Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government in its report and recalls that its previous comments referred to the following provisions:

-- section 8(2) and (3) of Legislative Decree No. 215/B/75, which requires 10 per cent, or 2,000 workers, to establish a trade union, and one-third of the trade unions of a regional category to establish a federation; and

-- section 7(2) and (3) of Legislative Decree No. 215/C/75, which requires one-quarter of the employers concerned but not more than 20 individuals in order to establish an employers' organization and a minimum of 30 per cent of employers' associations to establish a group or federation.

The Committee notes that the Government indicates again that, following the ruling by the Advisory Council of the Attorney-General of the Republic that these provisions were contrary to the Constitution and other international instruments relating to freedom of association, they are no longer applied in practice. The Government also indicates that this principle was confirmed by the Ministry of Labour on 6 June 1979 and is binding.

The Committee also notes that according to the Government's information, the international instruments ratified by the Government are legally binding, form part of internal law and have the same force as ordinary legislation. In this regard, the Government emphasizes that section 8(2) and (3) of Legislative Decree No. 215/B/75 and section 7(2) and (3) of Legislative Decree No. 215/C/75 are regarded as implicitly repealed, which is equivalent to an explicit repeal under section 7 of the Civil Code.

In this connection, the Committee notes that, according to the Government, both the General Confederation of Portuguese Workers and the Confederation of Portuguese Industry have indicated, with reference to the present report, that there are in practice no obstacles to the establishment of workers' and employers' organizations resulting from the provisions in question. Finally, notwithstanding the foregoing remarks, the Government confirms that it would be appropriate to repeal such provisions of trade union law when the law is revised.

The Committee again expresses the firm hope that the provisions of the trade union legislation in question will be expressly repealed and requests the Government to keep it informed in this regard.