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

The Committee notes the Government's report, the attached documentation and the comments of the Confederation of Portuguese Business.

The Committee recalls that for many years its comments have referred to the need to bring into conformity with national practice and the Convention the following provisions of national legislation (which require too high a number of workers and employers to establish a representative organization): section 8(2) of Legislative Decree No. 215/B/75, which requires 10 per cent or 2,000 of the workers concerned and section 7(2) of Legislative Decree No. 215/C/75 which requires one-quarter of the employers concerned to establish a representative organization; section 8(3) of Legislative Decree No. 215/B/75 which requires one-third of the trade unions of a region or category and section 7(3) of Legislative Decree No. 215/C/75 which requires a minimum of 30 per cent of employers' associations to establish a group or a federation. The Committee notes the Government's indication in its report that the above provisions have not yet been amended since, according to the Attorney-General of the Republic, they are not applied in practice.

The Committee therefore considers that the provisions in question, which establish too high a number of members for the establishment of organizations of workers and employers, should be amended to bring the legislation into conformity with the Convention and it once again requests the Government to supply copies in future reports of any text which improves the situation in this respect.

The Committee is also sending a direct request to the Government.