Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. While noting that after a number of years the Government has submitted a report, the Committee is bound to point out that the brief information contained in the Government’s report does not contain a reply to its previous comments. The report does not enable the Committee to assess the extent to which the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention, is applied in practice. The Committee hopes that the Government’s next report will provide detailed answers to the Committee’s questions.

2. Work of equal value and a new labour act. The Committee notes that article 43(a) of the Constitution as amended by Decree No. 13, 2002, guarantees "equal wages for equal work". The Committee recalls in this respect that the principle set out in the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women in fact perform jobs that are different, but are of equal value. However, the Committee notes the Government’s statement that a working group has been appointed to draft a new General Labour Act. The Committee trusts that any elaboration of a General Labour Act will give effect to the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to provide information with its next report on the progress made in the adoption of the draft General Labour Act and to provide a copy once it has been enacted.

3. Application of the Convention. The Committee notes the Government’s statement that the National Council for Social Dialogue, which was established in 1999, resumed its operations as from March 2003 with the support of the Promotion of Social Dialogue Project (PRODIAL), financed by the Government of Portugal and executed by the Office. It notes in particular that the Council will examine the application of Conventions Nos. 100 and 111. It hopes that the support provided by the Office will facilitate the application of the Convention and asks the Government to provide detailed information on the consultations held and the results obtained.

4. The Committee had previously noted that section 84 of Act No. 6/92 governing individual conditions of work stated that workers were remunerated according to their occupational category, but that there was no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. The Committee is bound to ask the Government again to provide information with its next report on how the application of the principle of the Convention is ensured, namely equal remuneration for men and women workers for work of equal value.

5. Enforcement. The Committee reiterates its earlier request to the Government to provide detailed information with its next report on the measures that have been taken to ensure supervision of the application of the principle of equal remuneration for men and women workers for work of equal value, and in particular on the activities of the labour inspectorate (inspections undertaken, infringements recorded, sanctions imposed) and on court decisions relating to the matters covered by the Convention.

6. Statistical information. The Committee wishes to draw the Government’s attention to its 1998 general observation in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and cause of salary differentials between men and women. It asks the Government to indicate in its next report the statistical information compiled on remuneration.