Texts of pending comments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Comments adopted by the CEACR: Portugal

Adopted by the CEACR in 2021

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

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

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

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

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

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

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

Comments adopted by the CEACR: Portugal

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Adopted by the CEACR in 2021

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

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

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

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

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

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

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