Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

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

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1). Legislative developments. Extension of scope. Algorithms and artificial intelligence. The Committee notes with interest that, pursuant to the adoption of Law No. 13/2023 of 3 April 2023, Article 24(3) of the Labour Code now provides that legal provisions on equality and non-discrimination are applicable to decision-making based on algorithms or other artificial intelligence systems. The Committee asks the Government to provide information on the application of Article 24(3) of the Labour Code in practice, in particular the manner in which it is enforced (means of proof, sanctions and remedies).

Articles 1 to 3. Equality of opportunity and treatment. Discrimination based on sex. The Committee notes, from the Government’s report, that a final report on implementation of the Action Plan to combat discrimination linked to sexual orientation and gender identity and expression for 2018–21 (PAIOEC) was published by the Committee for Citizenship and Equality (CIG) in 2022, concluding that 85 per cent of the PAIOEC had been implemented. It further notes that a new PAOIEC (2023–26) was adopted through Resolution No. 92/2023 of the Council of Ministers dated 14 August 2023. The Committee notes that, in its observations, the CIP considers that special attention should be paid to promoting equality with respect to “gender identity” through measures promoting equality in education systems and awareness-raising activities aimed at the public, enterprises and workers, given the relevance of the cultural dimension in matters of discrimination, especially societal beliefs and attitudes. The Committee asks the Government to provide information on: (i) the implementation and practical results of the PAOIEC (2023–26), as well as any obstacles identified; and (ii) any training and awareness-raising activities carried out, including in cooperation with employers’ and workers’ organizations, on combating discrimination and addressing prejudices and stereotypes on the grounds of gender identity, gender characteristics and gender expression in employment and occupation.

Sexual harassment. The Committee welcomes Portugal’s progress in adopting workplace harassment codes, and notes that by the end of 2023 all regulatory bodies and 42 per cent of municipalities had such codes in place. It also acknowledges the country’s ratification of the Violence and Harassment Convention, 2019 (No. 190). It further acknowledges the Commission for Equality in Labour and Employment (CITE)’s training and awareness activities on gender equality and sexual harassment. However, once again, the Committee notes the absence of data on the adoption and use of codes of conduct by private companies and observes that only one sexual harassment case was identified in 2021 and none in 2022, despite extensive inspections (39,786 in 2021 and 46,483 in 2022). In that respect, the Committee notes that, in its concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) was concerned by the persistence of sexual harassment in the workplace (E/C.12/PRT/CO/5, 30 March 2023, para. 20). The Committee wishes to recall that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on the fundamental Conventions, paras 870–871). Noting the apparent underreporting of sexual harassment cases, the Committee calls on the Government to strengthen awareness-raising efforts, provide comprehensive data on reported cases (e.g. number of cases of sexual harassment at work identified, both in the public and private sectors, sanctions imposed and remedies granted), and facilitate broader adoption of workplace harassment codes, particularly in the private sector.

Persons with disabilities. The Committee welcomes the detailed information provided by the Government regarding the employment of persons with disabilities and the development of tools for recording, addressing and monitoring questions or doubts raised by enterprises and applications for waiver. It further notes the significant increase in the number of jobs offered to persons with disabilities (from 3,664 in 2022 to 6,016 in 2023) following the adoption of Law No. 4/2019 of 10 January 2019 which provides for employment quotas for people with disabilities. However, it also notes that the number of persons with disabilities placed only went from 1,436 in 2022 to 1,519 in 2023. According to CGTP-IN observations: (1) private sector companies continue to employ a very low percentage of persons with disabilities (in the past 5 years, the rate has only gone from 0.51 per cent to 0.59 per cent) and in the public sector, the prevalence of workers with disabilities also remained almost unchanged from 2.4 per cent in 2017 to 2.8 per cent in 2021; and (2) inequalities persist, in particular with respect to access to employment and exposure to the risk of poverty and social exclusion for persons with disabilities, affecting more women than men. Similarly, the Committee notes that, in its concluding observations, the CESCR expressed concern about the low level of integration of persons with disabilities into the labour market (E/C.12/PRT/CO/5, para. 18). The Committee asks the Government to: (i) intensify efforts to raise awareness on prejudices and stereotypes against persons with disabilities as regards employment and occupation; (ii) promote the tools developed for enterprises to overcome obstacles to the employment of persons with disabilities; and (iii) provide updated, disaggregated data on the employment of persons with disabilities.

Age. The Committee notes, based on the observations from CGTP-IN, that recent studies indicate a rise in age discrimination, with company policies often disadvantaging certain groups. Women in the 40–45 age range face higher risks of job loss, while young workers are frequently offered less favourable working conditions and lower wages due to their age. The Committee requests the Government to provide information on cases of age discrimination in employment and occupation addressed by the competent authorities, as well as any policy measures implemented to combat such discrimination.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Article 1(b). Work of equal value. Legislation. Scope of comparison. Referring section 23(1)(d) of the Labour Code which limits the scope of comparison of «work of equal value» to work «performed at the service of the same employer», the Committee notes the Government’s statement that, at present, the ACT only verifies wage equality among workers of a given enterprise. In that regard, the Committee notes with regret that the Government did not take the opportunity of the revision of the Labour Code in 2023 to give full expression to the principle of the Convention. It recalls 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 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, like this is the case in Portugal, 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, paras 697–698). The Committee again asks the Government: (i) to take any measures to ensure cross-workplace comparison when assessing the equal value of jobs, in conformity with the scope of comparison envisaged by the Convention; and (ii) to provide information on the measures taken to raise awareness of labour inspectors, judges, prosecutors, and other relevant officials regarding the scope of the principle of the Convention.

Articles 1 and 2. Wage transparency. The Committee notes the Government’s indication that the CITE: (1) carried out several training sessions and awareness-raising activities to promote wage transparency and equal remuneration between men and women among employers, workers and other interested parties; and (2) developed specific tools to assist employers in their effort to implement Law No. 60/2018, of 21 August 2018, to promote equal pay between men and women for equal work or work of equal value, including through the publication, in 2022, of a Job Evaluation Guide using objective criteria applicable to both men and women, in 2025, and of guiding principles on the elaboration of evaluation plans on wage disparities within the company. The Government adds that, from 2020 to 2023, the CITE received three applications requesting an opinion on the existence of gender-based wage discrimination and issued binding opinions concluding that there was existence of such discrimination in two cases and notified the Working Conditions Authority (ACT). In that regard, the Committee notes that, in 2023, the ACT notified 1,540 companies to submit evaluation plans, covering a total of 270,000 workers, and identified 45 violations for failure to submit the plan to correct wage differences: 34 for failure to implement the plan, and six for failure to communicate the results of the plan’s implementation. In January 2025, the ACT begins new investigation action to ensure compliance with Law No. 60/2018 and notified around 4,000 companies of potential disparities in pay differences between men and women, resulting from the data provided by the entities in the Unique Report (Relatório Único) which enterprises are required to complete each year. These employers will have to submit a pay gap assessment plan to the ACT within 120 working days, which must assess the pay gaps identified, verify the assessment and corrective measures taken, and demonstrate that these gaps are not due to discriminatory practices. The Committee notes that, in its observations, the CIP highlights that the implementation of Law No. 60/2018 has created additional administrative burden for enterprises and questions have been raised regarding its application, particularly in the calculation of pay differences on the basis of data provided by enterprises, which is done with limited information on the sex, qualifications, professional categories, remuneration and seniority of workers. Enterprises have also raised questions regarding pay gap assessment plans that they are expected to adopt. The Committee notes that the Government acknowledges the need to encourage and provide incentives for promoting the implementation of Law No. 60/2018 by taking additional measures to complement those contained in the Law. In that context, the Committee welcomes the Government’s indication that Portugal is engaged in the process for the transposition of the European Union Pay Transparency Directive into the national legislation. The Committee encourages the Government to pursue its efforts to promoting awareness of and compliance with Law No. 60/2018, particularly regarding enterprise reporting obligations. It requests information on: (i) any legislative adjustments, including those related to the EU Pay Transparency Directive (to be transposed by 7 June 2026); (ii) assessments of enterprise compliance with transparent wage policies, including ACT notifications and measures taken in cases of non-compliance; and (iii) actions to strengthen the law’s implementation and address identified gender pay gaps.

Article 3. Objective job evaluation. The Committee welcomes the publication of CITE’s 2022 Job Evaluation Guide, which establishes four objective criteria – skills, effort, responsibilities, and working conditions – for assessing jobs for both men and women. However, it regrets the continued lack of information on actual job evaluation exercises conducted in the public and private sectors. The Committee therefore requests details on measures taken to promote and implement objective job evaluation methods, as well as data on job evaluation exercises carried out since the adoption of Law No. 60/2018, including the criteria applied and steps taken to ensure fair implementation.

Conventions Nos   100 and 111 – Application in practice

Articles 2(2)(c) of Convention No. 100 and 3(a) of Convention No. 111. Collective agreements and gender equality. The Committee notes that, in 2022, the CITE analysed 274 collective agreements out of which 51 were deemed to be unlawful or discriminatory while only 79 were analysed in 2023 with one being unlawful or discriminatory. The most frequent violations found by the CITE in the collective agreements examined referred to paternity leave and changes introduced in the Labour Code in 2019 regarding leave, absences from work and dismissal. The Committee asks the Government to continue to provide information on the examination of collective agreements made by the CITE from a gender perspective and the discriminatory provisions identified. It further asks the Government to provide information on any measures taken by the social partners to amend or repeal such clauses, as well as any awareness-raising activities carried out among the social partners to promote gender equality in employment and occupation, including equal remuneration for men and women.

Enforcement. The Committee asks the Government to: (i) take appropriate measures to strengthen enforcement of legal provisions on equality and non-discrimination in employment and occupation through targeted labour inspections and effective access to procedures as well as effective application of sanctions; and (ii) continue to provide information on the number of cases of discrimination in employment and occupation, disaggregated by ground of discrimination, including unequal remuneration, dealt with by the CIG, the CITE, the ACT or the courts, and their outcomes.

In addition, the Committee recalls the outstanding comments concerning [the Workers with Family Responsibilities Convention, 1981 (No. 156), previously adopted by the Committee, to which the Government will be invited to respond in accordance with the reporting cycle.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

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

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3. Equality of opportunity and treatment for men and women. Addressing sex discrimination, gender stereotypes and occupational segregation. The Committee notes the adoption of a new Action Plan for Gender Equality (PAIMH) for the period 2023–26, in the framework of the National Strategy for Equality and Non-Discrimination 2018–30 (ENIND), as well as of Law No. 13/2023 amending the Labour Code, which extends paternity leave and strengthens protection against discrimination linked to parental and caregiving rights (sections 25.5, 25.7 and 43.1). The Committee welcomes the recent legal reforms. The CGTP-IN reports that, despite these initiatives, little progress has been achieved in practice, with women still under-represented in leadership and technical fields and traditional gender roles reinforced in education and society. The CIP argues that legislation alone cannot overcome these barriers, emphasizing the need to address societal attitudes, career segregation, and insufficient childcare infrastructure through practical cooperation between policymakers and social partners. The United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) similarly expressed concern about entrenched stereotypes and the unequal burden of unpaid care work limiting women’s participation in the labour market (E/C.12/PRT/CO/5, 30 March 2023, para. 14). The Committee urges the Government to: (i) address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values; and (ii) intensify efforts, together with the social partners, to achieve substantive gender equality, challenge occupational segregation, and provide updated data on men’s and women’s participation across sectors and occupational levels.

Gender equality plans. The Committee notes, from the observations made by the CIP that, according to the 2023 Progress Report on Equality Between Women and Men in Work, Employment and Vocational Training published by the Government, 127 enterprises out of a total of 451 (i.e. 28 per cent) had submitted an equality plan to the Commission for Equality in Labour and Employment (CITE), pursuant to section 7 of Law No. 62/2017 of 1 August 2017, out of which only 65 plans met all the legal requirements. It further notes the Government’s indication, in its report, that, despite training and awareness-raising conducted, compliance remains weak, partly because there are no penalties for non-submission and limited understanding among employers of the strategic value of equality plans for improving workplace equality and human resource management. The Committee urges the Government to: (i) identify the obstacles preventing enterprises (including public enterprises) from fulfilling their obligations; (ii) strengthen awareness and training for both employers and workers; and (iii) report on the measures taken and their impact on the number and quality of equality plans submitted by both public and private entities.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. Migrants, refugees, foreign workers and people of African descent. The Committee welcomes Portugal’s efforts to ensure equality of opportunity and treatment irrespective of race, colour, national extraction, or social origin, focusing on migrants, refugees, foreign workers, people of African descent, and Roma communities. The Committee takes note, from the Survey on Living Conditions, Origins and Trajectories of Population Resident in Portugal (ICOT), published by the National Statistics Institute (INE), that in 2023, 16.1 per cent of people aged 18 to 74 (more than 1.2 million) experienced discrimination in the country, of which 40.1 per cent referred to skin colour, territory of origin or ethnic group. In this context, the Committee welcomes the creation of the Commission for Equality and Against Racial Discrimination (CICDR) by Law No. 3/2024 of 15 January 2024, which includes representatives from workers’ and employers’ organizations. The CICDR: (1) aims at preventing and combating discrimination based on racial and ethnic origin, colour, nationality, language, descent, and territory of origin; and (2) is competent to collect and disseminate information, and to receive complaints and initiate administrative proceedings. In this regard, the Committee notes that, in its observations, the CGTP-IN indicates that the necessary measures to make the CICDR function have not been taken. It also reiterates that discrimination in labour and employment persists against migrants, refugees and foreign workers, who are mostly less qualified workers, more precarious, with lower pay and more subject to occupational accidents, without any concrete measures taken to address such discrimination. The CGTP-IN adds that there has been some intensification of racism, xenophobia and discrimination, fuelled by the proliferation of hate speech and violence. In that regard, the Committee notes that, in its concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern at reports indicating that Africans and people of African descent are victims of multiple and intersectional forms of racism and discrimination in significantly higher proportions than other groups, particularly in the workplace and in terms of access to employment, education and social security (CERD/C/PRT/CO/18-19, 24 May 2023, para. 29). Finally, the Committee notes that the European Commission against Racism and Intolerance (ECRI), in its Report on Portugal published on 18 June 2025, while noting some progress in the recent years, expressed concern at the sharp rise in hate speech in the country, predominantly targeting migrants and Black people, and the lack of a specific action plan for the integration of migrants.

Roma people. The Committee acknowledges ongoing initiatives – such as the extension of the National Strategy for Integration of Roma Communities, education and employment programmes, and the development of a Manual of Local Practices – but notes that Roma communities continue to face deep-rooted discrimination. Data show that over half of Roma adults report experiencing discrimination, they remain over-represented among the lowest income groups, and their labour market participation and educational outcomes lag behind the general population. Both the CERD and ECRI, in its 2025 Report, observe that Roma people remain among the most marginalized communities in Portugal, with inadequate funding and mostly short-term projects limiting progress and urge the Government to intensify efforts, including special measures, to promote Roma inclusion in quality education, sustainable employment, and broader social integration (CERD/C/PRT/CO/18-19, 24 May 2023 paras 27 and 28).

The Committee urges the Government to intensify efforts to combat stereotypes and prejudices against migrants, refugees, foreign workers, people of African descent, and Roma communities, ensuring equal opportunity and treatment in employment and occupation. It requests the Government to provide detailed information on the measures taken to prevent and address discrimination – particularly through collaboration with employers’ and workers’ organizations and the effective operation of the Commission for Equality and Against Racial Discrimination – as well as assessments of their impact and data on discrimination complaints and their outcomes. With respect to Roma people, the Committee calls for continued, sustainable efforts to improve their access to education, vocational training, and the labour market, supported by evidence of progress and evaluation of results.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap. The Committee welcomes the Government’s ongoing initiatives to promote equal pay between men and women, including awareness-raising activities by the CITE, which awarded gender pay equality seals to over 17,000 enterprises in 2022 and 14,000 in 2023. It takes note of the 2023 publication of a Portuguese Standard (NP 4588:2023) and a technical report (TR 4589:2023) designed to help organizations implement equal pay systems and understand their legal obligations. The CIP nonetheless highlights that these tools are not widely accessible and that the gender pay gap results from multiple interconnected factors – such as direct discrimination, occupational segregation, stereotypes, and work–life balance issues – requiring joint efforts from policymakers and social partners. The Committee notes that, according to the 2025 Gender Wage Gap Barometer, the overall gender pay gap has narrowed slightly since 2018 but remains significant at 12.5 per cent for basic salary and 15.4 per cent for total earnings, with the largest disparities in sectors like finance, education, and healthcare. Women continue to be under-represented in higher-level positions despite having higher qualifications, with the pay gap in managerial roles exceeding 24 per cent. The Committee also notes that the CITE received only one complaint of unequal pay between 2021 and 2024, suggesting limited enforcement or awareness. In that regard, the Committee notes that, in its concluding observations, the CESCR, noted the insufficient means of monitoring the compliance of the safeguards put in place to address the gender pay gap (E/C.12/PRT/CO/5,30 March 2023 para. 20). The Committee urges the Government to strengthen efforts to close the gender pay gap, address its structural causes, and provide detailed data on pay disparities by sector, occupation, and gender across both public and private employment.

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

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

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.

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

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.

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

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.

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

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and of the General Workers’ Union (UGT), both received on 28 August 2017, as well as of the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), received on 1 September 2017, all forwarded by the Government.

Article 1(1)(a). Discrimination based on sex. The Committee previously noted that Law No. 28/2015 includes “gender identity” as a prohibited ground of discrimination under section 24(1) of the Labour Code and requested the Government to provide information on its application in practice. While regretting the lack of information provided by the Government in that regard, the Committee notes with interest the adoption of Law No. 38/2018, of 7 August 2018, on the right to the self-determination of gender identity and gender expression and to the protection of the sexual characteristics of each person, which establishes a general prohibition of direct or indirect discrimination on the grounds of gender identity, gender characteristics and gender expression and provides that private entities shall comply with the Law (section 2). The Committee further welcomes the adoption of the Action Plan to combat discrimination linked to sexual orientation and gender identity and expression for 2018–21, which sets as specific objective to promote knowledge about and combat discrimination on the basis of sexual orientation, gender identity and expression and gender characteristics. The Committee asks the Government to provide information on the application of section 24(1) of the Labour Code and section 2 of Law No. 38/2018 in practice, including by providing 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 dealt with by the labour inspectorate, the courts or any other competent authority. It asks the Government to provide information on any measures implemented to prevent and address discrimination on the grounds of sexual orientation, gender identity and expression and gender characteristics in employment and occupation, including in the framework of the Action plan for 2018–21. The Committee asks the Government to provide information on the measures taken to raise awareness of these new legislative provisions among workers, employers and their representative organizations, as well as among law enforcement officials and competent authorities.

Sexual harassment. The Committee previously noted the initiatives and awareness-raising activities carried out by the Commission for Equality in Labour and Employment (CITE) on harassment in the workplace and requested the Government to continue to foster awareness on preventing and combating sexual harassment in the workplace. The Committee notes the Government’s indication in its report, that a transnational project on “Sexual and psychological harassment in the workplace” was implemented from January 2014 to April 2016, in collaboration with the CITE, the Norwegian Association of Local and Regional Authorities (KS) and the Working Conditions Authority (ACT), to identify and define sexual and psychological harassment in the labour market in Portugal; raise awareness of the issue among strategic target populations; and exchange experience and good practices between Portugal and Norway. The Government adds that as a result of the project: (i) training was provided to targeted groups, such as social partners, employers and public administration officials; (ii) a specific study was undertaken; (iii) a training manual was issued on “preventing and combating sexual and psychological harassment in the workplace”; and (iv) a specific website was set up where instances of harassment in the workplace may be reported. The Committee notes that the National Strategy for Equality and Non-Discrimination for 2018–30 (“Portugal + Igual” – ENIND), approved on 21 May 2018 by Resolution No. 61/2018 of the Council of Ministers, sets as specific objective to prevent and address violence against women and domestic violence, including by promoting a culture of non-violence and tolerance. The Committee welcomes the adoption of Law No. 73/2017 of 16 August 2017 strengthening the legislative framework for the prevention of harassment which, inter alia: (i) introduces an obligation on companies with more than seven employees to adopt a code of conduct on harassment in the workplace and commence a disciplinary process when an alleged situation of harassment in the company is reported; (ii) increases the rights to compensation for harassment victims; and (iii) grants protection against victimization and dismissal to the victims and witnesses of harassment practices. It notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that a “Guide for the elaboration of the Code of good Conduct for the prevention and fight against harassment at work” was published in 2018. The Committee notes from the statistical information provided by the Government that between 2014 and 2017, the CITE received only three complaints relating to sexual harassment. Welcoming the initiatives undertaken, the Committee asks the Government to continue to provide information on the proactive measures taken, including within the framework of the National Strategy for Equality and Non-Discrimination for 2018–30, to foster awareness among employers and workers and their organizations with respect to the importance of preventing and combating sexual harassment, including by providing information on the application of the provisions of Law No. 73/2017, as well as on the procedures and remedies available to harassment victims. It asks the Government to provide information on the number of codes of conduct on harassment in the workplace that have been adopted by companies, as well as on their impact. The Committee asks the Government to provide information on the number of cases of sexual harassment at work dealt with at the enterprise level, as well as by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted.

Article 1(1)(b). Additional ground of discrimination. Disability. The Committee recalls that section 24(1) of the Labour Code prohibits discrimination on the ground of disability. It notes, however, that in its 2016 concluding observations, the United Nations (UN) Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about: (i) discrimination and inequality in employment and the conditions of work of persons with disabilities, in particular women; (ii) the working conditions of persons with disabilities in the Occupational Activity Centres, including their average wage; and (iii) the fact that when persons with disabilities exercise their right to work and engage in employment the most common outcome is employment in such centres (CRPD/C/PRT/CO/1, 20 May 2016, paragraph 51). The Committee asks the Government to provide information on the proactive steps taken to prevent and address discrimination against persons with disabilities in all aspects of employment and occupation, including access to employment, access to vocational training, and terms and conditions of employment, and on the results achieved. It asks the Government to provide updated information on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

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. These included, in particular, the Fifth National Plan for Gender Equality, Citizenship and non-Discrimination 2014–17. While noting the Government’s indication that the implementation reports of the Fifth National Plan show that the overall implementation rates were good, the Committee notes that the CGTP-IN points out that the economic and financial crises, combined with increasing unemployment and labour instability, have resulted in an increase in discrimination, in particular towards more vulnerable groups such as women. The CGTP-IN refers to the persistence of gender stereotypes and occupational gender segregation, as well as discrimination in recruitment and promotion, and adds that while 41 per cent of male graduates are employed in senior management positions, only 29 per cent of women graduates are employed in such positions. The Committee notes that the CIP indicates that occupational segregation is a challenge and highlights the need for addressing cultural stereotypes to ensure that women and men have access to a greater diversity of careers, including by enhancing girls and women access to technical and scientific occupations and promoting entrepreneurship for women and men. The Committee notes, from Eurostat, that in 2017 the employment rate for women remained below that of men (71.6 per cent for women compared to 77.9 per cent for men), while the unemployment rate of women was still high (11.3 per cent for women compared to 8.6 per cent for men). It notes that the National Strategy for Equality and Non Discrimination for 2018–2030 (ENIND) specifically aims to promote equality between women and men, including by: (i) eliminating sex discrimination and promoting equality between women and men in policies and actions, at all levels of public administration; (ii) guaranteeing conditions for a full and equal participation of women and men in the labour market and in professional activity; (iii) guaranteeing conditions for education and training that are free from gender stereotypes; and (iv) promoting equality between women and men in higher education and in scientific and technological development. The Government adds that the Human Potential Operational Programme POPH, revised in February 2014, also increased support for the promotion of gender equality through Priority Area 7 on gender equality which sets, as a specific general objective, the promotion of equal opportunity in hiring and employment with a focus on combating horizontal and vertical labour market segregation. The Committee notes with interest the adoption of Law No. 62/2017 which defines, in sections 4 and 5, minimum thresholds for both sexes in boards and supervisory bodies of public companies and other public entities (33 per cent as of 1 January 2018) and private listed companies (20 per cent as of 1 January 2018 and 33 per cent as of 1 January 2020). It notes that if the levels set are not achieved within the indicated time frames the company may be subjected to fines and other administrative sanctions (section 6 of the Law). It welcomes the adoption of Law No. 26/2019 of 28 March 2019, which defines a minimum 40 per cent threshold of women and men among top civil servants in public administration, and in public higher education institutions and associations. The Government further indicates that, in order to encourage employers in achieving gender equality, the Equality and Quality Award (PIQ) continues to publicly recognize companies which, in addition to complying with the legislation on gender equality and non-discrimination, actively promote gender equality in labour, employment and occupational training. The Committee notes the Government’s indication that as result of the partnership between the CITE and private sector organizations and public enterprises, the Gender Equality Project (IGEN) – Business Forum for Gender Equality was established in order to bring together enterprises and organizations to promote measures fostering gender equality and combating all forms of gender-based discrimination in employment. It further notes that since June 2017, the CITE initiated a training cycle called "Equality Workshops" aimed at analysing gender gaps in labour market indicators, combating labour segregation and discrimination and promoting gender equality by deconstructing gender stereotypes and preconceived ideas. The Committee notes, from the statistical information provided by the Government, that between 2014 and 2017, 422 complaints were received by the CITE of which 82 involved discrimination based on sex. It further notes, from the statistical information of the Working Conditions Authority forwarded by the Government in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the number of labour inspections decreased from 39,306 in 2015 to 25,339 in 2016, and that between 2014 and 2016, 85 cases of infractions concerning equality and non-discrimination were identified, of which seven related to discrimination in access to employment, 17 related to prohibition of discrimination and one case related to equality in conditions of employment. The Committee notes that the UGT expresses concern with regard to the decrease in the number of labour inspections targeting vulnerable groups over the last years and points out that a lack of judicial decisions does not mean a lack of discrimination in practice, but may be linked to the fact that victims are reluctant to make complaints as a result of stigmatization, costly procedures and a lack of confidence. The Committee asks the Government to continue to provide information on the steps taken to promote equality of treatment and opportunity between men and women in law and in practice, and on the results achieved, in particular in order to address gender stereotypes and vertical and horizontal occupational gender segregation. It asks the Government to provide information on the specific measures adopted to raise awareness, in particular among women, of the principle of the Convention and the available procedures and remedies, as well as on the number, nature and outcome of cases of gender discrimination in employment detected by the labour inspectors or dealt with by the CITE, the courts or any other competent authorities. The Committee asks the Government to provide 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 following the adoption of Resolution No. 19/2012 of 8 March 2012, which obliges enterprises in the public sector and encourages enterprises in the private sector to adopt plans to achieve gender equality, including in management positions and to evaluate their implementation, approximately 100 plans were evaluated in the private and the public sectors in 2012. Regretting the lack of updated information provided by the Government on the number and nature of equality plans adopted, the Committee notes that section 7 of Law No. 62/2017 of 1 August 2017, imposes on companies the duty to develop their 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. Noting that enterprises in both the public and private sectors are now required to develop annual equality plans, the Committee asks the Government to provide information on the number and nature of gender equality plans adopted in public and private enterprises, including information on the results achieved.

Equality of opportunity and treatment on the grounds of race, colour, national extraction or social origin. Roma people. The Committee previously noted that the National Strategy for Integration of Roma Communities 2013–20 (ENICC) includes several measures with a view to improving employment and education of members of the Roma community as well as the establishment of the Observatory of Roma Communities (OBCIG), 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 notes the Government’s indication that for the period 2013–14, 77 per cent of the targets set in the ENICC were met or exceeded, in particular concerning the promotion of the fight against discrimination and awareness-raising activities. The Government, however, adds that the partners responsible for the implementation of the ENICC have jointly identified a number of challenges in pursuing the established priorities, including budgetary constraints; the need to involve a broader range of public and private actors and the need to establish a mechanism for the participation and involvement of civil society organizations, in particular Roma associations. The Government indicates that in 2015, within the framework of the ENICC, the Office of the High Commissioner for Migration launched the National Strategy Support Fund (FAPE), which grants financial support to experimental and innovative projects designed to promote and combat discrimination against Roma communities. As a result, three projects were established in 2016: (i) two projects concerning the promotion of vocational training; and (ii) a project aimed at establishing a Roma entrepreneurship website to promote information and awareness-raising and to share good practice. The Committee notes that, in 2017, the Office of the High Commissioner for Migration launched the Roma Associations Support Programme to encourage the active participation of Roma Associations in ENICC’s implementation. It further notes that several activities were undertaken to foster the employability of Roma people under the ENICC, which was revised in 2018 – with more action-based measures, clearer indicators and yearly targets – and the duration of which was extended to 2020–22. The Government further refers to the adoption of Act No. 93/2017 of 23 August 2017, revising the legal framework on prevention, prohibition and combating of discrimination based on the grounds of racial or ethnic origin, colour, nationality, descent and place of origin. The Government adds that in implementing the Act the Office of the High Commissioner for Migration took on the task of coordinating interventions in all sectors regarding prevention, inspection and punishment of acts of discrimination, and that the membership of the Commission was broadened to include representatives from the Roma community. The Committee notes, from the 2019 report submitted by the Government in the context of the Universal Periodic Review (UPR), that between January and August 2018, the Commission for Equality and Against Racial Discrimination (CICDR), received 211 complaints, which corresponds to an increase of 75.8 per cent compared to the same period in 2017, attributed to awareness raising campaigns and training (A/HRC/WG.6/33/PRT/1, 4 March 2019, paragraph 29). It notes that, in the context of the UPR, the Advisory Committee on the Framework Convention for the Protection of National Minorities of the Council of Europe highlighted the need for resolute measures to put an end to discrimination against Roma regarding access to adequate education and employment, and recommended that the Government put an end to the practice of placing Roma pupils in separate classes, and identify measures to prevent absenteeism and early dropout from school among Roma children, in particular girls. The Committee notes that similar concerns were expressed by the European Commissioner for Human Rights and the European Union Agency for Fundamental Rights (A/HRC/WG.6/33/PRT/3, 20 February 2019, paragraphs 16 and 53). The Committee notes that the United Nations Human Rights Council, in the context of the UPR, recommended that the Government strengthen measures to combat the discrimination against, and segregation of, Roma people and take effective steps to improve their access to education and employment (A/HRC/42/7, 4 July 2019, paragraph 137). The Committee asks the Government to continue to take specific steps to ensure effective equality of opportunity and treatment of Roma people in employment and occupation, particularly with respect to access to employment and vocational training and education. It asks the Government to provide information on any steps taken to that end, within the framework of the National Strategy for Integration of Roma Communities 2013–22 or otherwise, as well as the results achieved, by providing a copy of any reports evaluating their impact. The Committee also asks the Government to provide information on the number, nature and outcome of cases of discrimination against Roma people dealt with by the CICDR, the labour inspectors, the courts or any other competent authority, as well as statistical data on the participation of Roma people in education and vocational training, as well as in the labour market, disaggregated by sex.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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 shall be undertaken by the CITE, and any provision found not to comply with the law in terms of equality and non-discrimination, shall be referred to the Attorney-General’s Office. It further noted that an information guide on “Drafting Provisions of Collective Labour Regulation Instruments with a Gender Equality and Non-Discrimination Perspective” was launched in 2012. The Committee notes the Government’s indication that in 2016, 215 instruments of collective labour regulation were assessed by the CITE, of which 19 contained a total of 48 unlawful provisions and the contracting parties were notified and asked to respond. The Government adds that, in most situations where the CITE has considered that the provisions were discriminatory, the parties have accepted the opinion sent to them and voluntarily made amendments, without the need for recourse to legal channels. Furthermore, in 2014, training on mainstreaming gender equality into instruments of collective labour regulation was provided. The Committee asks the Government to continue to provide information on the evaluation of collective agreements from a gender perspective, on the follow-up given to those provisions of the collective agreements found not to be in compliance with equality and non-discrimination provisions, and on the impact of this process on improving equality of opportunity and treatment between men and women through collective agreements.

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

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and of the General Workers’ Union (UGT), both received on 28 August 2017, as well as of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN), received on 1 September 2017, which have all been forwarded by the Government.

Articles 1 and 2 of the Convention. Legislative developments. Equal pay between men and women and wage transparency. The Committee notes with interest the adoption of 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, which establishes a set of measures intended to contribute to a better implementation of the principle of the Convention. It notes that these new measures include: (i) a duty for companies to implement a transparent wage policy (section 4); (ii) the collection of national data on the gender pay gap, providing that, every year, the Ministry of Employment and Social Affairs will publish detailed statistical data on the salary gap between men and women, at general and sectoral levels, as well as statistical data by company, profession and qualification level, based on the annual balance sheet provided by the companies (section 3); (iii) the strengthening of the role of the Working Conditions Authority (ACT), which, following the publication of the above-mentioned statistical data, may notify companies to present in a period of 12 months an “evaluation plan on wage disparities within the company” and correct those amounting to discrimination (section 5); and (iv) also strengthening the role of the Commission for Equality in Labour and Employment (CITE), to which workers and union representatives may make requests to provide advice on alleged gender pay discriminatory practices inside a company and in respect of which it may issue binding opinions on situations of potential pay discrimination on the ground of sex, compelling the employer, who may be subjected to a fine, to eradicate such situation (section 6). The Law also provides the dismissal of, or the application of disciplinary measures against a worker within one year of their making such requests to the CITE is presumed unlawful (section 7). The Committee asks the Government to provide information on the practical implementation of Law No. 60/2018 of 21 August 2018, including by providing data on the level of compliance with the statutory implementation of transparent wage policy 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 CITE. The Committee asks the Government to provide information on the measures taken to raise awareness of the provisions of Law No. 60/2018 among workers, employers and their representative organizations, as well as among law enforcement officials and competent authorities, any obstacles identified in its implementation, and, if any, the measures taken or envisaged to overcome them.

Work of equal value. Scope of comparison. The Committee recalls 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 notes that, in the framework of the supervision of the European Social Charter by the European Committee of Social Rights, the Government indicated that it did not seem possible to compare two or more enterprises for wage purposes as the differences in wages could be attributable to the differences in organisation of work, investment, or type of business, which are the key elements determining workers’ remuneration (2014 and 2016 Conclusions on Article 4(3) and 20 of the European Social Charter, documents 2014/def/PRT/4/3/EN and 2016/def/PRT/20/EN). The Committee notes that the UGT expresses further concern at the lack of legal clarity of the definition of the term “work of equal value”. The Committee recalls 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 General Survey on the fundamental Conventions, 2012, paragraphs 697–698). The Committee 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 between 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 decision.

Assessing and addressing the gender pay gap. The Committee previously requested the Government to adopt specific measures to reduce the gender pay gap and address its causes, and to ensure that workers are not discriminated against with respect to pay bonuses or in their performance assessment, due to their family responsibilities. The Committee notes that the CGTP-IN and the UGT both reiterate their concerns about the persistence of indirect wage discrimination against women, in particular as regards bonuses which are linked to personal appraisal and are generally higher for higher positions were women are less represented. Furthermore, the lack of period of absence is generally set as a criteria for determining the amount of the bonus, which indirectly discriminates against women who bear more family responsibilities, unpaid care work being estimated at 25 hours and 24 minutes per week for women compared to nine hours and 24 minutes for men. The trade unions add that such indirect wage discrimination against women is reflected by the persistent differences between the gender pay gaps concerning basic remuneration and overall remuneration, which, the Committee notes, stood at 15.8 per cent and 19.1 per cent respectively in 2017, according to a report published by CITE. The Committee notes that, according to Eurostat, the unadjusted gender pay gap decreased from 17.8 per cent in 2015 to 16.3 per cent in 2017. The Committee however notes from the 2017 CITE report, that the gender pay gap remains wider in higher positions despite the fact that women have reached higher levels of education and qualification than men, being estimated at 26.2 per cent for the average monthly basic remuneration and at 27.7 per cent for the average monthly overall remuneration. In that regard, it notes that women represented only 34.3 per cent of workers in high ranking and managerial positions (CITE report, 2017, pages 26, 29, and 33–35). The Committee notes that the CGTP-IN further highlights that more women than men are receiving the minimum wage (28.9 per cent and 18.5 per cent respectively in October 2016) and that, as a result of the gender pay gap, women have lower social benefits, including unemployment and illness benefits, as well as lower pensions. It further notes that the CIP considers that the gender pay gap is linked to cultural stereotypes which should be addressed by ensuring that women can access a greater diversity of career opportunities, including by enhancing girls’ and women’s access to vocational training and technical and scientific occupations, as well as by promoting women’s entrepreneurship. The Committee notes the Government’s indication, in its report, that several legislative and policy measures have been adopted by the Government to promote gender equality and equal pay between men and women. Referring to its above comments on Law No. 60/2018, the Committee takes note in particular of: (i) resolution No. 11-A/2015 of 6 March 2015, which introduces measures to promote gender equality in management and supervisory positions and establishes mechanisms to promote equal pay by identifying and analysing wage differentials between women and men in priority in sectors with higher gaps, with enterprises being requested to implement a strategy to eliminate identified wage differentials; (ii) Ministerial Ordinance 84/2015 of 20 March 2015 which introduces a new incentive for the promotion of gender equality in the labour market by providing financial support for employers who recruit job seekers whose genre is underrepresented in a specific occupation; as well as (iii) the National Strategy for Equality and Non-Discrimination for 2018–30 “Portugal + Igual” (ENIND) which aims, inter alia, at promoting equality between women and men. The Committee further notes that, since 2014, two assessment tools are available on the CITE’s website, namely a self-assessment survey on equal pay between men and women and a gender pay gap calculator (calculator DSG), which enable companies to analyse pay structure and understand whether the pay differences are gender based. It notes, from the 2019 Government’s report under the national level review of implementation of the Beijing Declaration, that in 2018, 860 users logged in 1,004 times to the gender pay gap calculator and 159 did the self-assessment survey. The Committee asks the Government to pursue its efforts to address the gender pay gap and to provide information on the concrete measures implemented, in the framework of the National Strategy for Equality and Non-Discrimination for 2018–30 “Portugal + Igual” (ENIND) or otherwise, to effectively address the gender pay gap and its underlying causes, such as vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. Referring to its 2019 direct request on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156), it asks the Government to indicate the specific measures taken to ensure that workers are not discriminated against with respect to pay bonuses or in their performance assessment, due to their family responsibilities. The Committee further asks the Government to provide information on the number of enterprises in the public and private sectors that have identified or reported the existence of pay differentials and the corrective measures implemented to address them, as well as on any measures taken to ensure that wages set in sectors predominantly employing women are not based on a gender biased undervaluation of the work performed. It asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(c). Collective agreements. The Committee recalls that sections 492(2)(d) and (e) of the Labour Code provides 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, and section 479 provides that 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. It further recalls that, pursuant to section 26 of the Labour Code, whenever a collective agreement or internal provision of company regulations restricts a certain type of remuneration to men or to women, these stipulations are automatically applicable to employees of both sexes, provided they perform equal work or work of the same value. Recalling 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 number of agreements on remuneration reached through collective bargaining, together with a summary of their provisions on wage determination and equal remuneration. The Committee further asks the Government to provide information on the application in practice of sections 26, 479 and 492(2)(d) and (e) of the Labour Code.

Article 3. Objective job evaluation. Referring to its previous comment where it requested the Government to provide information on the number of job evaluation exercises carried out in those public or private enterprises that had reported pay differentials between men and women in accordance with resolution No. 18/2014, the Committee notes the Government’s indication that such information is being assessed. It notes however that the CGTP-IN highlights the lack of implementation of resolution No. 18/2014 concerning the elaboration of report by companies on gender pay equity and proposed measures to overcome it. The Committee notes that Law No. 60/2018 imposes a duty for companies to have transparent pay policies based on the application of gender-neutral job evaluations and enables the ACT, through a specific mechanism, to notify companies to produce a plan assessing pay disparities and to correct those amounting to discrimination. The Committee 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. It 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.

Enforcement. In its previous comments, the Committee requested the Government to continue to provide information on relevant opinions of CITE and the activities carried out by both CITE and the Commission for Citizenship and Gender Equality (CIG) for the promotion of the principle of equal remuneration for work of equal value. It also requested the Government to provide information on the enforcement activities of the labour inspection services relating to the application of the Convention. The Committee notes the Government’s indication that awareness-raising activities on equal remuneration between men and women were continued by CITE, among which the National Equal Pay Day. It notes more particularly, from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that CITE has been working in collaboration with employers from both the private and public sectors in order to implement, monitor and disseminate specific gender equality activities, in particular with regard to tackling the gender pay gap. The Government indicates that from January 2014 to May 2017, 422 complaints were received by CITE of which only three related to pay inequality. The Committee further notes, from the statistical information provided by the Government, that, from 2014 to 2016, labour inspections were carried out in 92,383 establishments and 85 cases of infractions concerning equality and non-discrimination were identified, of which only one related to inequality in conditions of employment. Observing that no specific information is provided on any case of pay inequality identified by labour inspectors, it notes that no judicial decision was handed down on this issue. The Committee notes that the CGTP-IN expresses concern at the lack of monitoring of working conditions and implementation of the legislation by the labour inspectorate, as well as at the lack of sanctions and redress of pay inequity situations. In light of the very low number of complaints and cases concerning inequality of remuneration officially registered, the Committee asks the Government to provide information on any proactive steps taken, including by CITE and CIG, 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 detected by or brought before the Working Conditions Authority, CITE, the courts or any other competent authorities, the sanctions imposed and remedies granted.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations from the General Confederation of Portuguese Workers (CGTP) and from the General Union of Workers (UGT), communicated with the Government’s report which refer to the issues already raised in the comments below.

Articles 1 and 2 of the Convention. Gender pay gap and occupational sex segregation. In its previous comments, the Committee requested the Government to take concrete measures to reduce the remuneration gap between men and women and to provide information on their impact. The Committee notes, in this respect, that the CGTP highlights the limited progress on differentials in the remuneration of men and women workers over recent years and indicates that the existing remuneration differential is due primarily to pay discrimination, occupational sex segregation in the labour market and part-time work. Furthermore, the Committee notes that the CGTP and the UGT indicate that pay bonuses and unilateral performance assessment regimes constitute a factor of discrimination against women workers because any absence, regardless of its cause, is recorded. This may include absences due to maternity leave and to family responsibilities. Concerning the adoption of measures to reduce the gender pay gap, the Committee notes the enactment of Resolution No. 13/2013 of 8 March of the Council of Ministers, establishing measures that promote and guarantee equality between men and women in the labour market, including the elimination of gender pay gaps and labour market segregation. Moreover, Resolution No. 18/2014 of 5 March of the Council of Ministers establishes a set of measures to reduce the gender pay gap, including the obligation for enterprises in the public sector and the recommendation for enterprises in the private sector with more than 25 employees, to draft a report on the remuneration received by women and men in order to identify and prevent unjustified differences in pay and to take measures to address these differentials. The Committee notes that the Government refers in this respect to the adoption of the V National Plan for Gender Equality, Citizenship and Non-Discrimination 2014–17, which includes strategic goals aimed at reducing gender inequalities in remuneration and provides for a periodic assessment of the evolution of remuneration differentials by gender.

The Government further refers to the report on remuneration disparities drafted by the Commission for Equality in Work and Employment (CITE) in 2013, according to which, in 2011 women received an average monthly basic wage that was 18 per cent lower than that received by men, and an average monthly remuneration that was 20.9 per cent lower than that of men. The higher the skill or education level, the greater the differential in favour of men. This was particularly notable in senior positions (72.2 per cent for average basic salary and 71.2 per cent for average remuneration). The gender pay gap was less marked for lower skilled categories, such as trainees and apprentices (5 per cent and 8.2 per cent for average basic wage and total remuneration, respectively). According to the same source, the gender pay gap declined slightly in 2013, to reach 17.9 per cent. The Government further indicates, in this respect, that the gender pay gap was larger in those sectors predominantly employing women and smaller in sectors predominantly employing men. The Committee requests the Government to indicate how it is ensured that workers are not discriminated against with respect to pay bonuses or in their performance assessment, due to their family responsibilities. It also requests the Government to continue to adopt specific measures to reduce the gender pay gap and address its causes, both in senior and lower-skilled positions. The Committee requests the Government, in particular, to take measures to increase the representation of women in middle and higher income levels, as well as in those jobs predominantly occupied by men. The Committee requests the Government to continue to provide information on any developments in this respect including on the implementation of Resolutions Nos 13/2013 and 18/2014 of the Council of Ministers and the number of enterprises in the public and private sectors that have reported the existence of pay differentials and the measures they have taken to address them, as well as on any measures taken to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed as well as on any measures included in the equality plans adopted at the enterprise level.

Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to continue to provide information on the results of the project “Revaluing work to promote equality” as well as the number of enterprises that have adopted the methodological guide in practice and the sectors covered. The Government indicates that a guide to applying job evaluation free from gender bias was produced, and that in 2011 and 2012, studies were published concerning the adaptation of the job evaluation method to different sectors, such as textile, clothing, and leather sectors. The Committee requests the Government to continue to provide information on the measures taken to promote and implement objective job evaluation methods in the private and public sectors, including the sectors concerned, the results achieved and whether this has led to any adjustments in pay. It requests the Government, in particular, to provide information on the number of job evaluation exercises carried out in those public or private enterprises that had reported pay differentials between men and women in accordance with Resolution No. 18/2014.

Austerity measures. In its previous comments, the Committee requested the Government to provide information concerning the impact of the austerity measures adopted to address the economic and financial crisis on equality and non-discrimination policies. The Committee notes that the Government indicates that, even though the gender pay gap has increased, this has been a consistent trend since 2002, and cannot be attributed to austerity policies. The Committee notes, however, that the Committee on the Elimination of Discrimination against Women, in its concluding observations of November 2015, expressed its concern at the detrimental and disproportionate impact on women in many spheres of life caused by the austerity measures, and at the fact that only a few studies and evaluations had been conducted to monitor the gender-specific effects of such measures (CEDAW/C/PRT/CO/8-9, 24 November 2015, paragraph 8). The Committee also notes that the CGTP refers to the wage cuts in the public sector, which employs primarily women (56 per cent), and to wage freezes, which mostly affect women (in 2013, 16.5 per cent of the employees earning the minimum wage were women and 8.7 per cent were men). The Committee requests the Government to indicate if the austerity measures are still in place and, if this is the case, to take measures to ensure that they have no impact on equality and non-discrimination policies and measures either being implemented or to be applied in the future, in particular with respect to differentials in remuneration and occupational job segregation.

Practical information. In its previous comments, the Committee requested the Government to continue to provide information on relevant opinions of the CITE and the activities carried out by both the CITE and the CIG for the promotion of the principle of equal remuneration for work of equal value. It also requested the Government to provide information on the enforcement activities of the labour inspection services relating to the application of the Convention. The Committee notes that the Government indicates that only four complaints of pay inequality were received during the period 2011–13, by the CITE and that it has not issued any opinions on this matter. The Government also indicates that awareness-raising activities on remuneration equality between men and women were carried out, such as the workshop “Wage Equality between Women and Men – An applied Experience” and information was disseminated in the media, in this regard. The Committee requests the Government to continue to provide information on the opinions issued and the activities carried out by the CITE as well as on any violation detected by the labour inspection services relating to the application of the Convention, including on the remedies provided and sanctions imposed.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations from the General Confederation of Portuguese Workers (CGTP) and from the General Union of Workers (UGT), communicated with the Government’s report.

Article (1)(b) of the Convention. Gender identity. The Committee notes with interest that pursuant to the Law 28/2015, which was adopted on 14 April 2015, “gender identity” is now included as a prohibited ground of discrimination under section 24(1) of the Labour Code. The Committee requests the Government to provide information on its application in practice.

Articles 1 and 2. Discrimination on the grounds of race, colour, national extraction or social origin. The Committee has been referring to the measures needed to foster the integration of Roma people, particularly with respect to access to employment and education. The Committee notes the Government’s indication that the National Strategy for Integration of Roma Communities 2013–20 includes several measures with a view to improving employment and education of members of the Roma community as well as the establishment of the Observatory of Roma Communities (OBCIG). The Committee also notes the implementation of the project for Municipal Mediators by the Office of the High Commissioner for Immigration and Intercultural Dialogue (ACIDI), which is intended to facilitate Roma people’s access to public services and facilities, particularly in the sphere of education and employment, by incorporating Roma mediators at the municipal level. Moreover, a national study on Roma communities was elaborated by the OBCIG, and awareness-raising activities on the need to combat racial discrimination were carried out by the Commission for Equality and Against Racial Discrimination (CICDR) and the ACIDI. Regarding procedures and remedies against racial discrimination, the Committee notes that in 2011 and 2012, 173 cases were brought before the CICDR, of which 31 concerned labour discrimination with only three resulting in final decisions involving the imposition of fines. In this regard, the Committee notes that according to the European Commission against Racism and Intolerance (ECRI), the fact that racial discrimination complaints procedures are lengthy, have numerous stages and rarely result in a positive outcome for the victim explains why so few discrimination cases are reported (CRI(2013)20, 9 July 2013, paragraphs 32 and 36). The Committee requests the Government to continue to take specific measures to foster the integration of Roma people, particularly with respect to access to employment and education and to provide information thereon, including statistical information concerning their situation in the labour market. The Committee further requests the Government to provide information on the effectiveness of the measures already taken and the results of the monitoring of the level of integration of Roma people undertaken in the framework of the National Strategy for Integration of Roma Communities 2013–20. The Committee once again requests the Government to take measures to improve the effectiveness and accessibility of procedures and remedies against racial discrimination and to continue to provide information on the cases brought before the CICDR and their outcome.

Article 2. Equality of opportunity and treatment between men and women. In its previous comments, the Committee requested the Government to continue to provide information on the policies and measures adopted for the promotion of gender equality. The Committee notes, in this respect, that the CGTP refers to the difficult situation that women, in particular those with family responsibilities and those between 40–45 years, have to face due to the austerity measures. The UGT refers to the existing disparities in labour market participation between men and women. The Committee notes that the Fifth National Plan for Gender Equality, Citizenship and non-Discrimination 2014–17 incorporates a range of measures including for the reduction of entrenched inequalities between women and men in the labour market, for the promotion of women entrepreneurship, for the promotion of the implementation of plans to achieve equality in private undertakings, for the monitoring of compliance with standards of these plans in the public sector companies, and for the boosting of mechanisms to facilitate women’s access to financial decision-making positions. The Committee also notes that the evaluation of the National Plan for Gender Equality is periodically published on the website of the Commission for Equality in Labour and Employment (CITE). The Committee further notes that the Government has taken a range of legislative and policy measures to improve access of women to employment as well as for the reconciliation of work and family responsibilities. The Committee notes with interest, in particular, the adoption of Law No. 46/2014 and Resolution No. 11 A/2015 of 6 March 2015 of the Council of Ministers, which introduce measures to promote gender equality in management and supervisory positions; Resolution No. 13/2013 of 8 March 2013 of the Council of Ministers, providing a set of measures to guarantee and promote equality of opportunity and results between women and men in the labour market; Law No. 133/2015 of 7 September 2015, which establishes a mechanism against discrimination on grounds of pregnancy and maternity; and Law No. 3/2011 of 15 February 2011, which prohibits any discrimination in access to and exercise of self-employment. The Committee requests the Government to communicate on the results achieved on the measures already taken and to continue to take specific measures to promote gender equality in employment and occupation, and in particular, to improve women’s access to a wide range of jobs and to jobs at higher levels.

Equality plans. In its previous comments, the Committee requested the Government to provide information on the equality plans adopted. The Committee notes the Government’s indication that following the adoption of Resolution No. 19/2012 of 8 March 2012, which obliges enterprises in the public sector and encourages enterprises in the private sector to adopt plans to achieve gender equality, including in management positions and to evaluate their implementation, approximately 100 plans were evaluated in the private and the public sector in 2012. According to the results, in the public sector women represented 27.2 per cent of the members of the governing boards and women were at the head of the governing boards in only 16.7 per cent of the cases, in the private sector women represented only 9.5 per cent of the members of the governing boards and there were no women as heads of governing boards. The Committee requests the Government to continue to provide information on the number and nature of the gender equality plans adopted in public and private enterprises, including information on their effectiveness and results obtained.

Sexual harassment. The Committee has been referring to the need to take specific measures to foster awareness on preventing and combating sexual harassment in the workplace. In this regard, the Committee notes the Government’s indication that the “Sexual and Moral Harassment in the Workplace Project” was approved in 2013, with the objective of carrying out a national survey on harassment in the workplace by the CITE. According to this survey, 14.4 per cent of women and 8.6 per cent of men had suffered sexual harassment in the workplace in 2015. The Government also indicates that the “Information Guide Preventing and Combating Harassment at Work: A self regulation support instrument” was published in 2013 to be used by companies to prevent and combat sexual harassment in the workplace. Moreover, awareness-raising activities on harassment in the workplace were carried out by the CITE. The Government further indicates that 84 infractions related to harassment were identified by the labour inspectors between 2010 and 2013, but that no judicial or administrative decisions involving sexual harassment at the workplace have been adopted. The Committee welcomes these initiatives and encourages the Government to continue to take measures to foster awareness among employers and workers and their organizations with respect to the importance of preventing and combating sexual harassment, including information on the procedures and remedies available to victims. The Committee also requests the Government to provide information on the follow up given to the 84 infractions related to harassment identified by the labour inspectorate between 2010 and 2013 and on any other infraction detected since then. The Committee further requests the Government to continue to provide information on any judicial or administrative decisions relating to sexual harassment in employment and occupation, including on the remedies granted and sanctions imposed.

Article 3. Collective agreements and gender equality. The Committee notes the Government’s indication that following the amendments to section 479 of the Labour Code on 25 June 2012, a preliminary evaluation of collective agreements shall be undertaken by the CITE. Section 479 also provides that any provisions identified in the analysed collective agreements that are found not to comply with the law in terms of equality and non-discrimination, shall be referred to the Attorney-General’s Office. In this connection, the Government indicates that 247 collective agreements were evaluated in 2012 and 2013, 86 non compliant provisions were identified, and 10 CITE’s opinions were submitted to the Attorney-General’s Office. Furthermore, the information guide “Drafting Provisions of Collective Labour Regulation Instruments with a Gender Equality and Non-Discrimination Perspective” was launched in 2012. The Committee requests the Government to continue to provide information on the evaluation of collective agreements from a gender perspective, on the follow-up given to those provisions of the collective agreements found to be not in compliance with equality and non-discrimination provisions, and on the impact of this process on improving equality of opportunity and treatment between men and women through collective agreements.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the General Union of Workers (UGT) dated 2 September 2010. The Committee further notes the observations of the Portuguese Tourism Confederation received on 22 September 2010 according to which no discrimination has been observed in the sector.

Gender pay gap. The Committee notes that the UGT refers to differentials in the remuneration of men and women workers of 23.5 per cent in 2009. The UGT highlights however the positive effects on remuneration differentials of national policies and collective bargaining. The Committee notes that the Government indicates in this regard that the measures to reduce the gender pay gap to be adopted in the framework of the Third National Equality Plan have not been implemented yet. The Government refers however to the European campaign aimed at eliminating remuneration differentials and indicates that the Commission for Equality in Labour and Employment (CITE) is one of the national institutions in charge of its implementation. The Government also indicates that the recommendations of the Commission on the White Paper on Industrial Relations concerning equality and non-discrimination have been adopted in the framework of the revision of the Labour Code, Act No. 7/2009, and refers in particular to the possibility of declaring invalid collective agreements that do not respect the principle of equality (section 479). The Committee notes however that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of occupational segregation of women and men in the labour market, in particular at the fact that women’s higher educational achievements do not translate into equivalent jobs and salary levels, the fact that women make up 59.7 per cent of the registered unemployed persons, and the continuing gender pay gap, where current figures show that the average monthly earnings of women amount to approximately 77.2 per cent of men’s earnings and that at managerial level this percentage is only 70.4. (CEDAW/C/PRT/CO/7*, 1 April 2009, paragraph 41). The Committee notes in this respect that according to the report on the improvement of equality of opportunities between men and women at work, employment and vocational training elaborated by the CITE for the period 2006–08, the increase in these differentials is directly proportional to the level of education of women. Furthermore, the Committee notes that according to Eurostat the unadjusted pay gap has widened in the last years. Indeed, while it was at 8.4 per cent in 2007, it increased to 9.2 per cent in 2008 and was at 10 per cent in 2009. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men and that this requires that governments, along with employers’ and workers’ organizations take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to take concrete measures to reduce the remuneration gap between men and women and to provide information on their impact. Recalling that it had taken note that a study on remuneration disparities was envisaged under the Third National Citizenship and Gender Equality Plan (2007–10), the Committee asks the Government to provide information on the status of this study and to communicate its findings, in particular with respect to the underlying causes of the existing remuneration gap and any measures consequently being considered to address such causes.

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Committee notes that the Government does not give detailed information on this issue. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), with respect to occupational sex segregation which characterizes the Portuguese labour market. The Committee recalls that historical attitudes toward the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, contribute to occupational sex segregation within the labour market, with women being concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates. The Committee therefore reiterates its request for information on any measures taken or envisaged to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed. Please also provide information on any relevant measures included in the equality plans adopted at the enterprise level.

Article 3. Objective job evaluation. In its previous comments the Committee noted the project “Revaluing work to promote equality” and the preparation of a methodological guide, in collaboration with the social partners, intended to provide companies with assistance in the process of job classification. The Government indicates in this respect that the guide was being used in a trial training organized in collaboration with the ILO International Training Centre in Turin. The Committee asks the Government to continue to provide information on the results of the project as well as on the number of enterprises that have adopted the methodological guide in practice and the sectors covered.

Austerity measures. While noting the importance of adopting concrete measures to overcome the current economic and financial crisis affecting the country, the Committee would like to underline the importance of monitoring carefully the impact of the austerity measures taken to address this crisis on the employment situation of men and women, particularly with respect to differentials in remuneration and occupational job segregation. The Committee further considers it paramount to ensure that the progress achieved by previous action taken to promote the principle of the Convention, will not be adversely affected. The Committee asks the Government to provide any relevant information concerning the impact of the austerity measures adopted to address the current economic and financial crisis on equality and non-discrimination policies and measures either being implemented or to be applied in the future, in particular with respect to differentials in remuneration and occupational job segregation. The Committee also refers the Government to its comments made concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in the country.

Part III to V of the report form. The Committee notes the advisory opinions of the CITE indicating that the provision in a collective agreement that granted women workers an allowance for childcare should be understood as benefitting both fathers and mothers. The Committee also notes that the Commission for Citizenship and Gender Equality (CIG) together with the CITE have established the “Equality and Quality” prize that may be awarded on the basis of respect for the principle of the Convention. The Committee further notes that the Human Potential Operation Programme (POPH) promotes the adoption of equality plans within enterprises and has the objective, among others, of reducing differentials in remuneration. The Committee asks the Government to continue to provide copies of relevant opinions of the CITE and to provide information on the activities carried out by both the CITE and CIG for the promotion of the principle of equal remuneration for work of equal value. The Committee further asks the Government to provide information on any violations detected by or brought to the attention of the labour inspection services relating specifically to the application of the Convention as well as on the remedies provided or the sanctions imposed.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the General Union of Workers (UGT) dated 6 September 2010. The Committee further notes the observations of the Portuguese Tourism Confederation received on 22 September 2010 according to which no discrimination has been observed in the sector.

Legislative developments. The Committee notes the adoption of Act No. 7/2009 revising the Labour Code; Legislative Decree No. 295/2009 that modifies the Code on Labour Procedure as well as Act No. 3-A/2010, approving the main lines of the 2010–13 plan.

Article 1 of the Convention. Discrimination on the grounds of race, colour, national extraction or social origin. The Committee recalls that in its previous comments it took note of the adoption of Legislative Decree No. 42 of 10 March 2008 according to which the exercise of itinerant trade was subject to a “trader card”. On that occasion, the Committee requested the Government to provide information on its practical application, including the percentage of trader cards issued to Roma people, as well as on the measures taken to foster Roma’s access to employment and the impact of such measures. In this respect, the Committee notes that Ordinance No. 378/2008 that regulates the implementation of the Legislative Decree does not allow for the determination of the origin or the ethnicity of the “trade card” applicant. The Government further indicates that measures have been taken to improve the situation of excluded groups with respect to their integration, their education and social protection, which also benefited Roma people. Moreover, the High Commissioner for Immigration and Intercultural Dialogue (ACIDI) has adopted a series of measures including the establishment of a Roma Community Support Cabinet that fosters social integration of these peoples. Moreover, the Commission for Equality against Racial Discrimination (CICDR) registered 15 complaints in 2008 and 19 in 2009. The Committee also notes the project carried out under the auspices of the European initiative EQUAL, “Gypsy women becoming autonomous”. The Committee notes, however, that the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) has observed that “Roma frequently face discrimination in access to employment, as well as on the housing market, which limits their opportunities to participate effectively in socio-economic life. Moreover, they seem to have limited access to support for self-employment and the setting up of small businesses, which could constitute alternatives to itinerant trade”. The Advisory Committee has also expressed its concern with respect to “persistent shortcomings with regard to remedies in cases of racial discrimination” (see ACFC/OP/II(2009)003, paragraphs 25, NS 36).

In this regard, the Committee has considered that proactive measures to analyse and address the situation of different groups in the labour market, in cooperation with workers’ and employers’ organizations, and to improve knowledge and awareness among ethic and national minorities about anti-discrimination and equality legislation and enforcement mechanisms and procedures are needed. Policies aimed at combating discrimination against Roma cannot be effective without measures to address stereotypes and prejudices regarding the capabilities and preferences of the Roma and to promote respect and tolerance between all sections of the population, which should be implemented without delay. Regular monitoring of results secured and progress made is essential. The Committee therefore requests the Government to continue to take concrete measures in order to foster the integration of Roma people, particularly with respect to access to employment and education and to provide information thereon, including statistical information concerning their situation in the labour market. It further requests the Government to provide information on the impact of the measures already taken and the results of the monitoring of the level of integration of Roma people undertaken in the framework of the 2008–10 National Plan for Inclusion. It also requests the Government to take measures to improve the effectiveness and accessibility of procedures and remedies against racial discrimination and to continue providing information on the cases brought before the CICDR and their outcome.

Sexual harassment. The Committee notes with interest that article 29 of Act No. 7/2009 that revises the Labour Code prohibits sexual harassment both in the case of quid pro quo and hostile environment. The Committee also notes the Government’s indication that awareness raising activities concerning sexual harassment were carried out by the Ministry of Environment and Territorial Planning. The Government further indicates that the guides for the preparation of the equality plans provide for the due respect of the integrity of both men and women. However, the Committee notes from the Government’s report that in the framework of the 2009 National Equality Plan several entities, both public and private, received assistance from the Government but none of them proposed to carry out an activity aimed at disseminating information on sexual harassment prevention at the workplace. The Committee considers that this might be an indication of the lack of awareness of the public concerning this issue. The Committee further notes the low number of complaints of sexual harassment filed before the Commission for Equality in Labour and Employment (CITE) (two in 2006 and none in 2007 and 2008). Therefore, the Committee requests the Government to take concrete measures to foster awareness among employers and workers and their organizations with respect to the importance of preventing and combating sexual harassment, including information on the procedures and remedies available to victims. The Committee also requests the Government to continue to provide information on any judicial or administrative decisions relating to sexual harassment in employment and occupation as well as on any relevant activities carried out by the labour inspection services.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls that in its previous comments it took note of the persistent vertical and horizontal occupational sex segregation in the labour market, the gender pay differentials and the inequitable distribution of family responsibilities between men and women acknowledged in the Third National Citizenship and Gender Equality Plan (2007–10). In this respect, the Committee notes the observations from the UGT according to which the number of complaints filed before the CITE increased from 36 in 2008 to 164 in 2009. These complaints refer mainly to non-respect of parental leave, particularly leave granted to pregnant or breastfeeding women as well, as to the lack conciliation between professional and family life. The Committee notes that in its last report the Government refers to the evaluation carried out with respect to the Third National Citizenship and Gender Equality Plan (2007–10), according to which, the measures undertaken for the promotion of equality of treatment and opportunities between men and women are well oriented but they would increase their efficiency if they were binding. Concerning the implementation of the National Strategic Reference Framework, the Government indicates that its objectives are as follows: (1) the implementation of equality plans in public and private institutions (30 enterprises have received assistance in 2009); (2) financial and technical support for non-governmental organizations that address gender equality (649 activities of information, sensitization and promotion developed in 2009 covering 50,000 men and 67,000 women); (3) training projects for designated groups (for example: training of trainers, among other subjects, covering 1,369 persons); and (4) support and promotion of enterprises and associations created by women. The Committee further notes that Act No. 7/2009 provides for the possibility that a judge may declare null a collective agreement that is contrary to the principle of equality and non discrimination; it also provides for the prohibition to dismiss pregnant or breastfeeding women as well as workers as well as availing of parental leave without the authorization of the competent authority on equality. With respect to the evaluation of the Second National Equality Plan, the Government indicates that the great majority of the activities carried out in the framework of this Plan concern reconciliation between professional and family life. The Committee further notes the projects developed under the auspices of the European initiative EQUAL such as “Social dialogue and equality in enterprises”, “Different public, equal opportunities”, “Home work”, “Training for equality” and “Citizenship equality” referred to by the Government in its report. While noting the important steps taken by the Government to foster gender equality, the Committee recalls the importance of adopting efficient measures to address both vertical and horizontal occupational sex segregation in the labour market. In this regard, the Committee highlights the importance of taking measures to facilitate the reconciliation of work and family responsibilities as well as the importance of fostering the sharing of family responsibilities between men and women as a useful means in the reduction of occupational segregation. The Committee therefore requests the Government to continue providing information on the policies and measures adopted for the promotion of gender equality including specific information on steps taken to promote women’s access to a wider range of jobs and at a higher level and the impact of such measures.

The Committee notes the Government’s indication that three public enterprises have undergone a process of equality evaluation with the assistance of the CITE and as a result of this process, enterprises generally are aware of their current situation concerning equality and can envisage new corrective measures and the consolidation of good practices. The Committee asks the Government to continue to provide information on the number and the nature of equality plans adopted. Noting that no information has been provided in the Government’s report, the Committee reiterates its request for information on the Government’s initiative to evaluate collective agreements from a gender perspective and on the impact of this process on improving equality of opportunity and treatment between men and women through collective agreements.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations of the General Union of Workers (UGT) dated 2 September 2010. The Committee further notes the observations of the Portuguese Tourism Confederation received on 22 September 2010 according to which no discrimination has been observed in the sector.

Gender pay gap. The Committee notes that the UGT refers to differentials in the remuneration of men and women workers of 23.5 per cent in 2009. The UGT highlights however the positive effects on remuneration differentials of national policies and collective bargaining. The Committee notes that the Government indicates in this regard that the measures to reduce the gender pay gap to be adopted in the framework of the Third National Equality Plan have not been implemented yet. The Government refers however to the European campaign aimed at eliminating remuneration differentials and indicates that the Commission for Equality in Labour and Employment (CITE) is one of the national institutions in charge of its implementation. The Government also indicates that the recommendations of the Commission on the White Paper on Industrial Relations concerning equality and non-discrimination have been adopted in the framework of the revision of the Labour Code, Act No. 7/2009, and refers in particular to the possibility of declaring invalid collective agreements that do not respect the principle of equality (section 479). The Committee notes however that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of occupational segregation of women and men in the labour market, in particular at the fact that women’s higher educational achievements do not translate into equivalent jobs and salary levels, the fact that women make up 59.7 per cent of the registered unemployed persons, and the continuing gender pay gap, where current figures show that the average monthly earnings of women amount to approximately 77.2 per cent of men’s earnings and that at managerial level this percentage is only 70.4. (CEDAW/C/PRT/CO/7*, 1 April 2009, paragraph 41). The Committee notes in this respect that according to the report on the improvement of equality of opportunities between men and women at work, employment and vocational training elaborated by the CITE for the period 2006–08, the increase in these differentials is directly proportional to the level of education of women. Furthermore, the Committee notes that according to Eurostat the unadjusted pay gap has widened in the last years. Indeed, while it was at 8.4 per cent in 2007, it increased to 9.2 per cent in 2008 and was at 10 per cent in 2009. The Committee recalls that pay differentials remain one of the most persistent forms of inequality between women and men and that this requires that governments, along with employers’ and workers’ organizations take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to take concrete measures to reduce the remuneration gap between men and women and to provide information on their impact. Recalling that it had taken note that a study on remuneration disparities was envisaged under the Third National Citizenship and Gender Equality Plan (2007–10), the Committee asks the Government to provide information on the status of this study and to communicate its findings, in particular with respect to the underlying causes of the existing remuneration gap and any measures consequently being considered to address such causes.

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Committee notes that the Government does not give detailed information on this issue. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), with respect to occupational sex segregation which characterizes the Portuguese labour market. The Committee recalls that historical attitudes toward the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, contribute to occupational sex segregation within the labour market, with women being concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates. The Committee therefore reiterates its request for information on any measures taken or envisaged to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed. Please also provide information on any relevant measures included in the equality plans adopted at the enterprise level.

Article 3. Objective job evaluation. In its previous comments the Committee noted the project “Revaluing work to promote equality” and the preparation of a methodological guide, in collaboration with the social partners, intended to provide companies with assistance in the process of job classification. The Government indicates in this respect that the guide was being used in a trial training organized in collaboration with the ILO International Training Centre in Turin. The Committee asks the Government to continue to provide information on the results of the project as well as on the number of enterprises that have adopted the methodological guide in practice and the sectors covered.

Austerity measures. While noting the importance of adopting concrete measures to overcome the current economic and financial crisis affecting the country, the Committee would like to underline the importance of monitoring carefully the impact of the austerity measures taken to address this crisis on the employment situation of men and women, particularly with respect to differentials in remuneration and occupational job segregation. The Committee further considers it paramount to ensure that the progress achieved by previous action taken to promote the principle of the Convention, will not be adversely affected. The Committee asks the Government to provide any relevant information concerning the impact of the austerity measures adopted to address the current economic and financial crisis on equality and non-discrimination policies and measures either being implemented or to be applied in the future, in particular with respect to differentials in remuneration and occupational job segregation. The Committee also refers the Government to its comments made concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in the country.

Part III to V of the report form. The Committee notes the advisory opinions of the CITE indicating that the provision in a collective agreement that granted women workers an allowance for childcare should be understood as benefitting both fathers and mothers. The Committee also notes that the Commission for Citizenship and Gender Equality (CIG) together with the CITE have established the “Equality and Quality” prize that may be awarded on the basis of respect for the principle of the Convention. The Committee further notes that the Human Potential Operation Programme (POPH) promotes the adoption of equality plans within enterprises and has the objective, among others, of reducing differentials in remuneration. The Committee asks the Government to continue to provide copies of relevant opinions of the CITE and to provide information on the activities carried out by both the CITE and CIG for the promotion of the principle of equal remuneration for work of equal value. The Committee further asks the Government to provide information on any violations detected by or brought to the attention of the labour inspection services relating specifically to the application of the Convention as well as on the remedies provided or the sanctions imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations of the General Union of Workers (UGT) dated 6 September 2010. The Committee further notes the observations of the Portuguese Tourism Confederation received on 22 September 2010 according to which no discrimination has been observed in the sector.

Legislative developments. The Committee notes the adoption of Act No. 7/2009 revising the Labour Code; Legislative Decree No. 295/2009 that modifies the Code on Labour Procedure as well as Act No. 3-A/2010, approving the main lines of the 2010–13 plan.

Article 1 of the Convention. Discrimination on the grounds of race, colour, national extraction or social origin. The Committee recalls that in its previous comments it took note of the adoption of Legislative Decree No. 42 of 10 March 2008 according to which the exercise of itinerant trade was subject to a “trader card”. On that occasion, the Committee requested the Government to provide information on its practical application, including the percentage of trader cards issued to Roma people, as well as on the measures taken to foster Roma’s access to employment and the impact of such measures. In this respect, the Committee notes that Ordinance No. 378/2008 that regulates the implementation of the Legislative Decree does not allow for the determination of the origin or the ethnicity of the “trade card” applicant. The Government further indicates that measures have been taken to improve the situation of excluded groups with respect to their integration, their education and social protection, which also benefited Roma people. Moreover, the High Commissioner for Immigration and Intercultural Dialogue (ACIDI) has adopted a series of measures including the establishment of a Roma Community Support Cabinet that fosters social integration of these peoples. It has also established, together with the Social Security Institute, a pilot project of municipal Roma mediators. An education project for children and young persons from 6 to 24 years from excluded and vulnerable groups, also addressed to Roma children, has also been launched. The Government recognises the importance of adopting additional measures to improve the situation of these peoples and indicates that the 2008–10 National Plan for Inclusion provides for a monitoring system to evaluate the level of integration of Roma people, mainly with respect to education, housing and employment. Moreover, the Commission for Equality against Racial Discrimination (CICDR) registered 15 complaints in 2008 and 19 in 2009. Measures to increase awareness with respect to remedies available for victims of discrimination include mainly the possibility to file electronic complaints before the CICDR and the establishment of a victim support unit for immigrants and other persons victim of racial or ethnic discrimination. The Committee also notes the project carried out under the auspices of the European initiative EQUAL, “Gypsy women becoming autonomous”. The Committee notes, however, that the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) has observed that “Roma frequently face discrimination in access to employment, as well as on the housing market, which limits their opportunities to participate effectively in socio-economic life. Moreover, they seem to have limited access to support for self-employment and the setting up of small businesses, which could constitute alternatives to itinerant trade”. The Advisory Committee has also expressed its concern with respect to “persistent shortcomings with regard to remedies in cases of racial discrimination” (see ACFC/OP/II(2009)003, paragraphs 25 NS 36).

In this regard, the Committee has considered that proactive measures to analyse and address the situation of different groups in the labour market, in cooperation with workers’ and employers’ organizations, and to improve knowledge and awareness among ethic and national minorities about anti-discrimination and equality legislation and enforcement mechanisms and procedures are needed. Policies aimed at combating discrimination against Roma cannot be effective without measures to address stereotypes and prejudices regarding the capabilities and preferences of the Roma and to promote respect and tolerance between all sections of the population, which should be implemented without delay. Regular monitoring of results secured and progress made is essential. The Committee therefore requests the Government to continue to take concrete measures in order to foster the integration of Roma people, particularly with respect to access to employment and education and to provide information thereon, including statistical information concerning their situation in the labour market. It further requests the Government to provide information on the impact of the measures already taken and the results of the monitoring of the level of integration of Roma people undertaken in the framework of the 2008–10 National Plan for Inclusion. It also requests the Government to take measures to improve the effectiveness and accessibility of procedures and remedies against racial discrimination and to continue providing information on the cases brought before the CICDR and their outcome.

Sexual harassment. The Committee notes with interest that article 29 of Act No. 7/2009 that revises the Labour Code prohibits sexual harassment both in the case of quid pro quo and hostile environment. The Committee also notes the Government’s indication that awareness raising activities concerning sexual harassment were carried out by the Ministry of Environment and Territorial Planning. The Government further indicates that the guides for the preparation of the equality plans provide for the due respect of the integrity of both men and women. However, the Committee notes from the Government’s report that in the framework of the 2009 National Equality Plan several entities, both public and private, received assistance from the Government but none of them proposed to carry out an activity aimed at disseminating information on sexual harassment prevention at the workplace. The Committee considers that this might be an indication of the lack of awareness of the public concerning this issue. The Committee further notes the low number of complaints of sexual harassment filed before the Commission for Equality in Labour and Employment (CITE) (two in 2006 and none in 2007 and 2008). Therefore, the Committee requests the Government to take concrete measures to foster awareness among employers and workers and their organizations with respect to the importance of preventing and combating sexual harassment, including information on the procedures and remedies available to victims. The Committee also requests the Government to continue to provide information on any judicial or administrative decisions relating to sexual harassment in employment and occupation as well as on any relevant activities carried out by the labour inspection services.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls that in its previous comments it took note of the persistent vertical and horizontal occupational sex segregation in the labour market, the gender pay differentials and the inequitable distribution of family responsibilities between men and women acknowledged in the Third National Citizenship and Gender Equality Plan (2007–10). In this respect, the Committee notes the observations from the UGT according to which the number of complaints filed before the CITE increased from 36 in 2008 to 164 in 2009. These complaints refer mainly to non respect of parental leave, particularly leave granted to pregnant or breastfeeding women as well, as to the lack conciliation between professional and family life. The Committee notes that in its last report the Government refers to the evaluation carried out with respect to the Third National Citizenship and Gender Equality Plan (2007–10), according to which, the measures undertaken for the promotion of equality of treatment and opportunities between men and women are well oriented but they would increase their efficiency if they were binding. Concerning the implementation of the National Strategic Reference Framework, the Government indicates that its objectives are as follows: (1) the implementation of equality plans in public and private institutions (30 enterprises have received assistance in 2009); (2) financial and technical support for non-governmental organizations that address gender equality (649 activities of information, sensitization and promotion developed in 2009 covering 50,000 men and 67,000 women); (3) training projects for designated groups (for example: training of trainers, among other subjects, covering 1,369 persons); and (4) support and promotion of enterprises and associations created by women. The Committee further notes that Act No. 7/2009 provides for the possibility that a judge may declare null a collective agreement that is contrary to the principle of equality and non discrimination; it also provides for the prohibition to dismiss pregnant or breastfeeding women as well as workers as well as availing of parental leave without the authorization of the competent authority on equality. With respect to the latter, the recently revised Code on Labour Procedure provides for urgent remedies. With respect to the evaluation of the Second National Equality Plan, the Government indicates that the great majority of the activities carried out in the framework of this Plan concern reconciliation between professional and family life. Indeed, 163 activities were consecrated to “work, employment as well as maternity and paternity protection” and 53 activities specifically dedicated to reconciliation between professional and family life. These activities consist mainly of training, legal assistance, publicity and brochures. The Committee further notes the projects developed under the auspices of the European initiative EQUAL such as “Social dialogue and equality in enterprises”, “Different public, equal opportunities”, “Home work”, “Training for equality” and “Citizenship equality” referred to by the Government in its report. While noting the important steps taken by the Government to foster gender equality, the Committee recalls the importance of adopting efficient measures to address both vertical and horizontal occupational sex segregation in the labour market. In this regard, the Committee highlights the importance of taking measures to facilitate the reconciliation of work and family responsibilities as well as the importance of fostering the sharing of family responsibilities between men and women as a useful means in the reduction of occupational segregation. The Committee therefore requests the Government to continue providing information on the policies and measures adopted for the promotion of gender equality including specific information on steps taken to promote women’s access to a wider range of jobs and at a higher level and the impact of such measures.

The Committee notes the Government’s indication that three public enterprises have undergone a process of equality evaluation with the assistance of the CITE and as a result of this process, enterprises generally are aware of their current situation concerning equality and can envisage new corrective measures and the consolidation of good practices. The Committee asks the Government to continue to provide information on the number and the nature of equality plans adopted. Noting that no information has been provided in the Government’s report, the Committee reiterates its request for information on the Government’s initiative to evaluate collective agreements from a gender perspective and on the impact of this process on improving equality of opportunity and treatment between men and women through collective agreements.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and the observations of the General Confederation of Portuguese Workers (CGTP) and the General Union of Workers (UGT).

Gender wage gap. The Committee notes that the CGTP’s and the UGT’s submissions refers to the persistence of significant differentials in the remuneration of men and women workers. In particular, the CGTP emphasizes the existence of vertical and horizontal occupational segregation in the Portuguese labour market, resulting in women’s confinement to “lower-paid sectors and less valued categories”. The Committee notes from the statistics provided by the Government in its report that in 2005 the gender wage gap amounted to approximately 22.6 per cent. The Committee also notes that, according to LABORSTA, in 2007, women working in manufacturing earned around
67.83 per cent of men’s earnings (remuneration gap: 32.17 per cent), while they received 77.93 per cent of men’s remuneration in the education sector (22.07 per cent). The Committee notes that the Third National Citizenship and Gender Equality Plan (2007–10) envisages the adoption of measures to address the current job sex segregation and to reduce the gender wage gap, and it also calls for the realization of a study on the issue. The Committee further notes the 2007 Report on the Operational Programme for Employment, Training and Social Development relating to the promotion of equality of opportunity which, however, does not contain information on the impact of this initiative on promoting women’s access to better-paid jobs. The Committee asks the Government to provide information on the measures taken or envisaged under the Third National Citizenship and Gender Equality Plan (2007–10) to reduce the remuneration gap between men and women and the impact of such measures. The Committee also asks the Government to supply information on the findings of the study on remuneration disparities envisaged under the Plan as regards, in particular, the underlying causes of the existing remuneration gap and any measures consequently being considered to address such causes. The Committee would also appreciate receiving information on any initiatives relevant to the promotion of the application of the principle of the Convention carried out by the Commission on the White Paper on Industrial Relations pursuant to its mandate to propose amendments to the current national legal framework with a view to promoting, among other things, gender equality.

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. Recalling its previous comments on the scope of the principle of equal remuneration for work of equal value, the Committee reiterates its request for information on any measures taken or envisaged to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed. Please also provide information on any relevant measures included in the equality plans adopted at the enterprise level.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the project “Revaluing work to promote equality”, undertaken with ILO assistance, resulted in the preparation of a methodological guide, in collaboration with the social partners, intended to provide companies with assistance in the process of job classification with a view to eliminating gender bias and promoting equal remuneration between men and women. The Committee notes that this guide is aimed at the catering and drinks sector, and could be adapted for other sectors. The Committee asks the Government to continue to provide information on the results of the project. Please also indicate how many enterprises have adopted the methodological guide in practice, and whether the guide has been adapted for and used in any other sectors.

Parts III to V of the report form. The Committee notes the advisory opinions of the Commission for Equality in Work and Employment (CIPE) indicating, among other things, that the period of maternity leave shall not be considered as “absence” when assessing employees’ assiduity at work in the context of the attribution of incentives. The Committee also notes the information regarding labour inspections which, however, do not include any specific reference to violations involving the principle of the Convention. The Committee asks the Government to continue to provide copies of relevant opinions of the CIPE. Noting that under Legislative Decree No. 164/2007, the Commission for Citizenship and Gender Equality (CIG) has taken over the responsibility of promoting equality from the CIPE, it also asks the Government to supply information on any activities carried out by the CIG in respect of the promotion of the principle of equal remuneration for work of equal value. The Committee further asks the Government to provide information on any violations detected by the labour inspection services relating to the application of the Convention, as well as on the remedies provided or the sanctions imposed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and the observations submitted by the General Union of Workers (UGT) and the General Confederation of Portuguese Workers (CGTP).

Article 1 of the Convention. Discrimination on the grounds of race, colour, national extraction or social origin. Further to its previous comments on the situation of the Roma, the Committee notes from the Government’s report that under Legislative Decree No. 42 of 10 March 2008 the exercise of itinerant trade is subject to the issue of a “trader card” which is valid in the whole country for a period of three years. The Committee however notes from the first opinion of the Council of Europe’s Advisory Committee charged with monitoring the implementation of the Framework Convention on the Protection of National Minorities, that Roma people face persistent difficulties in engaging in itinerant trade (ACFC/OP/I(2006)002, 5 September 2007, paragraph 32). The Committee however notes that a number of measures relating to education and vocational training are being implemented with a view to promoting a greater access to employment of the Roma. Moreover, the Committee notes that a research project on the economic situation of the Roma in Portugal is being carried out under the auspices of the High Commission for Immigration and Ethnic Minorities (ACFC/OP/I(2006)002, 5 September 2007, paragraph 29). The Committee further notes the number of cases of discrimination brought to the attention of the Commission for Equality against Racial Discrimination (CICDR), though there were no Roma figures among the victims of these cases, which may suggest that Roma people encounter difficulties in practice in having access to the remedies against discrimination provided in national legislation. The Committee therefore requests the Government to supply the following information: (1) on the practical application of Legislative Decree No. 42 of 10 March 2008, including the percentage of trader cards issued to Roma people; (2) on the measures taken to foster Roma’s access to employment and the impact of such measures; and (3) on the findings of the research projects conducted under the auspices of the High Commission for Immigration and Ethnic Minorities. The Committee also requests the Government to continue providing information on the cases brought before the CICDR relating to discrimination in employment and occupation on the basis of race, colour, national extraction or social origin and their outcome. It encourages the Government to take adequate measures to raise public awareness about the remedies available under national law, and to facilitate victims’ access to them. The Committee further refers to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Sexual harassment. The Committee notes the submission by the CGTP reiterating its previous comments on the inadequate protection against sexual harassment in employment and occupation provided by section 24 of the Labour Code. With regard to its previous requests, the Committee notes from the Government’s report that the Third National Citizenship and Gender Equality Plan (2007–10) envisages the adoption of measures to prevent, combat and denounce sexual harassment at the workplace both in the private and the public sectors. The Committee also notes that no decisions were delivered by national courts involving issues related to sexual harassment. The Committee requests the Government to provide full information on the measures taken under the Third National Citizenship and Gender Equality Plan to prevent and address sexual harassment in employment and occupation, including information on any measures designed to raise awareness on the issue among employers and workers. The Committee also requests the Government to indicate whether the gender equality plans to be adopted at the enterprise level and in the public administration, include measures to combat sexual harassment. Please also continue to provide information on any judicial or administrative decisions relating to sexual harassment at the workplace as well as on any relevant activities carried out by the labour inspection services in this regard under section 639 of the Labour Code.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the observations of the UGT highlighting that despite the increase in education rates, women still face discrimination in respect of both access to vocational training and employment, and career development. The Committee notes that this situation is reflected in the background to the Third National Citizenship and Gender Equality Plan (2007–10) which also refers to the persistent vertical and horizontal occupational sex segregation in the labour market, the gender pay differentials and the inequitable distribution of family responsibilities between men and women. The Committee notes that a number of measures are envisaged under this Plan to address the current situation, including the elaboration of guidelines for collective bargaining, the dissemination of information on measures allowing for the reconciliation of family and work life, the promotion of equal access to employment and career development, the dissemination of information on good practices and the sensitization of the social partners. The Committee also notes that the implementation of these measures is periodically evaluated. Moreover, the Committee notes that the National Strategic Reference Framework (2007–13) also encompasses action in the field of the promotion of equality of opportunity and treatment between men and women. The Committee further notes that, pursuant to the Council of Ministers’ Resolution No. 160 of 30 November 2006, the Commission on the White Paper on Industrial Relations is mandated to review the present legal framework and propose amendments with a view to promoting, in particular, gender equality and the reconciliation of work and family life. The Committee requests the Government to provide information on the implementation of the Third National Citizenship and Gender Equality Plan (2007–10) and its impact in promoting equality of opportunity and treatment between men and women, including information on the outcome of the periodic evaluation carried out in this regard. The Committee also requests the Government to supply information on the implementation of the National Strategic Reference Framework as well as on the review of the legislative framework and the consequent amendments proposed by the Commission on the White Paper on Industrial Relations with a view to promoting gender equality in employment and occupation. Noting that the final evaluation of the Second National Equality Plan was carried out by the Commission for Citizenship and Gender Equality (CIG), the Committee would appreciate receiving information on the results and recommendation arising out of this assessment.

Promoting gender equality in the private sector. The Committee notes from the Government’s report that of a number of tools have been developed aimed at the promotion of the principle of the Convention in the private sector, including a Guide to Self-Assessment in Gender Equality for Companies and a “Solucionario” for the promotion of good practices. The Committee would appreciate receiving copies of the tools mentioned by the Government in its report. In the absence of the information previously solicited, the Committee also requests the Government to supply information on the number of plans adopted at the enterprise level and to include examples of these plans. The Committee further reiterates its request for information on the Government’s initiative to evaluate collective agreements from a gender perspective and on the impact of this process on improving equality of opportunity and treatment between men and women through collective agreements.

Part III of the report form. The Committee notes from the Government’s report that, under Legislative Decree No. 164/2007, the Commission for Citizenship and Gender Equality (CIG) incorporates the former Committee for Equality and Rights of Women and takes over the responsibility of promoting equality from the Commission for Equality in Work and Employment (CIPE). The Committee requests the Government to supply information on the activities carried out by the CIG with a view to promoting equality of opportunity and treatment in employment and occupation. Noting that the CIPE maintains its function of providing advisory opinions on discrimination issues, the Committee also requests the Government to continue to provide copies of the advisory opinions relevant to the application of the Convention.

Practical information. The Committee notes the Government’s indication that no statistical information is available on the position of ethnic groups in the labour market. The Committee wishes to draw the Government’s attention to the importance of collecting statistical data in order to assess the effectiveness of the measures taken to promote equality of opportunity and treatment in employment and occupation and the progress made in this regard. The Committee also notes the general information provided by the Government regarding labour inspections. The Committee encourages the Government to gather and provide statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions as well as on the situation of ethnic groups in the labour market. Please also provide more detailed information on the labour inspections carried out with respect to the application of the principle of the Convention, including an indication of the number and nature of violations detected, the remedies provided or the sanctions imposed.

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

The Committee notes the Government’s report and the observations of the Confederation of Portuguese Tourism (CTP) and the General Union of Workers (UGT) attached thereto.

1. Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Government states that the concepts of “equal work” and “work of equal value” found in article 32 of Act No. 35/2004 presuppose that the terms of comparison relate to work being performed for the same employer. In its previous comment, the Committee reminded the Government that the meaning of equal remuneration under the Convention applies to work of equal value, even if it is work of a different nature or performed under different conditions for different employers. The Government replies, however, that if wage comparisons were to be made between enterprises, this would suggest that the activities of the enterprises and the differences in productivity between them are irrelevant for determining remuneration. The Committee recalls that the Convention does not require the elimination of differences in wages between enterprises where these are founded on objective criteria and do not discriminate on the basis of sex. However, the purpose of expanding the comparison of jobs more widely beyond individual employers is to be able to identify instances of discrimination in remuneration between men and women, particularly in circumstances where women are concentrated in particular sectors or occupations which are undervalued precisely because the work is being performed by women. The Committee therefore asks the Government to indicate whether any measures are being taken or envisaged to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed.

2. Wage gap between men and women. The Committee notes from the figures provided by the Government that wage differences between men and women continue to exist in the private sector with women earning 76.4 per cent of what men earn when taking into account the basic wage along with overtime, bonuses and other emoluments. The UGT indicates in its submission that, despite legal improvements with respect to equal remuneration, the statistics clearly show that women continue to be disadvantaged in the labour market and that affirmative action is necessary to correct the existing wage gap between men and women. Referring to the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the labour market continues to be characterized by horizontal as well as vertical segregation where women predominate in traditionally lower paid sectors (for example, services, health and social work, education and hospitality) and job categories requiring lower qualifications. In this respect, the Committee notes the initiative taken under the Operational Programme for Employment, Training and Social Development to address occupational segregation, including support for action to improve the labour market balance between men and women in professions characterized by widespread gender discrimination. Noting that 72 applications were assessed under this initiative, the Committee asks the Government to provide information in its next report on the outcome of this work and its impact on women’s access to better paid jobs. Please also provide information on the results achieved through the evaluation of collective agreements from a gender perspective under the National Employment Plan 2005–08, and how this has contributed to reducing the wage gap between men and women.

3. Article 3. Objective job evaluation. The Committee recalls the project “Revaluing work to promote equality” for the formulation and testing of a job-appraisal method in the catering subsector that is free from gender bias. It understands that, in the context of this project, the first meeting of the tripartite working group was held in Lisbon in March 2006. Noting the Government’s indication that the project is currently in the ACTION 2 stage and that it may later be extended to other sectors, the Committee asks the Government to keep it informed on the progress of this work and to include more detailed information if possible on the job evaluation methodology itself and the other sectors to which the project might be extended.

4. Parts III to V of the report form. The Committee notes the two rulings from the Commission for Equality in Labour and Employment (CITE) and encourages the Government to continue sending information on judicial and administrative decisions along with the number and outcome of complaints received by the CITE relating to the application of the Convention. Please also include specific details about the number and outcome of equal pay cases identified by the labour inspectorate.

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

The Committee notes the Government’s report and the observations of the Confederation of Portuguese Tourism (CTP) and the General Union of Workers (UGT) attached thereto.

1. Article 1 of the Convention. Discrimination on grounds of race, colour and national extraction. The Committee notes the activity report of the High Commission for Immigration and Ethnic Minorities for the period from 2002 to 2005. It notes that any complaint arising from an application of Act No. 18/2004 can be made directly to the Commission for Equality Against Racial Discrimination (CICDR) and that, by the end of 2004, the CICDR had recorded a total of 45 cases of discrimination on the basis of race, nationality or ethnicity. The Committee also notes the efforts undertaken with respect to the Roma and the issue of street vendors, which remains an important source of revenue for many families from this community. It notes in this regard the elaboration of a Charter of Principles for Selling on the Street and that this Charter has been disseminated to all of the country’s municipal councils and bodies with specific responsibility for granting access and overseeing the practice of itinerant trading. The Committee requests the Government to provide further information on the measures taken with regard to its street vendors’ initiative and how it ensures that members of the Roma community are not discriminated against in carrying out this economic activity. The Committee also asks the Government to continue sending information on the number and outcome of cases submitted to the CICDR, in particular those cases dealing with discrimination in employment and occupation on the basis of race, colour or national extraction. It further asks for statistical information on the position of ethnic minorities in the labour market and an indication of the active measures in place or under consideration to promote equality of opportunity and treatment in employment and occupation for these minorities.

2. Sexual harassment. The Committee recalls the comments submitted by the Confederation of Portuguese Workers regarding the inadequate protection against sexual harassment in employment and occupation under section 24 of the Labour Code. It notes the Government’s response that the concept of sexual harassment under section 24 covers both sexual and moral harassment, as well as harassment carried out with the aim and the effect of undermining a person’s dignity or creating an intimidating, hostile, degrading, humiliating or destabilizing environment. It also notes that the infringement of this section constitutes a serious offence under section 642(1) of the Code and that the Inspectorate-General of Labour is mandated by section 639 to institute labour-related administrative proceedings. The Committee notes the opinions of the Commission for Equality in Labour and Employment in this regard and asks the Government to continue to provide information on judicial decisions regarding sexual harassment along with information on the number and outcome of complaints filed. Please also provide information on the practical measures taken, in both the public and private sectors, to raise awareness about sexual harassment at work, how to prevent it and how to address it appropriately when it occurs.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the submission from the UGT restating its previous comment that, despite higher levels of education among women under the age of 24, discriminatory practices still exist with regard to access to employment, salaries and professional development and that unemployment affects women more than men, leading to higher rates of poverty among the female population. The Committee notes that an analysis of the labour market between 2003 and 2005 confirms the existence of higher rates of female unemployment among young women, new jobseekers and highly educated women. It also notes that women earn less on average than men, are concentrated in occupations which are traditionally less well remunerated and are more likely than men to work under non-permanent contractual arrangements. The Committee notes the Government’s information on the numerous activities under the National Plan for Equality for 2003-2006 (NPI) in an effort to put into practice the principle of gender equality. The Committee asks for continued information on the implementation and impact of these activities towards improving equality of opportunity and treatment for women in employment and occupation in both the private and public sectors. It requests, in particular, specific details on the impact of the activities of the Commission for Equality in Labour and Employment as well as information on the development of the Gender Equality Observatory. Please also continue to provide up to date statistics on the situation of women in the labour market to enable the Committee to measure progress in this regard.

4. Promoting equality between men and women in the private sector. The Committee notes that one of the activities under the NPI includes the promotion of equality plans in enterprises along with the creation of incentives for adopting measures to promote equality between men and women. It also notes the proposal under the NPI to reassess the content of collective agreements from a gender perspective. The Committee asks the Government to provide information on the number of equality plans adopted by enterprises and to include examples of such plans. The Government is also asked to include information on its initiative to evaluate collective agreements from a gender perspective, indicating how many agreements have been considered and what impact this process has had on improving equality of opportunity and treatment between men and women through collective agreements.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Discrimination on grounds of race and colour. With reference to paragraph 1 of its direct request of 2002, the Committee notes the brochure "Legal means of combating racism" and Act No. 18/2004 of 11 May, which transposes into national law European Council Directive No. 2000/43/CE intended to lay down a legal framework for combating discrimination on the grounds of racial or ethnic origin. Noting that the Government’s report does not contain all the information requested, the Committee asks the Government to evaluate the effectiveness of the measures taken to eliminate discrimination and promote equality of opportunity and treatment for groups which could be victims of discrimination on grounds of race, colour, nationality and/or ethnic origin. It also requests it to provide information on the situation of the black population and of the Roma in relation to employment and occupation.

2. Promotion of equality between men and women. The Committee notes with interest the Second National Plan for Equality (2003-06) approved by Decision No. 184/2003 of 6 November of the Council of Ministers. The Plan envisages various stages and measures to promote equality between men and women. These measures cover the reconciliation of working and family life (point 1), training, education and information (point 2) and social integration (point 3). A final evaluation of the Plan will be carried out by an independent body before its implementation is completed. The Committee requests the Government to provide a copy of this evaluation.

3. Sexual harassment. The Committee notes the comments of the General Confederation of Portuguese Workers (CGTP), attached to the Government’s report, according to which section 24 of Act No. 99/2003 contains an incomplete definition of the concept of sexual harassment and does not establish administrative recourse procedures for victims. Furthermore, the CGTP indicates that workers’ organizations have proposed the inclusion of clauses on harassment in collective agreements, but that employers refuse to examine these clauses. The Committee requests the Government to provide its observations on the CGTP’s comments, including the administrative recourse procedures available in the event of sexual harassment.

4. Unemployment and poverty among women. The Committee notes the comments of the General Union of Workers (UGT), attached to the Government’s report, according to which the school attendance rates of women are higher than those of men for all age categories up to 24 years, but that situations of discrimination persist and, in particular, that women are affected more by unemployment, one of the major current social problems. It adds that poverty indices are also higher amongst women. The Committee requests the Government to make its observations on this subject.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Work of equal value. The Committee notes that, under section 32(d) of Act No. 35/2004 of 29 July, issuing regulations under the new Labour Code of 2003, work of equal value refers to a series of tasks, undertaken for the same employer and considered equivalent taking into account qualifications or experience, responsibilities, physical and psychological effort and the conditions under which the work is performed. The Committee recalls that equal remuneration within the meaning of the Convention has to be provided for work of equal value, even if it is of a different nature or performed under different conditions for different employers. This broad basis for comparison is intended to identify discrimination which may result from the existence of occupational categories and jobs that are reserved for women and is intended to eliminate inequality of remuneration in sectors in which women are concentrated, or for jobs that are traditionally considered to be "female", which may be undervalued by reason of sexual stereotyping (see General Survey of 1986 on equal remuneration, paragraphs 19 to 23). The Committee asks the Government to take these comments into account with a view to applying the new provisions in a broader manner, in accordance with the principle set out in the Convention.

2. Objective appraisal of jobs. The Committee notes that, under the terms of section 28(3) of the Labour Code, systems for the appraisal of tasks and functions have to be based on objective criteria common to men and women so as to exclude any discrimination based on sex. The Committee asks the Government to provide information on the methods used to undertake an objective appraisal of jobs on the basis of the work to be performed.

3. The wage gap. The Committee notes the information provided by the Government. It notes in particular the activities carried out by the Committee for Equality in Labour and Employment (CITE) and that a Second National Plan for Equality is being implemented. The Committee asks the Government to provide information indicating whether these measures have contributed to reducing wage differences, taking into account not only the basic wage, but also additional components of wages, as provided for by Article 1(a) of the Convention, under which the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee also notes the comments made by the General Union of Workers (UGT) and the General Confederation of Portuguese Workers (CGTP) attached to the Government’s report. According to the UGT, the most significant progress in this respect relates in particular to the improvement of the legislation, but the wage gap still persists. The UGT reports that Portugal is the country in the European Union with the greatest inequalities. A woman is reported to earn on average 77 per cent of the remuneration of a man, with this proportion falling to 67 per cent for women manual workers. The CGTP also reports a considerable wage gap and expresses the view that only the statutory obligation to introduce affirmative action measures in collective agreements will lead to a reduction in this gap. It also emphasizes that more and more enterprises are adopting a system of bonuses, which penalizes women even more. In practice, it is difficult for women to benefit from these bonuses due to their family obligations. The Committee asks the Government to provide its observations on these comments.

4. The wage gap and the objective appraisal of jobs. The Committee notes with interest that, with a view to combating inequalities between women and men on the labour market, the CITE is currently participating in nine projects under the European Community’s EQUAL initiative, some of which specifically address the issue of equal remuneration. It notes in particular the project "Revaluing work to promote equality", undertaken in the catering subsector, which employs 82,928 persons. Employers’ and workers’ organizations are supporting and participating in the project, the aim of which is to formulate and test a method for the appraisal of jobs based on the evaluation of the work, which could contribute to reducing any disparities between the remuneration of men and women. The ILO is participating in this project by providing technical assistance. The Committee asks the Government to keep it informed of progress in implementing the project and its impact on the sector.

5. The Committee notes with interest the ruling by the Court of Appeal of Porto, of 20 October 2003, which relates to equal remuneration. Please continue providing information on any relevant court decisions and on the activities of the labour inspectorate in the field of equal remuneration.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with interest that a new Labour Code was adopted in 2003. It also notes the adoption of Act No. 35/2004 of 29 July and the Second National Plan for Equality (2003-06), approved by Decision No. 184/2003 of 6 November of the Council of Ministers.

2. The Committee notes in particular that sections 22 to 26 of the Labour Code address equality and non-discrimination, and that sections 27 to 32 concern equality and non-discrimination on grounds of sex. Section 22(1) guarantees all workers the right to equality of opportunity and treatment in access to employment, vocational training and promotion and conditions of work; section 23 prohibits direct or indirect discrimination on grounds of extraction, age, sex, sexual orientation, civil status, family situation, genetic heritage, reduced capacity for work, disability or chronic illness, nationality, ethnic origin, religion, political or ideological convictions and trade union membership. Under the terms of section 23(3), anyone who considers herself or himself to be discriminated against has to designate the worker or workers in relation to whom such discrimination is considered to exist, and it is for the employer to demonstrate that the differences are not due to one of the prohibited grounds of discrimination. It also notes that sections 30 to 40 of Act No. 35/2004 give effect to the provisions referred to therein and contain, among other provisions, a definition of direct and indirect discrimination (section 32), provisions on collective agreements (section 39) and the obligation to keep records disaggregated by sex of job offers, pre-selected candidates and the persons recruited. The Committee notes with interest that this legislation can make an effective contribution to achieving equality in employment and occupation and requests the Government to provide information on its application and impact.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes from the statistical data provided by the Government in its report, that from 1995 to 1999 the percentage of men working at the highest levels for all sectors of the labour market (5.6 per cent), increased by 1.4 per cent, whilst the percentage of women working at the same level (3.1 per cent), increased by only 1.2 per cent. The Committee observes that even in areas such as the hotel and restaurant sector, where women are the majority of the workforce (84,943), they only hold 951 of the highest level positions whilst men, who are in the minority (54,791), hold 2,163 positions at this level. The Committee notes that in the hotel and restaurant sector, women at the highest level positions earn 21 per cent less than men. It also notes that the male-female remuneration disparity in this and other sectors, continues in the intermediate and lowest level positions. The Committee also notes from the statistical figures provided by the Government, that between 1995 and 1999 the rate of monthly average remuneration for women compared with that of men remained at almost the same percentage (72 per cent in 1995; 73 per cent in 1997; and 73 per cent in 1999). The Committee would appreciate continuing to receive such detailed statistical data, as well as information on the measures taken or envisaged both to increase the participation of women in the higher occupational grades and in economic sectors traditionally occupied by men, and also to reduce the existing male-female remuneration disparity in various sectors of the labour market.

2. The Committee noted in its previous comments, activities carried out by the Observatory of Equal Opportunities for men and women, such as the evaluation of clauses in collective bargaining agreements in fisheries, textile and education sectors from an equality perspective; and by the Committee for Equality in Labour and Employment (CITE). The Committee would be grateful if the Government continued to provide information on the activities undertaken by the Observatory and the CITE, including any follow-up measures in the light of the results of its evaluations performed by the Observatory to date, to promote the application of the principle of the Convention.

3. The Committee also asks the Government to provide information in its next report on the activities of the labour inspectorate in securing the application of the Convention, including information on the number of equal pay inspections conducted, the number of violations found, the action taken and the sanctions imposed. The Committee also asks the Government to provide further information on the training on equality between men and women at work, which has been provided for labour inspectors, including information on training which addressed the principle of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. In its previous comment the Committee noted difficulties in securing equality of opportunity and treatment in employment and occupation for blacks and the Roma population in Portugal. It thus notes with interest the adoption of Act No. 134/99 to prevent and prohibit racial discrimination in the exercise of fundamental rights or denial of the enjoyment of economic, social and cultural rights on the basis of race, colour, nationality or ethnic origin. The Committee also notes the information on the regularization and other measures recently undertaken on undocumented migrants and the Programme of Action for 2001 of the Inspectorate General of Labour (IGT) to promote equal opportunity and non-discrimination on grounds of race, colour, nationality and ethnic origin. The Committee asks the Government to assess and evaluate the measures taken and to provide information on their effectiveness in eliminating discrimination and promoting equal opportunity and treatment in training, skill development and employment for minority groups. It also requests the Government to supply information on the activities of the Higher Commissioner for Immigration and Ethnic Minorities and the Working group for equality and integration of the Roma.

2. Further to its observation, the Committee notes the activities and supervisory role performed by the Commission for Equality in Employment and Occupation (CITE), which focused mainly on discrimination on the basis of gender. It asks the Government to indicate how the CITE is promoting equality of opportunity and treatment on all the other grounds set forth in Article 1(1)(a) of the Convention.

3. The Committee notes the campaign promoted by the IGT and the conclusions of the final Meeting on "Equality of opportunity between women and men in access to employment - vacancy notices", with the purpose to avoid discriminatory job offers through awareness raising among those who produce and display public announcements or job advertisements. Data showed that despite slight improvements, 50 per cent of the announcements in the press are discriminatory and perpetuate job segregation since the drafting of the vacancies may inhibit a substantial share of the population from applying. The Committee is concerned by the existence of job advertisements that discriminate on any of the criteria listed in the Convention and hopes that the Government will take measures to ensure that such practices are brought into line with the requirements of the Convention.

4. The Committee notes the technical trainings for labour inspectors in equality of opportunity and the new Act No. 9/2001 that extend the powers of the IGT. The Committee asks the Government to continue to provide information regarding the number and type of inspection conducted, the number of violations detected, and the action taken on all the grounds contained in the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and in the attached documentation, and the comments made by the Confederation of Portuguese Industry (CIP) contained in the report of the Government received in September 2001.

1. Further to its previous comments, the Committee notes the information provided on the supervisory role performed by the Commission for Equality in Employment and Occupation (CITE) in which the social partners are present. It notes an increased number of complaints received by the CITE and notes from the collection of opinions issued by CITE from 1999 to March 2001 that the great majority of opinions again concern discrimination on the grounds of gender, mostly related to violation of laws protecting maternity and paternity rights. The Committee also notes the clarifications provided by CIP and their view that motherhood is not a factor that leads to discrimination in the labour market in that country. Employers are obliged to seek an opinion from CITE if a dismissal involves a pregnant, post-partum or nursing woman and it is for this reason that there are so many opinions on this issue. The Committee appreciates these indications and indeed notes that CITE has identified other areas of concern including the very low proportion of women in vocational training, the higher percentage of women than men in unemployment, discriminatory job advertisements that perpetuate occupational segregation and lower pay for women than men.

2. In this regard, the Committee notes with interest the legislative, educational and promotional measures taken to eliminate discrimination and to promote equality, including: the adoption of Acts Nos. 116/99 and 118/99 that establish a new system of sanctions for indirect or direct discriminatory practices and the adoption of the National Employment Plan with specific provisions on gender equality; the adoption of Act No. 9/2001, which reinforces the inspection mechanisms and sanctions for sexually discriminatory labour practices by expanding the inspection powers of the Inspectorate General of Labour; the issuance of Order No. 1212/2000, to encourage recruitment in occupations where there is significant gender discrimination; and the adoption of Act No. 10/2001, which obliges the Government to submit to the Assembly of the Republic an annual report on the progress made with equality of opportunity between men and women in employment and vocational training. The Committee hopes that the Government will continue to provide information on the activities of CITE and on the impact and effectiveness of the abovementioned Acts and the employment plan in promoting equality in employment and occupation. It requests information on the manner in which workers’ and employers’ organizations cooperate in the implementation of these and other activities to achieve equality in employment in law and practice.

3. Further to its previous comments, CIP reiterates the need to repeal expressly the legal provision restricting night work for women that it alleges is negatively affecting collective bargaining and preventing enterprises from introducing flexibility in the organization of working time. The Committee notes the Government’s statement that this provision cannot explicitly be repealed since it is no longer in force being contrary to the constitutional principle of equality. It further declares that once there are additional reasons for a comprehensive revision of Legislative Decree No. 409/71, which includes the general ban on night work for women, this provision will certainly be deleted, but no review of such legislation has been scheduled so far. Noting that new legislation regulating night work has been adopted, the Committee hopes the Government will be in a position in the near future to clarify the legislative provisions on night work through the repeal of the prohibition on night work contained in Legislative Decree No. 409/71.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information provided by the Government in its report. It also notes the comments made by the General Union of Workers (UGT) which were attached to the Government’s report, and which refer to the adoption of legislation on equality of opportunity and treatment which will have an impact on the application of the Convention as well as a trend in the gradual introduction of provisions concerning equality of opportunity in collective agreements. In spite of these developments, the UGT indicates that affirmative measures to give effect to the newly adopted legislation and the equality provisions in agreements are necessary in order to combat the marked disparities in remuneration between men and women.

2. The Committee refers to its 2002 observation on Convention No. 111, where it noted the adoption of several laws to promote gender equality in employment and asked the Government to provide information on the impact of the new laws in improving the labour market situation of women. In this regard, the Committee asks the Government to include in its next report an assessment of the impact of the new legislation, policies, plans and other measures taken to ensure and promote the application to all workers of the principle of equal remuneration for men and women for work of equal value.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information, including legislation and statistical data, contained in the Government’s report and attached documentation.

1. The Committee notes with interest the adoption of Act No. 118/99 of 11 August 1999 concerning labour offences, which defines the violation of the principle of equal remuneration as a serious labour offence. It also notes the adoption of Act No. 142/99 of 31 August 1999, Decree-Law No. 70/2000 of 4 May 2000 and Decree-Law No. 77/2000 of 9 May 2000 relevant to the protection of maternity and paternity.

2. The Committee notes from the General Survey of the public service that, as at 1 October 1996, women made up 54 per cent of the labour force in the public administration, and that women also occupied 54 per cent of the posts at the highest levels. It notes the information supplied by the Government showing the trends in wage differentials between men and women between 1997 and 1998. According to the data supplied, the male-female remuneration gap widened in the higher occupational grades, while decreasing for middle managers, supervisors and foremen. The Government’s report reflects the fact that the male-female remuneration differentials have narrowed in a number of sectors, including in the commerce, restaurant, real estate, education and health sectors. The Committee would appreciate continuing to receive such detailed statistical data, as well as information on the measures taken or envisaged to reduce the existing remuneration differentials in the various sectors of the Portuguese economy.

3. With regard to its previous comments on the measures taken to implement the National Employment Plan relevant to sex-based salary discrimination, the Committee notes that a national list of occupations significantly affected by such discrimination has been prepared. It also notes that research will be conducted in collaboration with the social partners regarding the earnings gap. It asks the Government to supply a copy of the list of occupations referenced as well as information on the results of the research conducted. The Committee also notes with interest the activities carried out by the Committee for Equality in Labour and Employment (CITE), including the awarding of equality prizes to companies that exemplify model or innovative practices in the area of equality in employment, or the development and implementation of training programmes and seminars on equality of opportunity and treatment.

4. The Committee notes with interest that the General Labour Inspectorate (IGT) conducted two training activities focussing on equality between men and women in employment. The Committee would be grateful if the Government would continue to provide information on the training programmes developed and implemented and on the enforcement activities undertaken by CITE and the IGT in areas relevant to the Convention.

5. The Committee notes with interest the glossary of terms and the matrix developed by the Observatory of Equal Opportunities for men and women in collective bargaining, with a view to evaluating clauses in collective bargaining agreements from an equality perspective. Noting that the Observatory has evaluated collective bargaining agreements in the fisheries, textile and education sectors, with mixed results, the Committee asks the Government to continue to provide information on the activities undertaken by the Observatory, including any follow-up measures in the light of the results of its evaluations to date, to promote the application of the principle of the Convention in the collective bargaining process.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Further to its observation, the Committee notes the Government's report to the Committee on the Elimination of Racial Discrimination (CERD/C/314/Add. 1), (November 1998). The Government indicates that there have been certain incidents of intolerance and discrimination against blacks and the Gypsy population in Portugal (CERD/C/314/Add. 1, paragraphs 41-51). According to the CERD report, while Portugal was traditionally a country of emigration, it has recently experienced a significant demographic shift, and has now become a country of immigration. Thus, in a measure intended to prevent xenophobia, intolerance and discrimination, in 1995 the Government established the Office of the High Commissioner for Immigration and the Ethnic Minorities (CERD/C/314/Add. 1, paragraphs 54-55 and 58), as well as the Interministerial Commission for the reception of the Timorese community. Subsequently, in 1996, the Government established a Working Group for the equality and insertion of the Gypsies. In January 1997, the Working Group submitted a report recognizing a tendency in Portuguese society towards exclusion of and indifference to Gypsies. The Government indicates that there are approximately 40,000 Portuguese citizens that may be considered to be Gypsies. The Committee notes with interest the programmes established to combat poverty, ensure guaranteed minimum income, housing and employment for the Gypsy population in Portugal, including programmes for the training of Gypsy mediators to ensure liaisons between the Gypsy community and both public and private institutions (CERD/C/314/Add. 1, paragraphs 223-234). It would be grateful if the Government would continue to provide information on the implementation of the above measures, as well as of Act No. 134/99 of 28 August 1999 referenced in the observation, and on any other measures taken or envisaged to secure equality of opportunity and treatment in employment and occupation for blacks, Gypsies and other ethnic groups in Portugal.

2. The Committee notes the annual reports of the General Labour Inspectorate for 1996 and 1997 supplied by the Government in the context of the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In particular, it notes that the number of infractions involving discrimination on the basis of sex registered by the General Labour Inspectorate decreased from 97 in 1993 to 32 in 1996. The Committee notes, however, that the annual report does not contain any reference to inspections conducted in respect of any of the other grounds covered under Article 1(1)(a) of the Convention. The Committee asks the Government to provide information on the measures taken to provide technical training to inspectorate staff to enable them to secure the full application of the principle of non-discrimination enshrined in the Convention. The Committee would be grateful if the Government would continue to provide information regarding the number and type of inspections conducted relevant to the Convention, the number of violations detected and the action taken.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest the Government's detailed report and attached documentation, including legislative texts, the Global Plan for Equal Opportunities and the National Employment Plan. It also notes the comments made by the Confederation of Portuguese Industry (CIP).

2. The Committee notes with interest information supplied concerning progress made with regard to the situation of women in the Portuguese labour market, particularly the increased participation of women in the labour market since 1995. The Committee further notes with interest the information supplied by the Government on the supervisory duties performed by the Commission for Equality in Employment and Occupation (CITE). The report indicates that, during the relevant period, the CITE received 100 complaints, mostly related to the dismissal of pregnant, post-natal or nursing mothers or violations of the laws protecting maternity and paternity rights. The government report indicates that discrimination related to maternity is the form of discrimination most frequently faced by women in the Portuguese labour market. The Committee notes that, of the 37 opinions approved and published by the CITE during the reporting period, 32 dealt with gender-based discrimination, specifically dismissals or wage discrimination related to maternity. In this connection, the Committee notes with interest the enactment of Act No. 18/98 of 12 April 1998, which extended maternity leave and childcare leave benefits. The Committee also notes with interest the information in the report concerning the social dialogue on equality and the CITE's activities in publishing and disseminating information intended to raise awareness of discrimination and promote equal opportunities and treatment between men and women in the labour market, including access to employment and vocational training. The Committee would be grateful if the Government would continue to keep it informed on the activities of the CITE to promote the elimination of discrimination on all the grounds set forth in Article 1(1)(a) of the Convention.

3. With reference to the CIP's comments regarding the need to expressly repeal the legal provisions restricting night work for women, the Committee notes the Government's explanation that section 31 of Legislative Decree No. 409/71, which prohibited women from engaging in night work in industrial establishments, has been tacitly repealed pursuant to section 7(2) of the Portuguese Civil Code. The Government indicates that the new legislation regulating night work, Act No. 73/98 and Legislative Decree No. 96/99, do not prohibit women from engaging in night work. The Committee notes from the Government's report that the only restrictions on the amount of night work women may perform are those designed to ensure maternity protection (see sections 17 and 19 of Act No. 4/84 of 5 April 1984, as amended by Acts No. 17/95 of 9 June 1995, No. 102/97 of 13 September 1997, No. 18/98 of 28 April 1998 and No. 142/99 of 31 August 1999). Moreover, the Government indicates that the restrictions contained in the legislation cited are in accordance with Article 7 of the Night Work Convention, 1990 (No. 171). While the Committee notes the Government's statements in this regard, in light of the CIP's expressed concerns, the Committee nevertheless requests the Government to indicate whether it contemplates the explicit repeal of the prohibition set forth in section 31 of Legislative Decree No. 409/71.

4. The Committee notes with interest the adoption of Act No. 134/99 of 28 August 1999 prohibiting discrimination on the basis of race, colour, nationality or ethnic origin in, inter alia, employment and training.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the detailed information, including legislation and statistical data, contained in the Government's report and attached documentation. The Committee further notes the inclusion of information in the Government's report which it will take up next year in its treatment of Convention No. 111.

1. The Government acknowledges in its report that the salary differentials between men and women are still significant. The data provided indicate that on average, in 1997, women earned 20.4 per cent less than the average salary for men and women nationwide. In contrast, men earned 12.6 per cent more than the nationwide average. The preamble to the National Employment Plan of 13 April 1998 ("NEP") attached to the Government's report indicates that women earn on average 71 per cent of the average salary earned by men and recognizes that women continue to occupy lower-level positions in comparison with men, despite the fact that women workers on average have a higher level of education than their male counterparts. The Government's report also reflects that approximately 63 per cent of the workers receiving the minimum wage in 1997 were women, up from 60 per cent in 1995. The greatest wage disparities were identified in the manufacturing, commerce and restaurants and banking sectors, where women earned 23.4 per cent, 22.5 per cent and 17.9 per cent less than the overall average earnings in those sectors, respectively. The salary differentials remain significant at different occupational levels, with women employed as operatives earning 22.2 per cent below the average wage for their level and sector and senior management/technical staff earning 20.1 per cent below the average wage corresponding to their level and position. These figures represent a slight increase of 0.7 per cent from 1995 in women's percentage of overall average earnings in the country. The Committee thanks the Government for the detailed statistical information provided and asks the Government to continue to supply such data, including detailed information both on the measures to reduce the existing wage gap and any studies which may indicate the factors accounting for women continuing to occupy lower-level positions in comparison with men, despite women's higher levels of education.

2. The Committee notes with interest the enactment of Council of Ministers resolution No. 49/97, approving the Global Plan for Equal Opportunity ("Global Plan") which, inter alia, recognizes that the level of participation of women in the labour market reveals the presence of significant sex-based occupational segregation, including vertical occupational segregation, concentrated in the fields of health and education as well as at the lower and intermediate levels of the organizational hierarchy, where wages are correspondingly lower. The NEP affirms the will of the Government and social partners to eliminate occupational segregation and sex-based salary differentials by, inter alia, promoting vocational training for women, disseminating information on the concept of equal opportunity, promoting the employment of women in occupations where they are underrepresented and awarding prizes to companies with exemplary equal opportunity policies. The Committee requests the Government to provide information on the measures taken to address the issues raised in the Global Plan, to implement the NEP, and the results achieved.

3. The Committee notes that the Global Plan provides for the promotion of equality of opportunity in employment and labour relations, in part by strengthening the mechanisms for enforcing Portugal's equal pay legislation, Decree Laws Nos. 392/79 and 426/88, through the Committee for Equality in Labour and Employment (CITE) and the Labour Inspectorate (IGT), whose staff will receive special training for this purpose. The Government is asked to indicate the nature and extent of the training received and to provide information on the enforcement activities undertaken by CITE and the IGT in areas relevant to the Convention.

4. The Government's report also reflects that the Global Plan creates an Observatory within CITE. The Government indicates that the Observatory is a tripartite organization whose function will entail the analysis and identification of discriminatory clauses in collective bargaining agreements, including clauses that provide for gender-based salary differentials. By sensitizing employer and trade union negotiators to gender issues, the Observatory's goal is to provide incentives for positive action in the negotiation process. The Committee would be grateful if the Government would keep it informed of the Observatory's activities pertinent to the application of the principle of the Convention.

5. The Committee notes that CITE issued 41 opinions during the reporting period, five of which involved findings of wage discrimination against women workers in the context of collective bargaining agreements. The Committee notes that, although the CITE opinions in question were transmitted to the IGT and to the enterprises involved, the situations addressed in the opinions have not yet been corrected. The Government indicates that, apart from the above-referenced cases resulting in CITE opinions, four additional complaints of salary discrimination have been received by CITE, one of which has been corrected. As in its previous comments, the Committee asks the Government to inform it of measures taken to encourage the parties to adhere to the CITE opinions. The Government is also requested to continue to provide information, in future reports, on the number of equal pay complaints brought before CITE, the outcome of those complaints and the opinions rendered, including copies.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with interest the detailed report and appendices sent by the Government, and the comments made by the Confederation of Portuguese Industry (CIP) reiterating its concern regarding the legislation in force on night work done by women in industry.

2. In its previous observation, the Committee noted that the social partners were represented in the Commission for Equality in Employment and Occupation (CITE) and therefore received information on the Commission's supervisory duties and the activities undertaken to promote the principle of equality. The Committee requested the Government to continue to provide it with information on the supervisory duties performed by the CITE and the General Labour Inspectorate to verify whether the legislation relevant to the application of the Convention is observed.

3. In this respect, the Committee notes with interest that from 1 June 1995 to 31 May 1997, the CITE delivered opinions on 33 cases of discrimination which helped to resolve a number of them. Furthermore, the Committee notes that the CITE also verifies, on a regular basis, the advertisements published in the main newspapers to ensure that they do not contain any discriminatory references; in the period under consideration it received 34 complaints of discrimination of various kinds. The report indicates that it is planned to give autonomy to the General Labour Inspectorate and to provide technical training for its staff in order to achieve more effective training methods so as to prevent and eliminate acts of discrimination in areas where they exist. Moreover, in the areas of employment and occupation positive action mechanisms have been planned which are to be implemented by the Institute of Employment and Vocational Training as a way of promoting equality of opportunity for women and men. Similarly, the Government indicates that the theme of equality of opportunity has been introduced into social dialogue; the work of the CITE has been given fresh impetus, especially with regard to the dissemination of information on legislation guaranteeing equality of opportunity for women workers and to monitoring of the principle of non-discrimination, including indirect discrimination, in the labour sphere; a follow-up group has been created to deal with the subject of equality in collective labour regulation instruments; and specific training activities have been developed for labour inspection officials on equality-related subjects. The Committee requests the Government to continue to provide information, in its future reports, on any progress made in the application of the Convention.

4. With reference to the comments made by the CIP and the Committee's request that it be informed of all measures adopted to bring its legislation into line with current practice in relation to the night work done by women in industry, the Committee notes the Government's clarification according to which the prohibition of night work by women contravened the constitutional and legal principle of equality. The Government explains that there is no doubt that by virtue of section 7(2) of the Civil Code, the prohibition was repealed, in accordance with the general principle of the Portuguese legal system which provides that a repeal may be either tacit or explicit, as a result of the incompatibility of new legal provisions with previous ones. Furthermore, the Committee notes that by virtue of this repeal of the prohibition of night work done by women in industry, no instances of penalties imposed by the Labour Inspectorate or by the courts on industrial establishments employing women during the night have been recorded.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the detailed information contained in the Government's report and the extensive documentation and statistical data attached to it in reply to its previous direct request concerning the continuing analyses of collective agreements carried out by the Committee on Equality in Work and Employment (CITE), the CITE's assessment of the impact of its decisions concerning equal pay claims and the application of the principle of the Convention to domestic workers and homeworkers (who, while not excluded from the ambit of the basic legislative text, Legislative Decree No. 392/79, may be covered by regulatory texts amending the general equality provisions so as to take into account the specific characteristics of these workers).

1. The Committee notes from the data in the report, by sector of activity, that the amounts of average earnings are lower for women, with the exception of the construction sector (where the average earnings for women show a positive deviation of +9.7 per cent from the overall average), and that the average base remuneration of women in all sectors over the four years 1990 to 1993, as a percentage of that of men, is as follows: 75.5 per cent, 75.7 per cent, 75.4 per cent and 76.1 per cent. According to the data in the report, a comparison between the average base remuneration and average actual earnings also shows a sex-based wage gap, attributed to the granting to men of supplements above the base remuneration. The most recent data available from the Survey of Earnings (organized by the Statistics Department of the Ministry of Training and Employment) show that, as of April 1995, men earn 135.8 thousand escuderos and women 94.9 thousand escuderos monthly, being, respectively + 12.9 per cent and -21.1 per cent of the overall average earnings. This trend appears at all occupational levels, with higher negative percentages for women who are classified as "operatives" or "senior management/technical staff". The Committee welcomes these detailed statistics, and the message they are giving to the enforcement machinery at the national level to remain vigilant in verifying remuneration levels during labour inspections, and in investigating complaints of wage inequalities. It trusts that the Government will continue supplying such statistics with its reports since this type of data is essential in enabling the Committee to assess how seriously governments are working at promoting equal remuneration between women and men.

2. Following on from the above point, the Committee notes with interest that the Government is acting to strengthen inspection activities in areas where discrimination between men and women is likely to arise (as evidenced by the adoption of Council of Ministers Resolution No.32/94 of 17 May 1994). It also notes with reference to the collective agreement in the cork bark industry (mentioned in earlier direct requests) that, although the clauses it contained discriminating against women workers in the area of wages were immediately declared null and void, and although the Government had referred the CITE's 1993 Opinion in this matter to the signatories of the agreement with a view to them redressing the discrimination, the agreement has not yet been revised. The Committee would accordingly request the Government to inform it of any measures taken to encourage the parties to abide by the CITE's Opinion, even though the Committee understands that, in practice, the discriminatory clauses have no effect whatsoever. The Committee requests, in future reports, information on any other sectoral studies such as the cork bark industry study of the CITE, which throw light on how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the detailed information supplied by the Government in its report, in particular on the impact of the enforcement machinery in cases of discriminatory job advertisements (for example, the decisions calling for corrective action by guilty employers) and on the activities of the working group responsible for implementing the agreement concluded between the Ministry of Education and the then Committee on Women's Affairs, now the Commission on Equality and Women's Rights, with a view to ensuring, inter alia, that teachers receive non-sexist training.

1. Noting with interest the publication on 14 April 1994 of Resolution No. 32/94 of the Council of Ministers, which stipulates that each Ministry shall take action and measures for the promotion and implementation of equality of opportunity for Portuguese women, the Committee requests the Government to inform it of the practical measures taken by the various ministries to implement this call for positive action to eliminate discrimination on the basis of sex in the public service.

2. The Committee notes the information supplied by the Committee on Equality in Employment and Work (CITE) on the cases of indirect or direct discrimination on the basis of sex in collective agreements, showing that indirectly discriminatory provisions existed in agreements in several major industries (such as agriculture, transport, commerce). Noting that the CITE states that it has taken measures unofficially to eliminate this form of discrimination, the Committee requests the Government to provide information on the results achieved and to give details on the means used by the CITE to eliminate indirect or direct discrimination in collective agreements.

3. With regard to its previous comments on equal access to vocational training without discrimination based on sex, the Committee notes with interest the statistical data supplied by the Government and the CITE on the increasing percentage of women workers receiving vocational training (30 per cent according to the 1992 DEMESS Inquiry), notably in the service sector (where 39.1 per cent of all training went to women). It also notes with interest the report of the Institute for Vocational Training (IEFP) which shows that women accounted for 38 per cent of all approved training in IEFP management and vocational training courses. Noting, however, that according to the CITE's recent inquiry into specific measures taken by undertakings to assist men and women workers who have dependants, few measures have been taken by employers to assist workers with dependent family members whether in training or other fields, the Committee requests the Government to inform it, in its next report, on any activities taken to follow up this inquiry, particularly where measures are recommended or envisaged to assist women to undertake training and to have access to further educational opportunities.

4. The Committee takes note of the Government's information and the CITE summaries of cases of sex-based discrimination in employment identified by the CITE and by the supervisory bodies of the public service during the period under review. Noting that a significant percentage of the cases of sex-based discrimination dealt with by the CITE concerned wage discrimination, the Committee refers the Government to the comments it has made in the context of Convention No. 100.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the comments by the General Workers' Union (UGT) alleging that, although some effort has been made to eliminate discrimination in employment and occupation in Portugal (for example by the 1979 Decree on equality of opportunity and treatment of men and women in employment and occupation), compliance with this legislation has been inadequately monitored, and there is still unequal treatment with regard to employment and occupation. The Committee also notes the Government's observations on these comments, to the effect that the social partners, including UGT, are represented on the Committee on Equality in Employment and Work (CITE) and are, thus, kept informed of its monitoring and promotional activities, as is the Committee of Experts.

2. The Committee asks the Government to continue to provide information as regards monitoring undertaken by the CITE and the General Labour Inspectorate of the compliance with the legislation relevant to the application of the Convention, commenting specifically on its frequency and extent.

3. The Committee notes the comments by the Confederation of Portuguese Industry (ICE) according to which section 31 of Decree No. 409 of 27 September 1971, which bans night work in industry for women, remains in force despite the Government's denunciation of Convention No. 89 in 1992, and relevant provisions in the Constitution and the legal situation in the European Union, with which it conflicts. The Committee notes that the Government considers that section 31 of Decree No. 409/71 is no longer applicable following the amendments to articles 13 and 58(3)(b) of the Constitution (with which it conflicts), and was accordingly revoked in accordance with sections 3 and 4(2), 8 and 23 of the above-mentioned 1979 Decree.

4. The Committee asks the Government to keep it informed of any measures taken to bring this legislation into conformity with current practice regarding night work for women in industry.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the detailed information in the Government's report and the attached documentation.

1. The Committee notes from the Government's report that the difference in remuneration between men and women continues to be approximately 28 per cent, yet it also notes that in construction and public works, and transport and communications, women earn 8.8 per cent and 5.8 per cent more than men due to the women holding posts with higher skill levels. Moreover, it notes the Government's statement that more women are pursuing careers in the legal, military and medical professions which had been traditionally dominated by men. The Committee requests the Government to continue to provide data on the wage gap between men and women including information on any research carried out into the causes of the differentials and on any assistance provided to women to reduce gaps which are identified as based on the sex of the worker.

2. The Committee notes that the Committee on Equality in Work and Employment (CITE), responsible for receiving, analysing and processing complaints of discrimination on the basis of sex, received in 1992, five complaints of wage discrimination and that up to June 1993, two further such cases had been received. The Committee notes that most of the decided complaints show differential treatment for work of equal value without there being any clear grounds for such discrimination against women. It also notes that some of the complaints have been redressed as a result of the CITE issuing an opinion, although further statistical data on the results is not yet available. Noting that an impact-assessment analysis of CITE interventions is under way, the Committee requests the Government to inform it of the conclusions reached.

3. The Committee notes the information regarding the preliminary study conducted by the CITE in the cork bark industry and its findings adopted in Opinion No. 3/93. The study identified discriminatory clauses in the pertinent collective agreement, with occupational categories, wages and job descriptions being discriminatory towards women. The Government reports that the Opinion was transmitted to the signatories to the collective agreement with a view to redressing the discrimination in conformity with section 12 of Legislative Decree No. 392/79. The Committee asks the Government for information on any steps taken by the employers in the cork bark industry to comply with the CITE's recommendation. Please also include information on any other studies conducted on other industries and the results thereof.

4. The Committee notes that the legislative provisions stipulating equal remuneration for women and men for equal work or work of equal value should be based on objective criteria applicable to both sexes (section 9 of Legislative Decree No. 392/79). It also notes that any discriminatory clauses in collective agreements are null and void (section 12), and that a claim may be filed in the labour courts to have such clauses declared illegal. Please provide information on the claims which may have been filed in the labour courts and any relevant decisions, including measures taken or envisaged to apply the legislative provisions for objective methods of evaluation of jobs performed in the private sector.

5. The Committee notes that the CITE analyses all framework collective agreements and recommends to the parties to the agreement and to the Directorate-General of Working Conditions that such discriminatory clauses be excluded in future agreements. It notes further that this analysis may also be initiated at the request of workers. The Committee requests the Government to provide information on any such analyses undertaken by the CITE, including details of any which are conducted at the request of workers.

6. The Committee notes the Government's explanation that domestic workers and homeworkers are not excluded from the ambit of Legislative Decree No. 392/79 and that section 20(1) merely provides that regulatory texts may make amendments to the applicable scheme so as to take into account the specific characteristics of these workers. It also notes that Legislative Decree No. 235/92 of October 1992 establishes the regulatory framework for domestic service contracts and Legislative Decree No. 440/91 of 14 November 1991 regulates homeworkers, and that these two Decrees do not provide for any exception, restriction or specification in the employment contracts of these two sectors of workers. Please provide information on any measures taken or envisaged to ensure that the principle of equal remuneration for work of equal value for men and women is applied in practice to these workers.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the Government's report and the detailed information attached thereto.

1. The Committee notes the statistics on the wage differential between men and women and the Government's statement that it remains unchanged; in 1990, women's wages on average were approximately 28.4 per cent (monthly) or 23.5 per cent (minimum weekly) lower than men's wages. The Committee notes that, according to the Government, these disparities can be explained, amongst other reasons, by the number of hours worked by women, who are prohibited from engaging in night work which is usually remunerated with an additional bonus of 25 per cent, and by the fact that women hold jobs requiring lower skills and have a high rate of absenteeism owing to their family obligations.

The Committee notes the measures taken by the Government to attempt to reduce if not eliminate the wage differential between men and women workers and in particular to open up to women certain jobs traditionally held by men and to assist women with their family responsibilities. The Committee asks the Government to continue to provide information on developments in this area in its report together with detailed statistical data on the results obtained since these measures have been applied.

2. Further to the comments submitted by the General Confederation of Portuguese Workers (CGTP) concerning the application of the Convention, the Committee notes with interest the information on the activities of the tripartite Committee on Equality in Work and Employment (CITE) whose composition was altered in 1988 when the basic legal text was reviewed, and the Government's efforts to increase the above Committee's human and material resources and improve its efficiency. It notes that in the legal opinions appended to the Government's report the CITE refers, in its conclusions, to discriminatory practices against women by certain enterprises and makes recommendations to improve the situation. According to the Government, these reports by the CITE are produced following complaints and, when adopted unanimously by the CITE, they are published and referred for implementation to the labour inspectorate which may impose fines. The Committee asks the Government to continue to provide detailed information on the measures taken to eliminate infringements of the principle of equal remuneration for men and women set out in the Convention and on the activities of the labour inspectorate in this area, particularly the fines imposed in the 17 cases of discrimination on the ground of sex identified by the General Labour Inspectorate between 1989 and 1991.

3. The Committee also notes the information on the CITE's activities in the area of collective agreements and notes that, according to the Government's report, these agreements contain no provisions which are directly discriminatory, in accordance with section 12 of Legislative Decree No. 392/79 to guarantee equality of opportunity and treatment for men and women in work and employment. The Committee notes that the CITE undertakes studies to identify problems of discrimination against women, which analyse occupational classifications, wages and job descriptions, that the CITE is planning to take action to remedy situations in which women are the object of discrimination and that, so far, its contacts with the social partners when violations of the law have been reported in this area have been positive. It asks the Government to provide a copy of the CITE national study on collective agreements in the cork industry, which was due to be completed in 1992, and copies of any similar studies already completed. It also asks the Government to supply specific information on situations involving discrimination against women that have been remedied as a result of CITE intervention.

4. With regard to the evaluation of jobs, the Committee noted that, according to the CGTP, no measures had been taken to set up a job evaluation system using criteria common to both sexes. The Committee notes from the report that the Government does not know what evaluation methodology is used in the private sector, and again refers to the provisions of Legislative Decree No. 392/79 (section 2(d) and (e) and section 9(2) and (3)) and Legislative Decree No. 426/88 (section 3(d) and (e) and section 6(2) and (3)), which stipulate that equal remuneration for men and women for equal work or work of equal value shall be based on objective criteria common to both sexes for the evaluation of tasks. The Committee recalls that, in its 1986 General Survey on Equal Remuneration, it pointed out in paragraph 138 that equal remuneration for work of equal value "necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed". The Committee therefore asks the Government to indicate the measures taken or contemplated to apply objective methods of evaluation in the private sector, in accordance with the law.

With regard to the public sector, the Committee notes that an objective system of job classification has been established by Legislative Decree No. 248/85 of 15 July 1985. The Committee would be grateful if the Government would provide the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.

5. The Committee recalls that domestic workers and homeworkers are excluded from the scope of Legislative Decree No. 392/79, which guarantees equality of opportunity and treatment for men and women in work and employment, and that no other law provides protection for these workers in respect of equal remuneration for work of equal value. The Committee notes from the Government's last report that, under section 20(1) of the above-mentioned Legislative Decree, these workers are covered by separate legal provisions. The Committee recalls that the Convention applies to "all workers" and therefore covers the two above categories. It asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is applied to these workers and to keep it informed of any developments in this respect.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the detailed information provided by the Government in its report and the attached documentation, including reports from the Committee on Equality in Employment and Work (CITE).

1. The Committee notes with interest from the statistics supplied by the CITE that the trend of increased employment of women in senior public service posts has continued, and trusts that future reports will continue to supply such data, which assist the Committee in evaluating the implementation of the national policy to promote equality of opportunity and treatment.

2. The Committee notes the Government's statement that the question of discrimination based on the sex of auxiliary staff in public schools has not been analysed by the CITE at the national level, since the incident in question was based on one complaint to the CITE concerning more tasks being given to women auxiliaries than to men auxiliaries, the outcome of which did not show the existence of discrimination. The CITE remains attentive to this problem, but the taking of initiatives would depend on a better knowledge of the real situation. The Committee notes that the Labour Inspection Service, in its activities in the private sector, reported 11 instances of sex-based discrimination in 1992 (in the sectors of transport, retail trade, civil engineering and real estate) and asks the Government to inform it, in future reports, of any cases of such discrimination identified by the monitoring bodies operating in the public service or of complaints of this nature lodged with and examined by the CITE.

3. Noting with interest the statistics provided on vocational training, in particular that 25.9 per cent of all participants in 1990 were women and that women were trained in a broader range of occupations, the Committee asks the Government to continue to supply such information and to inform it of the results of this training, for example, on the entrance of trainees into the active labour market upon completion of their studies.

4. With regard to the measures taken to eliminate direct or indirect discrimination in collective agreements concluded in traditionally non-female occupations, the Committee notes the Government's reference to several CITE Opinions of 1991 in which discrimination based on sex in relation to wages was criticized and employers asked to remedy the inequalities. It also notes the example of the CITE form sent to parties to a collective agreement when sex-based discriminatory clauses are identified by the CITE.

5. The Committee takes note of the Government's description of the legislative measures taken to ensure better protection against sexual harassment in employment (s. 40 of the Labour Contracts Act adopted by virtue of Legislative Decree No. 49-408 of 1989 and ss. 9 and 35(1)(f) of Legislative Decree No. 64-A/89 on termination of the employment contract), and requests it to inform the Committee of any cases brought under these provisions by victims of sexual harassment in the workplace, supplying copies of the judgements handed down.

6. Regarding the supervision of discriminatory job advertisements in the press, the Committee notes the Government's reference to the CITE Opinion No. 10/91 of 15 October 1991 recommending, inter alia, that the provisions of the law prohibiting discrimination based on sex and the correct advertising standards be brought to the attention of employers placing advertisements in the press, and that existing references to male and female occupations use criteria based on occupational designations without reference to sex. It also notes that the Confederation of Portuguese Industry, in comments transmitted with the Government's report, also refers to this Opinion of the CITE as one of that body's recent activities in the field of equality. The Committee would appreciate receiving in future reports information on the impact of this Opinion on job advertisements, in particular any cases of recourse to section 8 of Legislative Decree No. 491/85, which prohibits discriminatory job offers on pain of fines.

7. The Committee once again asks the Government to supply information on the activities of the working group responsible for implementing the agreement concluded between the Ministry of Education and the Committee on Women's Affairs with a view to ensuring that educational personnel receives non-sexist training.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the detailed information provided by the Government in reply to its observation and direct request of 1990.

1. The Committee takes note of the measures taken under Legislative Decree No. 426-8 respecting equality of treatment between men and women in the public service, and the statistics on the participation rate of women in the public service, which show a considerable increase in the number of women in executive posts in the central administration. It hopes that the next report will continue to provide information on progress made in this area.

2. The Committee takes note of the statement that, although statutory effect is given to the principle of equality between men and women, the Committee on Equality in Work and Employment (CITE) notes from the complaints it receives that there is discrimination in certain areas of the public service. It refers in this connection to female auxiliary staff in schools, stating that they have more tasks to perform than their male counterparts. The Committee hopes that the next report will indicate the measures taken or under consideration to investigate areas where there may be discrimination in practice and to put an end to such discrimination.

3. The Committee notes with interest the various measures that have been taken by the Ministry of Employment and Social Security to encourage additional training for women, diversify their training and promote the establishment of enterprises by women. It would be grateful if the Government would indicate the results obtained by these measures.

4. The Committee notes with interest the information concerning the activities of the CITE. It would be grateful if the Government would indicate the action that has been taken or is envisaged as a result of the CITE's conclusions regarding the existence of direct or indirect discrimination in collective agreements concerning non-female occupations in various sectors of activities such as services and the glass-making, fisheries, cork, flour-milling, and textile industries.

5. The Committee notes the inquiry conducted at the initiative of the CITE concerning sexual harassment in the workplace. It asks the Government to indicate the measures taken or under consideration to ensure better protection against sexual harassment.

6. The Committee notes that, according to an analysis conducted by the CITE, approximately 75 per cent of small advertisements in the daily press are of a discriminatory nature. It also notes that during the period covered by the last report the labour inspectorate recorded 14 infringements of the legislation prohibiting sexist advertisements. The Committee asks the Government to indicate the measures taken to reinforce supervision of the practical application of section 8 of Legislative Decree No. 491/85 prohibiting, under penalty of a fine of 5,000 to 40,000 escudos, the publication of job offers containing restrictions, requirements or preferences which discriminate on the ground of sex.

7. The Committee once again asks the Government to supply information on the activities of the working group responsible for implementing the 1988 agreement concluded by the Ministry of Education and the Committee on Women's Affairs with a view to ensuring that education personnel receives non-sexist training.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the statistics on the wage differential between men and women submitted by the Government with its 1987 report, which tend to show a reduction in the wage differential in the sectors of food, drinks, tanning, shoes, restaurants and hotels, insurance and communication, and an increase in the wage differential in the transport sector. It also notes the comments by the General Confederation of Portuguese Workers (CGTP) received in 1987, according to which no reduction can be observed in the wage gap between men and women.

The Committee requests the Government to supply with its next report statistical data on developments in the wage differential between male and female workers, and to furnish information on any measures taken to reduce and eliminate that differential, and on the progress made. It notes in this connection the statement in the 1989 report prepared by the Tripartite Committee on Equality in Work and Employment (CITE) that the statistics necessary to indicate these developments are not available, and hopes that the Government will be in a position to furnish them with its next report.

2. The Committee notes the statement in the comments of the CGTP that wage discrimination continues to take place in the processing industries, in particular in the sectors of textile, clothing and leather, food and electronics; that union efforts to renegotiate collective agreements that lie at the root of such discrimination have met with a refusal to negotiate on the part of the employers, and that efforts to involve CITE have had no positive effects. In this respect, the Committee also notes the CGTP's statement that CITE's functioning is hardly adequate. The Committee further notes the copies of legal opinions by CITE that are attached to the Government's 1987 and 1989 reports.

The Committee requests the Government to continue to supply information on the activities of CITE, and in particular on the Commission's activities with regard to analysing collective agreements with a view to eliminating discriminatory provisions. The Committee also requests the Government to supply detailed information on the practical application of section 12 of Decree No. 392/79, which provides that provisions of collective agreements that discriminate with respect to remuneration are null and void, and on the practical application of section 9 of Decree No. 491/85, of 26 November 1988, which provides that employers who maintain in force wage rates on job evaluation systems that imply a discrimination on the ground of sex will be punished with a fine.

3. The Committee, referring to section 22 of Decree 392/79, which provides for its obligatory revision, requests the Government to supply information on any revision that may have taken place, and on any plan that might exist to improve the functioning of the Committee on Equality in Work and Employment.

4. The Committee notes the CGTP's statement that no measures have been taken to establish objective criteria for job appraisals common to both sexes. The Committee refers to section 9 of Decree No. 392/79 and section 6 of Legislative Decree No. 426/88, which provide that job evaluation systems should be based on objective criteria common to both sexes, and requests the Government to supply in its next report detailed information on the measures taken or contemplated to apply objective job evaluation systems to the public sector, and to promote, with the social partners, the use of such systems in the private sector.

5. The Committee notes the CGTP's statement that the TAP airline continues to practice wage discrimination with regard to female cabin personnel. The Committee notes the judgement handed down by the Labour Tribunal of Lisbon, and refers to its direct request made under Convention No. 111.

6. In its previous comments, the Committee asked the Government to state whether measures had been taken or are under consideration to extend the scope of Decree No. 392/79 to domestic workers and homeworkers.

The Committee notes from the Government's 1987 report that domestic work has been regulated by Decree No. 508/80 of 21 October 1980, the text of which was included with the Government's report. The Committee notes that Decree No. 508/80 contains no provision concerning equal remuneration for work of equal value. The Committee also notes that no regulations exist with respect to homeworkers. It requests the Government to keep it informed of any legislative developments intended to extend the principle of equal remuneration to those two categories of workers.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's report for the period 1 July 1986 to 30 June 1988 and of the enclosed documents.

1. The Committee takes note with interest of the revised classification of occupations (1988) communicated with the report, in which the occupations are designated in both the masculine and feminine forms with a view to averting discrimination in work and employment and encouraging diversification of the occupations open to women.

2. The Committee takes note of the legal opinions expressed on certain cases of discrimination, which were brought to its attention. These cases concern job reclassification based on sex, and discrimination with regard to access to job category. The Committee takes note of the activities and publications of the Committee on Equality in Work and Employment (CITE), which aim to make the social partners aware of the problems posed by discrimination, particularly those related to remuneration, job classification and conditions of work. The Committee also notes the partial results of the CITE's examination of collective agreements. The Committee would be grateful if the Government would continue to provide information on the activities of the CITE and the results obtained, and on the study concerning sexual harassment of women in the workplace.

3. The Committee takes note of Legislative Decree No. 223/87 of 30 May 1987 concerning the rules for non-teaching staff of educational establishments which, in addition to defining its own scope (section 1) contains provisions on the recruitment and selection of staff (section 6), appointment (section 8) and further training (section 9), etc. The Committee asks the Government to provide information on the practical effect given to this Legislative Decree.

4. The Committee takes note of the Government's statement that, following legal action to obtain payment of the arrears of the wage differential owed to female flight staff transferred on grounds of pregnancy, in the interim the unions have reached an out-of-court settlement with the airline "Transportes Aeros Portugueses" (TAP), whereby the latter will make the payment in question. Furthermore, the period during which maternity is protected by law is taken into account in calculating seniority, in accordance with clause 17 of the company agreement communicated with the report.

The Committee hopes that in its next report, the Government will be able to confirm that this payment has been made as agreed.

5. The Committee notes with interest Legislative Decree No. 44/84 of 3 February 1984, transmitted with the Government's report, and asks the Government to provide information on the difficulties encountered in applying it, particularly section 4.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Referring to its previous comments, the Committee notes with satisfaction the adoption of Legislative Decree No. 426/88 of 18 November 1988 on the equality of men and women working in the public administration, section 6 of which guarantees equal remuneration for men and women for equal work or work of equal value, and provides that systems for post classification and job evaluation should be based on objective criteria common to men and women. The Committee requests the Government to supply with its next report information on the measures taken with regard to job evaluation systems, in pursuance of the above-mentioned section 6.

2. The Committee notes the comments submitted by the General Confederation of Portuguese Workers (CGTP) concerning the application of the Convention. The points raised are examined in a request addressed directly to the Government.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report for the period between 1 July 1986 and 30 June 1988.

1. The Committee notes with satisfaction the adoption of Legislative Decree No. 426/88, of 18 November 1988, governing equality of treatment in employment for men and women in the public service. It notes that section 1 of this text provides that its objective is to ensure equality of opportunity and treatment in respect of admission to and employment in the public service, deriving from the principle of equality and the right to work laid down in the Constitution. It also notes that by virtue of section 4, subsection 1, of this Legislative Decree, the right to work implies the rejection of all discrimination, direct or indirect, based on sex, particularly on marital status or family situation; subsection 2 specifies that temporary provisions establishing a preference for the purpose of remedying a de facto inequality, and measures protecting maternity are not considered as discriminatory. The Committee asks the Government to provide information on the practical implementation of the above Legislative Decree.

2. The Committee notes with interest the agreement signed on 28 February 1984 by the Ministry of Education and the Committee on Women's Affairs, with a view to undertaking joint action to review programmes of studies and primary and secondary-school curricula, and also teacher training methods, has been replaced by a new agreement signed in April 1988. The latter follows the lines of the resolution adopted in June 1985 by the Ministers of Education of the member States of the EEC, and of the EEC medium-term programme of action on equality between men and women. The agreement is now applied at all levels of education, including higher education, and provides for training educational and career guidance officers with a view to countering the prejudices which obstruct the diversification of technical schools for girls. A working group composed of representatives of the Committee on Women's Affairs and representatives of all levels of the teaching profession will draw up a plan of action every year to implement the various points of the agreement. The Committee asks the Government to provide information on the work of the above-mentioned working group and the progress made as a result of the agreement of April 1988.

3. The Committee also notes with interest from the information supplied by the Government that, following the efforts of the Committee on Women's Affairs, Act No. 46/86 of 14 October 1986 concerning the foundations of the education system provides in section 3 that the education system has the responsibility of ensuring equality of opportunity for the two sexes, in particular by implementing a policy of coeducation and educational and career guidance, and by raising awareness of this subject amongst all those involved in the education process. The Government also refers to a seminar organised in January 1988 by the Committee on Women's Affairs to take stock of action already undertaken and to draw attention to the need to implement the EEC medium-term plan of action for equality between men and women (1986-1990).