Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the comments from the General Confederation of Portuguese Workers (CGTP) on the application of the Convention.

1. The Committee notes the CGTP's statement that, although the legislation provides for adequate protection of workers' representatives in the enterprise, in practice there are breaches of the provisions of Article 1 of the Convention. It indicates specifically that disciplinary proceedings are conducted with the intent to dismiss workers' representatives and that the latter suffer discrimination with regard to career advancement, wages, etc. The Committee notes the Government's response to the effect that appropriate machinery exists to remedy abuses of workers' rights and that, as regards the dismissal of workers' representatives, the law provides adequate protection against unwarranted dismissal. In view of the fact that the trade union organization has sent only general information with no indication of the enterprises or sectors in which workers' representatives were purportedly dismissed or subjected to discrimination, the Committee will not pursue its examination of the CGTP's comments.

2. Furthermore, the Committee notes the CGTP's statement that the Government has not executed the provisions of Legislative Decree No. 441/91 with regard to the election of workers' representatives for occupational health and safety, which means that at present there are no elected workers' representatives for such matters. The Committee notes the Government's response to the effect that a draft regulation on the election of workers' representatives has been prepared with the participation of the employers' and workers' confederations -- including the CGTP -- and will be adopted shortly. However, the Committee recalls that the Convention does not require that there be elected workers' representatives specifically for the area of occupational safety and health.