Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Portugal (Ratification: 1977)

Other comments on C087

Observation

Direct Request

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The Committee notes the observations of the General Workers’ Union (UGT), transmitted with the Government’s report, on the application of the Convention in practice. The Committee further notes that in its observations on the application of the Right of Association (Agriculture) Convention, 1921 (No. 11), the UGT alleges difficulties with the exercise of trade union rights in the informal sector of economy. The Committee requests the Government to provide its comments thereon.

In its previous comments, the Committee had requested the Government to provide information on the outcome of the case concerning a trade union leader arrested at the end of a nationwide rally. The Committee takes due note of the Government’s indication that the charges against that trade union leader were dropped pursuant to an order dated 8 February 2011, as he was not found to have committed any criminal act.

Article 3 of the Convention. Right of organizations to draw up their constitutions and rules. The Committee recalls that for several years it has been requesting the Government to initiate discussions with the representative workers’ and employers’ organizations to examine article 55(2)(e) of the Constitution and section 450(2) of the Labour Code, which require trade unions to regulate in their constitutions the direito de tendência (the right of trade union members to form channels of opinion through which they may participate in the functioning of the organization) and mandate the labour administration to assess union by-laws compliance therewith, as well as the application in practice of these provisions. The Committee notes the Government’s indication that the labour administration does not interfere with the regulation of the direito de tendência, which is carried out internally by each trade union. The Government states that the labour administration conducts its assessments with due regard for the principles of independence and self-regulation of these organizations, and reiterates that, according to a judgment 4 May 2011 of the Tribunal da Relação in Lisbon, trade union constitutions are free to determine the manner in which the direito de tendência is exercised in practice. The Committee requests the Government to indicate whether there have been any administrative or judicial decisions, or other developments regarding the application of the May 2011 decision.