Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 131) sur la fixation des salaires minima, 1970 - Portugal (Ratification: 1983)

The Committee notes the extension in 1998 of the statutory coverage of the minimum wage to the domestic sector, in which the rate of the minimum wage was the lowest of all sectors. It also notes that the adjustment of the minimum wage in the domestic sector has generally been higher than in other sectors, with a view to bringing it progressively closer to the level of wages in industry and services, as occurred with the minimum wage in agriculture as from 1991. The Committee requests the Government to continue providing information in future reports, as it has done up to now, on changes in the minimum wage in the domestic sector in accordance with Article 1 of the Convention.

The Committee notes that Act No. 45/98 of 6 August 1998 established a minimum wage irrespective of the age of the worker, thereby abolishing the reduction of 25 per cent in the minimum wage envisaged for workers under 18 years of age. The Committee notes that, in accordance with section 4(1)(a), (2), (3) and (4) of Act No. 45/98, the minimum wage of apprentices and workers during periods of training may be reduced by 20 per cent. This reduction cannot be made for a period of more than one year and may be even limited to six months in the circumstances envisaged in section 4(3) (workers who have followed vocational technical training). Under the terms of section 4(5), it is the responsibility of the employer to ensure that there is no violation of the principle that "equal wages shall be paid for equal work".

The Committee recalls that it noted, according to the General Confederation of Portuguese Workers (CGTP-IN), that employers resort to the practice of employing apprentices and workers undergoing training with a view to paying lower wages. Taking into account the fact that the Government confines itself to recalling the provisions of section 4(1)(a), (2), (3) and (4) of Act No. 45/98, the Committee requests the Government to provide information on the measures adopted to prevent any abuse of these provisions of the Act.

The Committee also notes that, according to the Government, workers with reduced capacity for work, where such reduction is equivalent to the difference between full capacity for work and the coefficient of the actual capacity for the performance of the work or for determined activities, and where such a difference is over 10 per cent, do not receive the entire minimum wage, although their remuneration may not be reduced by more than 50 per cent, without prejudice to the principle that "equal wages shall be paid for equal work".

The Committee hopes that the Government will continue to provide general information on the application of the Convention in practice, and particularly on the results of inspections carried out (for example, the number of violations of minimum wage provisions reported, the penalties imposed), in accordance with Article 5 of the Convention and Part V of the report form.