the level of occupational accidents in the country. The Committee also requests the Government to communicate statistics on occupational accidents, disaggregated by type of accident (serious and fatal), age, gender and sector.

Comments adopted by the CEACR: Portugal

Adopted by the CEACR in 2021

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C143 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C188 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C129 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Issues specifically concerning agriculture

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C187 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Portugal

Display the list by:

Adopted by the CEACR in 2021

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C143 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C188 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C129 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Issues specifically concerning agriculture

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C187 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)