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

The Committee notes the Government’s detailed report for the period ending May 2006, and particularly the information on the laws and regulations adopted in August 2003 and July 2006 with a view to giving effect to the provisions of the Convention. The report also includes the comments of the General Union of Workers (UGT) and the Portuguese Confederation of Tourism (CTP). The UGT summarizes the national provisions establishing protection against termination of employment without a valid reason and expresses concern that the frequent use of fixed-term contracts is contributing to precarity among workers. The Portuguese Confederation of Tourism observes that, in its view, the national provisions appear to be in conformity with the principles of the Convention, although the provisions of the Labour Code appear to be outmoded in a globalized economy in view of their lack of flexibility, which does not encourage the economic development of enterprises. The Committee notes with interest that, in giving effect to the Convention, the new labour legislation has maintained a balance between flexibility and security for enterprises and workers. With reference to section 418 of the Labour Code respecting micro-enterprises, it requests the Government to indicate the manner in which compliance with the provisions of the Convention relating to the procedure for termination of employment is ensured in micro-enterprises. The Committee hopes that the Government’s next report will contain updated information on the application of the Convention in practice, and particularly on the prevalence of fixed-term contracts (sections 128 et seq. of the Labour Code), and further examples of court decisions relating to matters of principle concerning the application of the Convention (Parts IV and V of the report form).