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

Consultations required by the Convention. Consultations on unratified Conventions. In its previous comments, the Committee invited the social partners to hold consultations to re-examine unratified Conventions and Recommendations to which effect could be given (Article 5(1)(c) of the Convention). The Committee notes the detailed reply provided by the Government in the report received in July 2010 and the further substantive comments made by the Confederation of Trade and Services of Portugal (CCP) and the General Union of Workers (UGT). The CCP recognizes that consultation mechanisms exist, operate and are well established in Portugal. Nevertheless, it indicates that the comments made during consultations in some cases have little impact. In this respect, the Government reiterates that all the views put forward by the organizations are transmitted with the Government’s reports and replies to the ILO, and that it is not responsible for such comments being reflected in the Organization’s documents. The UGT agrees that consultation procedures on ratified Conventions and denunciations are given effect. Nevertheless, the UGT contends that the procedures for the ratification of Conventions are excessively long and lack transparency. In the view of UGT, it is essential to be informed of the procedures followed for the ratification of Conventions so as to determine responsibilities and remedy the situation. The UGT advocates simpler procedures so that the information on the ratification or non-ratification of a Convention are clearer and known in advance to the social partners. The UGT emphasizes that three Conventions are Unemployment Convention, 1988 (No. 168), the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), and the Maternity Protection Convention, 2000 (No. 183). The UGT welcomes the fact that the Government has provided information to the Standing Committee for Social Dialogue (CPCS) on the process of ratifying two Conventions (the Occupational Health Services Convention, 1985 (No. 161), and the Home Work Convention, 1996 (No. 177)). The Government recalls that the process of ratification involves consultation with various ministerial departments, as well as with the ILO concerning the meaning of certain provisions of Conventions. An assessment also has to be made of whether it is appropriate to introduce legislative amendments when they are identified as being necessary by studies on the feasibility of ratification. On many occasions, the public administration lacks the human resources to carry out feasibility studies rapidly. The Government understands that further use can be made of the CPCS to provide information on ratifications. In the case of Conventions which lie within the competence of the legislative authority or when it wishes to hold a parliamentary debate, the Government proposes ratification for approval by the Assembly of the Republic. It notes that the Assembly of the Republic may also take the initiative of deciding upon the ratification of Conventions. The representative organizations of employers and workers are assured the right to express their views on the approval of new Conventions, in accordance with the Labour Code. The Committee invites the Government to continue providing information on the tripartite consultations required by Article 5(1) of the Convention, and hopes that information will be provided in the next report on the progress achieved in relation to the matters raised in this observation, including information related to continuing examination of unratified Conventions (Article 5(1)(c)).