Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s first report on the application of the Convention. It would be grateful if the Government would, in its next report, provide more detailed information on the following points.

1. Article 1, paragraph 1(c), of the Convention. Services provided by the agencies covered by the Convention. The Committee notes that the services covered by the provisions of section 4(2) of Act No. 124/89 seem to exclude natural or legal persons who provide vocational selection and guidance services and technical support for human resource management. It requests the Government to specify the other activities which may be excluded from the Convention and provide information, if need be, on the extent of services provided by private employment agencies and temporary employment agencies determined by the competent authority in consultation with the most representative organizations of employers and workers.

2. Article 5, paragraph 1. Promotion of equal opportunity and treatment. The Committee notes the Government’s statement indicating that, as a part of the application of the general provisions, private employment agencies are prohibited from discriminating against workers based on national origin, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation. The Committee refers to its comments on the application of Conventions Nos. 100 and 111 and requests the Government to indicate the measures foreseen to ensure that the activities of private employment agencies do not lead to discrimination against the black and Roma populations of Portugal, which would prevent them from enjoying equal opportunities and treatment.

3. Article 7, paragraphs 2 and 3. Supervision of exemptions authorized by the Convention. The Committee notes that, by virtue of the provisions of sections 12 and 13 of Act No. 124/89, not-for-profit and for-profit fee-charging private employment agencies may require candidates for employment to hand over a fee. They may also request certain sums from candidates placed in posts through their intervention; these sums shall not exceed the maximum ceiling set by the national legislation. The Committee observes that exemptions to the provisions of paragraph 1 of this Article of the Convention, according to which private employment agencies shall not charge any fees or costs to workers, may only be authorized in respect of certain categories of workers or specified types of services if it is in the interest of the workers concerned (paragraph 2). Paragraph 3 states that all Members shall, in their reports on the application of the Convention, provide information on any exceptions with reasons. Consequently, the Committee requests the Government to provide information on the categories of persons and types of services for which payment by workers to private employment agencies is authorized.

4. Article 8, paragraph 1. Protection of migrant workers. The Committee notes that private employment agencies recruiting on Portuguese territory may only recruit foreign workers possessing valid residence permits (section 5(1) of Legislative Decree No. 124/89). The protection of workers placed abroad by temporary employment agencies is also provided for under sections 8(2)(c) and 12 of Legislative Decree No. 358/89. The Committee refers to its comments on the application of Convention No. 97 and notes that it is vital to guarantee migrant workers, including those in an irregular employment, effective protection against the illicit practices of private employment agencies to which they often fall victim owing to their vulnerability (paragraphs 27 and 28 of the conclusions on a fair deal for migrant workers in a global economy adopted at the 92nd Session of the International Labour Conference, June 2004). Consequently, the Committee requests the Government to provide information on the measures adopted in order to provide adequate protection for migrant workers recruited or placed in its territory by private employment agencies, as contemplated by this provision of the Convention. It recalls that these measures shall provide for penalties, including "prohibition" of those private employment agencies which engage in fraudulent practices and abuses.

5. Article 8, paragraph 2. Please specify whether bilateral agreements have been concluded, in particular with States not belonging to the European Union, to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

6. Article 9. Protection of children. The Committee refers to its comments on the application of Conventions Nos. 138 and 182 and requests the Government to specify the measures adopted to ensure that, in practice, child labour is not used or supplied by private employment agencies.

7. Article 10. Investigation procedures concerning the activities of private employment agencies. Please provide a description of the procedures and mechanisms in place, involving if needs be, the most representative organizations of employers and workers, to investigate complaints concerning private employment agencies.

8. Part IV of the report form. Please provide information on any decisions adopted by the national courts in relation to the legal texts concerning services of private employment agencies and temporary work agencies.

9. Part V of the report form. Please provide information on the manner in which the Convention is applied, in particular attaching extracts from general labour inspectorate reports (private employment agencies which have been investigated, infringements of the provisions of the present Convention, sanctions applied), as well as statistics on the number of workers registered with private employment agencies (extracts from statistical reports, national statistics ...). Please also supply extracts from statistical reports established based on information provided by private employment agencies and indicate the means used to ensure that this information concerning the activities of private employment agencies is made publicly available, as well as the information that has been effectively transmitted and the intervals at which this is done (Article 13, paragraphs 3 and 4).