Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Portugal (Ratification: 1981)

Other comments on C144

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The Committee notes the observations of the General Workers’ Union (UGT), transmitted by the Government in its report, which provide information on the issues addressed in this comment.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the indication in the Government’s report that it has engaged in consultations with the most representative workers’ and employers’ organizations on each of the issues set out in Article 5 of the Convention. The Committee also notes the Government’s indication that, during the 107th, 108th, 109th and 110th Sessions of the International Labour Conference, the Government held information sessions and technical discussions with the social partners, in order to organize the Government delegation for the Conference. The Government also informs that a study is ongoing into the feasibility of ratifying the Violence and Harassment Convention, 2019 (No. 190). The Committee notes that Portugal ratified the Work in Fishing Convention, 2007 (No. 188), on 26 November 2019 and the Protocol of 2014 to the Forced Labour Convention, 1930, on 23 December 2020. The Committee also notes that, in its observations, the UGT reiterates that with respect to ratified Conventions and unratified Conventions and Recommendations to which effect has not yet been given consultation procedures are respected in a timely and appropriate manner. However, it considers that the procedure for the ratification of Conventions should be simpler and shorter, and that the information on the basis for the decision to ratify or not a given Convention should be clearer and shared in due time with the social partners. The Committee takes note of the Government's reply to these observations, in which it reiterates that studies on the feasibility of ratifying new Conventions are complex, since they involve the consultation of several departments of the public administration depending on the matters covered by the Conventions under consideration. In addition, it indicates that the possibility of making legislative amendments identified by the study as necessary must often be assessed and that this assessment varies depending on the content of the Convention. The Government reiterates that the public administration often lacks the necessary human resources to be able to carry out feasibility studies quickly. The Committee requests the Government to continue to provide detailed and updated information on the content and outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention. In particular, the Committee requests the Government to provide updated information on the consultations held on the possibility of ratifying the Violence and Harassment Convention, 2019 (No. 190).