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

Portugal

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1967)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1959)

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

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

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

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

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

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

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

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

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

Article 1(b). Work of equal value. Legislation. Scope of comparison. Referring section 23(1)(d) of the Labour Code which limits the scope of comparison of «work of equal value» to work «performed at the service of the same employer», the Committee notes the Government’s statement that, at present, the ACT only verifies wage equality among workers of a given enterprise. In that regard, the Committee notes with regret that the Government did not take the opportunity of the revision of the Labour Code in 2023 to give full expression to the principle of the Convention. It recalls that the application of the principle of the Convention should not be limited to comparisons between men and women in the same establishment, enterprise or sector but allows for much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers or sectors. Where women are heavily concentrated in certain sectors or occupations, like this is the case in Portugal, there is a risk that the possibilities for comparison at the enterprise or establishment level may be insufficient (see 2012 General Survey on the fundamental Conventions, paras 697–698). The Committee again asks the Government: (i) to take any measures to ensure cross-workplace comparison when assessing the equal value of jobs, in conformity with the scope of comparison envisaged by the Convention; and (ii) to provide information on the measures taken to raise awareness of labour inspectors, judges, prosecutors, and other relevant officials regarding the scope of the principle of the Convention.

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

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

Conventions Nos   100 and 111 – Application in practice

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

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

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