Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3(1)(a) and (b), 17 and 18, of the Convention. Distribution of inspection activities between the objectives of prevention and enforcement. Further to its previous comment concerning the observations made by the Confederation of Portuguese Industry (CIP), the Confederation of Trade and Services of Portugal (CCSP), the Portuguese Confederation of Tourism (CTP), the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union  (UGT) concerning the priorities to be given to labour inspection activities, the Committee notes the Government’s indication to the effect that a project for the creation and development of a new website was launched on 12 May 2008. This new site for the Authority for Conditions of Work (ACT) includes the preparation of new explanatory files and the restructuring of the format. In a communication received on 14 September 2009, the UGT repeats its observations and indicates that combating fraud and violations of the legislation must be a priority and the inspection services must be reinforced accordingly. The Committee requests the Government to send any comments that it may wish to make in reply to the observations from the UGT and to supply any relevant information concerning the development of the abovementioned website.

Article 5(a). Effective cooperation between the inspection services and other government services. The Committee notes with interest the indication to the effect that as regards effective cooperation between the inspection services and other government services and, in particular, judicial bodies, the courts inform the ACT of the judgments and other decisions that they issue. In this respect, the Committee notes the numerous court decisions attached to the Government’s report. Some decisions are analysed by the ACT services with a view to a possible review not only of the evaluation criteria used in cases of infringement but also of the inspection procedures themselves. The law enables the courts to have recourse to the ACT when they consider that to be useful for resolving a matter and taking an appropriate decision, and a member of the labour inspection staff may attend hearings in this context. In this regard, Act No. 101 of 12 May 2009 approving the procedure applicable to employment relations and social security strengthens the participation of the ACT in judicial procedures. The Committee requests the Government to continue to supply copies of relevant court decisions as well as any information concerning the strengthening of effective cooperation between the inspection services and other government services, in particular, the judicial bodies.

Article 7. Strengthening the inspection services. Adequate training. In its abovementioned communication the CIP indicates that the ACT should focus on education and information rather than enforcement. As regards strengthening the inspection services, particularly through training, the Committee notes that in 2007 the ACT established 32 programmes of further vocational training. Two training courses were concerned with the computerized system for registering labour inspection activities, another training course was concerned with digital tachographs in road transport, and 13 courses were concerned with occupational safety and health. The remaining courses mainly dealt with machinery and equipment (4), manual handling of loads (4), safety in the construction industry (3), road transport (4) and the prevention of electrical risks. In 2008, a total of 46 programmes were established, including six on the computerized system for the registration of labour inspection activities, four on road transport, two on the participation of minors in performances and other artistic activities, four on temporary work and four on occupational safety and health in agriculture and forestry. The remaining courses mainly dealt with the manual handling of loads (7), machinery and equipment (3), undeclared work and other forms of illegal work (4), exposure to asbestos at work (4), physical hazards (4) and chemical hazards (4). The Committee requests the Government to continue to supply information on any measure or initiative for strengthening the inspection services. It also requests the Government to indicate the impact, if any, of the training given on inspectors’ working methods and their capacity for detecting infringements of the labour legislation.

Articles 10 and 16. Numbers of inspection staff and inspection visits. The Committee notes the new observations made by the CIP and UGT concerning numbers of inspection staff and inspection visits. The CIP indicates that, according to the information available on this subject, the number of inspections increased between 2003 and 2007 (from 40,083 to 60,989) and then decreased between 2007 and 2008 (from 65,284 to 60,989). The number of fatal and non‑fatal industrial accidents also decreased. The UGT reiterates that the inspection services must be reinforced in order to make them more effective. During the tripartite discussions which took place concerning a new system of labour relations, the UGT indicated its wish to see the commitment to strengthen the effectiveness of the labour legislation made a reality, declaring that the making of this commitment was an essential prerequisite for the conclusion of any agreement. The union emphasizes that the Government has kept its promise to boost staff numbers by employing a total of 400 inspectors by the end of 2009 and guaranteeing an increase in the future in order to maintain staffing levels, as well as undertaking to increase the number of technicians and/or administrative staff by recruiting at least 50 persons per year in 2009, 2010 and 2011. The UGT hopes that the expected staff recruitment will indeed take place in line with the agreement concluded. In this respect the Committee notes the information supplied by the Government to the effect that, as at 31 December 2008, the ACT comprised 311 labour inspectors, including 39 with managerial and supervisory duties and eight performing their work within other structures. A notice of 19 July 2007 announced the opening of an external competition for entry to occupational training with a view to taking up a post as labour inspector. Accordingly, 150 trainees were admitted to the inspectorate on 11 May 2009, thereby increasing the number of serving inspectors. The Committee requests the Government to continue to supply information on any measure or initiative taken with a view to strengthening the numbers of labour inspectors. It also requests the Government to supply up-to-date information on the number of inspectors, trainees, technicians and administrative staff currently in service.

The Committee is raising other points in a request addressed directly to the Government.