Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Employment Policy Convention, 1964 (No. 122) - Portugal (Ratification: 1981)

Articles 1, 2 and 3 of the Convention. Implementation of an active employment policy. The Committee takes notes of the detailed report provided by the Government for the period ending May 2008 which contains comments from the General Confederation of the Portuguese Workers – National Trade Unions (CGTP-IN) and the General Workers’ Union (UGT). In its previous observation, the Committee asked for information on the manner in which the employment objectives of the National Action Programme for Growth and Employment 2005–08 (PNACE) have been obtained, particularly in terms of reducing the number of long-term unemployed and improving the efficiency of the employment services. According to the CGTP-IN, there has been no improvement in the employment situation since the adoption of the PNACE, as economic growth is still far below the EU average and the employment rate has been progressively rising. The CGTP-IN points out that the precariousness in employment was also on the rise as non-permanent contracts increased, rising from 19.8 to 22.4 per cent. Referring to the process of restructuring undergone by enterprises to adapt to increasingly globalized markets, the UGT stresses the importance of creating joint committees to follow up upon the implementation of agreements, in particular as regards employment planning and personnel training plans, so that representatives of workers may participate more effectively in the restructuring process. While recognizing that the overall unemployment rate has showed a rising trend since 2001, the Government underlines that long-term unemployment decreased in 2007, which confirmed the effectiveness of the measures specifically targeting young persons, and adults, and are being implemented to modernize the public employment services. The Committee notes with interest the Tripartite Agreement on a New System of Labour Regulations, Social Protection and Employment in Portugal, signed on 25 June 2008, which envisages the adoption of active employment measures to facilitate the transition from unemployment to employment, namely for long-term unemployed and workers from disadvantaged groups. The Committee notes that the Tripartite Agreement also provided for a reform of the Labour Code in order to modernize employment protection by introducing greater flexibility in the employment relationship and that this reform has been adopted through Law No. 7/2009 of 12 February 2009. The Committee notes with interest that the objectives of full and productive employment were set forth in the tripartite agreements. The Committee invites the Government to provide information in its next report on the extent to which the difficulties encountered in attaining the objectives of the Convention have been overcome and on the effects of legislative and other measures adopted to improve employment security for workers who have benefited from the provisions of Act No.7 of 2009.

Measures to promote employment among vulnerable workers. The CGTP-IN states that the employment situation has further deteriorated for disadvantaged workers. Unemployment among women is increasingly higher than among men, especially long-term unemployment, and significant inequalities still exist between men and women in the labour market. The CGTP-IN also indicates that unemployment and precariousness in employment among young persons and migrant workers has been rising since 2004, whereas the percentage of Portuguese workers leaving the country to work abroad has increased. In its report, the Government describes in detail the measures implemented for particularly disadvantaged categories of workers, such as women, young persons, older workers, persons with disabilities, socially excluded groups and immigrants. The Committee invites the Government to include updated information in its next report on the results achieved by the measures adopted to promote employment for vulnerable categories of workers, with particular regard to the implementation of the relevant provisions of the Tripartite Agreement of 25 June 2008.

Education and training policies. The CGTP-IN states that adolescent school drop-outs have decreased only slightly between 2004 and 2007 and that only 52.9 per cent of youngsters aged 20 to 24 had attained secondary education levels in the second semester of 2007. Participation of adult workers aged 25 to 65 in continuous training had declined as the Government did not take measures to ensure the observance of the legislation allowing workers to benefit from a minimum of 35 hours of vocational training every year. The CGTP-IN also reports that workers with higher qualifications still have greater access to continuous training than low-skilled workers. The Government refers to the adoption of the Tripartite Agreement on the Reform of Vocational Training concluded on 14 March 2007 with the aim, among others, of creating the conditions needed to attain the objectives of the initiative Novas Oportunidades, namely increasing the secondary-school enrolment rate and improving youth and adult qualifications. The Committee welcomes the information provided in the Government’s report on the application of the Human Resources Development Convention, 1975 (No. 142), and asks the Government to continue to provide updated information on the measures taken to coordinate education and training policies with employment in the context of the recent reform of vocational training, with particular reference to the implementation of the right to training provided under the Labour Code.