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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on Conventions Nos 81 and 129.

Previous comment on Convention No. 150.

The Committee notes the observations of the General Confederation of Portuguese Workers-National Trade Unions (CGTP-IN) communicated with the Government’s report on the application of Convention No. 150.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. With reference to its previous comment, the Committee notes the Government’s indication that in 2022 and 2023, the Working Conditions Authority (ACT) has implemented new information systems. It notes that the Government does not provide further information on the impact that the information systems have had on reducing the time spent by labour inspectors on administrative tasks. The Committee once again requests the Government to provide information on the measures taken to reduce the time spent by labour inspectors on administrative duties, including the impact of the information systems on the reduction of time spent by labour inspectors on administrative tasks.
Article 3(1)(a) and (b), and (2) of Convention No. 81 and Article 6(1)(a) and (b), and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. In response to its previous comment, the Committee notes the information provided by the Government on the labour inspection activities undertaken with respect to undeclared work between 2019 and 2021, including: 14,846 inspection visits carried out covering 2,614 workers; 4,031 warnings issued; 5,807 enforcement procedures initiated; and fines imposed for a total of €8,960,197.20. It also notes with interest the Government’s indication concerning the regularization of the employment of 1,649 workers and the measures taken to guarantee their social security rights.
Moreover, it notes the information provided by the Government on the establishing, under section 26(1) of Law No. 13 of 2023, of a compulsory register of workers in agricultural enterprises with 10 or more workers, with a view to strengthening the monitoring of compliance with occupational safety and health (OSH) and social security rules. The Committee requests the Government to continue to provide information on the work of the labour inspectorate in relation to the regularization of undeclared work, including the number of workers whose employment status has been regularized, the violations found with respect to their conditions of work (wages, working time, OSH and social security), the measures taken for the restitution of their rights and the results achieved in this respect.
Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. Further to its previous comment, the Committee notes the Government’s indications that: (i) the training for the labour inspector career lasts one year and includes the duties and powers of labour inspectors, OSH conditions, occupational ethics and inspection methodologies, among others; (ii) labour inspectors receive training every year, based on a diagnosis of their needs; and (iii) between 2019 and May 2023, 4,555 labour inspectors received annual training comprising a significant number of hours on labour legislation and technical competencies based on the needs of each functional area of the ACT. The Committee takes note this information, which replies to its previous comment.
Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. Further to its previous comment, the Government notes the information provided by the Government on the increase in the number of labour inspectors from 346 inspectors in 2020 to 457 inspectors in 2022. The Committee also notes that the CGTP-IN alleges that: (i) the ACT has so far failed to ensure at least one occupational safety and health (OSH) technician per regional delegation; and (ii) as in the case of the labour inspection staff, the number of technical experts and specialists in the different areas is still insufficient and cannot meet the current needs of workplaces. In its reply, the Government indicates that: (i) according to the Statute of the General Labour Inspectorate, Decree-Law No. 102 of 2000, labour inspectors are responsible for the prevention and promotion of OSH matters (section 10); (ii) the ACT staff is characterized by having competencies in various domains such as law, engineering, humanities and economics; additionally, initial and continuous training is provided based on the priority areas of intervention including OSH; and (iii) a significant reinforcement of the ACT staff has been carried out, with a 20.5 per cent increase in inspectors in 2021 compared to the 2020 staff. The Committee requests the Government to continue to provide information on the measures taken to recruit a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate. It also requests the Government to continue to provide information on the measures taken to ensure that duly qualified technical specialists are associated in the work of labour inspection.
Article 11(1)(b) of Convention No. 81 and Article 15(1)(b) of Convention No. 129. Necessary transport facilities. With reference to its previous comment, the Committee notes the Government’s indication concerning the renewal of the ACT vehicle fleet in 2021 and 2022. It also notes that the Government did not provide information on the number of vehicles in good condition that are available to labour inspectors. The Committee requests the Government to continue to provide information on the measures taken to ensure the availability of the necessary transport facilities for labour inspectors. It also once again requests the Government to provide specific information on the number of vehicles in good condition at the disposal of labour inspectors.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the autonomous regions of the Azores and Madeira. Further to its previous comment, the Committee notes the 2019, 2020, 2021 and 2022 reports on labour inspection activities in the autonomous region of Madeira and the 2022 report on labour inspection activities in the autonomous region of Azores communicated by the Government. It notes that the reports contain information mainly on the number of inspection visits carried out, the number of violations detected, the administrative proceedings initiated and the sanctions imposed. It notes once again the absence of information in the labour inspection report of Madeira concerning any inspection activities undertaken with respect to agriculture. The Committee also notes that the Government indicates that the labour inspection reports are regularly published on the ACT website. The Committee once again requests the Government to take the necessary measures to ensure that the annual labour inspection reports contain information on all the subjects covered in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including those not covered in its last annual reports (labour inspectorate staff, statistics of workplaces liable to inspection and the number of workers employed therein and statistics of industrial accidents and occupational diseases).

Issues specifically concerning agriculture

Articles 6(1)(a) and (b) and 21 of Convention No. 129. Labour inspection activities in the agricultural sector. Further to its previous comments, the Committee notes the information provided by the Government on the labour inspection activities carried out in the agricultural sector, including 643 inspection visits carried out in 2020 covering 9,973 workers and 1,092 inspections in 2021 covering 15,801 workers; 465 enforcement procedures initiated in 2020 and 787 enforcement procedures in 2021; and fines totalling €586,051.78 imposed in 2020 and €1,252,255.5 in 2021.
Lastly, it notes the indications provided by the Government on the information campaigns carried out in the agricultural sector in 2015, 2016, 2017 and 2021 on the protection against undeclared work, the improvement of working conditions, including those of temporary workers; and the prevention of occupational risks in the use of machinery and work equipment. The Committee requests the Government to continue to provide information on the measures taken to ensure that agricultural enterprises are inspected with the frequency and thoroughness necessary to ensure the effective application of the relevant legal provisions, specifying the measures taken in this respect in relation to smaller enterprises.

Labour Administration Convention, 1978 (No. 150)

Articles 2, 5, 6(2)(c) and (d) of the Convention. Promotion by the labour administration of effective consultation and cooperation between public entities and employers’ and workers’ organizations and effective functioning of collective bargaining in the field of labour policy. In reply to its previous comment, the Committee notes the Government’s indications that several collective agreements have been signed within the Permanent Social Dialogue Committee (CPCS), which is responsible for promoting dialogue and tripartite concertation, including the 2018 agreement to combat labour precariousness, promote collective bargaining and reduce the individualization of labour relations (which lead to the implementation of amendments to the Labour Code limiting the use of fixed-term contracts and temporary work); the 2021 agreement on social dialogue and professional training; and the 2022 agreement on improving the minimum wage and promoting its setting through collective bargaining. It further notes the information provided by the Government on the number of collective bargaining agreements concluded from 2011 to 2022.
The Committee also notes that the CGTP-IN alleges that the consultations are largely a formality, that there is no room for constructive dialogue on the basis of the unions’ proposals and that there is no effective negotiation of labour policies, as they are often preconceived. The Committee requests the Government to provide its comments in this respect and to continue to provide information on the arrangements made to secure consultation, co-operation and negotiation between the labour administration authorities and the most representative organizations of employers and workers.
Article 6(1), (2)(a) and (b). Functions of the labour administration system with regard to employment. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of a number of laws which give effect to national labour policy, including Law No. 63 of 2013, which establishes mechanisms to combat the improper use of service contracts in subordinate employment relationships (section 4); Law No. 55 of 2017 on the recognition of the existence of an employment contract and the fight against undeclared work, including false internships and volunteers (section 1); and Law No. 13 of 2023, adopted within the framework of the Decent Work Agenda of the country, to combat the reduction of job insecurity (section 23(2)). It also notes the information provided by the Government concerning the provision of support measures as a means of overcoming unemployment, precarious work and job insecurity.
The Committee further notes that the CGTP-IN alleges that the measures adopted by the Government to combat precarious work are ineffective. The Committee requests the Government to continue to provide information on the laws and regulations giving effect to the national labour policy, which have been prepared and adopted within the ambit of the labour administration bodies, as well as on the means proposed to overcome issues relating to the situation of employed workers, such as undeclared work and precarious employment.
Article 10. Training and conditions of service of the staff of the labour administration system. Further to its previous comments, the Committee notes the information provided by the Government on the increase in the staff of the Institute for Employment and Vocational Training (IEFP), a labour administration body, through the procedures implemented under Law No. 112 of 2017 for the regularization of precarious employment in the public administration and the signing of public service employment contracts of indefinite duration; and the increase in the overall salaries of civil servants by virtue of Decree-Law No. 10-B of 2020, Decree-Law No. 10/2021, Decree-Law No. 109-A of 2021, Decree-Law No. 84-F of 2022 and the 2022 annual agreement signed between the Government and the unions.
It further notes the information provided by the Government on the training activities provided to the various labour administration bodies, inter alia, the Institute for Employment and Vocational Training, the Directorate-General for Employment and Labour Relations, the Institute for Social Security, as well as on the training areas including law and occupational safety and health.
The Committee also notes that the CGTP-IN alleges that the salaries of labour administration employees have been affected by inflation and that the Government’s reluctance to increase the number of labour administration staff has affected the quality and effectiveness of labour-related policies. The Committee requests the Government to provide its comments in this respect and to continue to provide information on the measures taken to ensure that the labour administration staff have the material means and the financial resources necessary for the effective performance of their duties.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee notes the decision of the tripartite Committee set up to examine the representation submitted under article 24 of the ILO Constitution by the Trade Union of Labour Inspectors (SIT) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155).
The Committee notes the observations of the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN) communicated with the Government’s reports on the application of Conventions No. 81 and 129 and the reply of the Government.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. With reference to its previous comment, the Committee notes that the Government indicates that Decree Law No. 112 of 2001 establishing the career prospects (sections 3, 4, 5 and 6) and salary structure of labour inspectors (section 3(2) and its annex) has not yet been amended to ensure that the remuneration levels and career prospects of labour inspectors correspond to those of other officials with similar functions. It also notes that the Government does not provide information on the employment stability of labour inspectors. The Committee once again requests the Government to provide information on the employment stability of labour inspectors. Furthermore, it requests the Government to intensify its efforts to improve the conditions of service of labour inspectors, including any measures taken to ensure that their remuneration levels and career prospects correspond to those of other officials exercising similar functions. In addition, it requests the Government to provide detailed information on the salary and benefit structure of labour inspectors in comparison with those of other public officials performing similar functions (such as tax inspectors or police officers).
Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. Further to its previous comment, the Committee notes the information provided by the Government on the labour inspection activities carried out from 2013 to 2021, including an increase in the number of labour inspection visits carried out and workers covered in 2021. It notes the number of violations identified, warnings issued and workplace suspensions ordered during this period. It also notes that the Government did not provide information on the number of inspections planned in relation to the number of inspections that are reactive to complaints or industrial accidents.
The Committee further recalls the previous observations of the General Workers’ Union and Confederation of Trade and Services of Portugal, which alleged that the Working Conditions Authority (ACT) focuses on prevention to the detriment of inspections and the application of sanctions, and observes that the Government did not provide any comments in response to these observations.
Moreover, the Committee notes that the CGTP-IN alleges that, although there was an increase in inspection visits in 2021, the number of inspections carried out remains insufficient, resulting in serious consequences for workers. In this regard, the Government states that increasing the overall number of inspection visits, with a view to promoting improved working conditions, has been one of the strategic objectives defined for planning ACT’s intervention, which is reflected in a greater number of inspections carried out. The Committee requests the Government to continue to provide information on the number of labour inspections carried out and workers covered. It also once again requests the Government to provide information on the number of planned inspections and the number of inspections in response to complaints or accidents, as well as on the nature and number of violations identified and the measures and sanctions imposed.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.
The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP) received with the Government’s report.
Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. The Committee notes that the Government reiterates, in its report in response to its previous request concerning additional duties entrusted to labour inspectors, that labour inspectors are not assigned any duties that are not related to their supervisory, sanctioning and advisory activities. The Government states that administrative tasks are not estimated to account for more than 20 per cent of the working time of inspectors. The Committee also takes note that, with the aim of improving the efficiency of the processes of the Working Conditions Authority (ACT), a project to renew its information system is in progress, and should be operational by mid-2020. In this regard, the Committee takes note that the General Worker’s Union (UGT) states that labour inspectors should focus on inspection activities and should no longer be required to carry out ancillary tasks due to the absence of adequate staff. The Committee notes that the Government indicates in this regard that a set of digitalization measures are envisaged in order to simplify inspection procedures for labour inspectors. The Committee also notes that a 2018 tripartite agreement includes measures to strengthen the information systems of the ACT. The Government indicates that this already includes use of the data contained in the Social Security Information System and in the Strategy and Planning Office of the Ministry of Labour, Solidarity and Social Security, and that steps are being taken to enable the ACT to access data contained in the information system of the Tax and Customs Authority. The Committee requests the Government to continue to provide information on the measures taken or envisaged to reduce the proportion of time spent by labour inspectors on administrative duties. In this respect, it requests the Government to provide information on the impact of the new information system in reducing the time spent on administrative tasks by labour inspectors.
Articles 3(1)(a) and (b) and (2) of Convention No. 81 and Articles 6(1)(a) and (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in response to its previous request concerning the enforcement of outstanding labour rights of undocumented migrant workers that the data on undeclared work is not disaggregated between migrant and non-migrant workers. In this regard, the Government indicates that there are no separate inspection procedures for migrant workers, who are therefore covered under the same terms as non-foreign workers. In this regard, the Committee notes the data provided by the Government on the overall number of undeclared workers detected and the number of regularized workers (1,077 undeclared workers detected in 2017 and 532 regularized). It also notes the information in the Annual Report of the ACT of 2017, on inspection action related to vulnerable groups of workers, that 231 inspections related to migrant workers were undertaken in 2017 (compared with 347 visits in 2016 and 532 visits in 2015). The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to regularizing undeclared workers. It also requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers that were detected in the course of inspections (including undocumented migrant workers) but not subsequently registered, including any specific instances in which the inspectorate undertook to assert the rights of unregistered workers to redress labour law violations and the results achieved.
Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 22(1) and 24 of Convention No. 129. Enforcement and advisory activities. The Committee notes the information of the Government on the advisory activities carried out by the ACT, including face-to-face and telephone assistance to workers and employers, seminars, trainings and electronic publications. It also notes the information provided concerning the enforcement activities of the ACT, including the issuance of 6,863 warnings, 23,029 compliance notices, and 8,665 violations for which penalties imposed (amounting to €17,272,018) in 2017, compared with 3,585 warnings, 18,609 compliance notices and 10,379 violations for which penalties were imposed (amounting to €15,750,500) in 2016. The Committee notes this information.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In response to its previous request concerning the training for labour inspectors, the Committee notes the Government’s indication that the ACT carries out a continuous training activity for inspectors, based on the needs of the services and the annual planning of activities (including activities on topics agreed with the representatives of workers’ and employers’ organizations). The Committee takes note that 260 labour inspectors attended training activities in 2016 as well as 146 in 2017. The Committee requests the Government to continue to provide information on the training activities for labour inspectors (including information on their frequency, length and content).
Article 11(1)(a) and (b) and (2) of Convention No. 81 and Article 15(1)(a)(b) and (2) of Convention No. 129. Suitably equipped offices and necessary transport facilities. In response to its previous request concerning office facilities and equipment for labour inspectors, the Committee notes the Government’s indication that, with the aim of promoting mobility and improving working conditions, the workplaces of all inspectors are supplied with computing devices such as a laptops and monitors. The Committee also notes the Government’s indication, in response to its request concerning vehicles, that inspectors are provided with vehicles that have their safety status checked, and that users are responsible for reporting any malfunctions. It further notes that the ACT also pays for public transport. The Committee requests the Government to continue to take measures to ensure the availability of the necessary transport facilities and to provide specific information on the number of vehicles in good condition that are available to labour inspectors.
Article 11(2) of Convention No. 81 and Article 15(2) of Convention No. 129. Reimbursement of incidental expenses. In response to its previous request concerning the legislation which governs the reimbursement of expenses incurred in the duties of labour inspectors, the Committee notes the Government’s indication that Decree-Law No. 106/98 provides for per diem subsistence and transport allowances for civil servants when they are employed in public service on national territory. The amount paid by way of per diem subsistence allowance is used to compensate the costs of meals and accommodation, as well as other work activities arising from the inspection service. These expenses are normally paid in the month following the month in which they were incurred, while all other required reimbursements, if justified, are paid as soon as possible. The Committee notes this information.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the autonomous regions of the Azores and Madeira. In response to its previous request concerning the information on the work of the inspection services in the autonomous regions of the Azores and Madeira, the Committee notes the 2016, 2017 and 2018 reports on labour inspection activities in the autonomous regions of the Azores and Madeira communicated by the Government. It notes an absence of information in the labour inspection report of Madeira concerning any inspection activities undertaken with respect to agriculture. The Committee once again requests the Government to continue its efforts to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is published and communicated to the ILO containing information on all the items listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning agriculture

Articles 6(1)(a) and (b) and 21 of Convention No. 129. Labour inspection activities in the agricultural sector. The Committee notes the observations made by the UGT that, despite the efforts made, inspection in the agricultural sector is still insufficient due to the large number of small businesses, many of them family businesses. In this regard, the Committee notes from the information provided in the Government’s annual reports the decrease in: (i) the number of inspections in the agricultural sector (from 945 in 2013 to 620 in 2017); (ii) the number of agricultural undertakings inspected (from 757 in 2013 to 460 in 2017); (iii) the number of workers covered (from 5,968 in 2013 to 3,509 in 2017); and (iv) the number of violations detected in the sector (from 575 in 2013 to 139 in 2017). The Committee requests the Government to provide information on the measures it is taking to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including specific measures aimed at smaller businesses.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) and the information in the 2018 report on the activities of the Working Conditions Authority (ACT). Moreover, the Committee notes the observations made by the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP), communicated with the Government’s report.
The Committee further notes the observations made by the UGT, and the Confederation of Trade and Services of Portugal (CCSP) received in 2020, communicated with the Government’s supplementary information. It notes that the UGT alleges that the ACT: (i) focuses on prevention at the expense of inspections and application of penalties; (ii) insufficiently coordinates its work with social partners; and (iii) issues its activity reports on inspections at irregular intervals and with many delays. The Committee asks the Government to provide its comments in this respect.
The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the Union of Labour Inspectors (SIT), alleging non-compliance by Portugal with the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 340th Session (October–November 2020), the Governing Body decided that it was receivable and to designate a tripartite committee for its examination (GB.340/INS/19/8, paragraph 5). The Committee notes that the allegations contained in the representation refer to Articles 7 and 10 of Convention No. 81, and 9 and 14 of Convention No. 129 concerning training and number of labour inspectors. In accordance with its usual practice, the Committee has decided to suspend its examination of these issues pending the decision of the Governing Body in respect of the representation.
COVID-19 measures. The Committee appreciates the efforts of the Government to provide information on the labour inspection measures taken by the Government in the context of the COVID-19 pandemic, including Decree No. 2-C/2020 of 17 April 2020, regulating the extension of the state of emergency decreed by the President of the Republic, which foresees strengthening the resources and powers of the ACT. The Committee also notes that CCSP indicates that a working group was established to monitor labour matters during the crisis arising from the COVID-19 pandemic, chaired by the Inspector General, with the participation of social partners, and that this group monitored the implementation of emergency measures and included a report on the inspections conducted by the ACT.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee takes note of the information provided by the Government in its report in response to the Committee’s previous request concerning overtime. It also takes note of the Government’s indication that the career of labour inspectors, as well as their development, is provided for in Decree-Law No. 112/2001, which establishes the legal framework and defines the structure of the inspection careers of the Public Administration. In addition to the base salary provided for in that Decree-Law, inspectors are also entitled to a supplement for the exercise of the inspection function amounting to 22.5 per cent of the base salary. The Committee notes the Government’s indication that pursuant to this Decree-Law, a new career and remuneration system will be implemented for labour inspectors. In this regard, the Committee takes note that the UGT indicates that it has opposed the worsening of working conditions for labour inspectors and their lack of career prospects (which prevents progression). The union further indicates that, in 2018, a tripartite agreement was signed called “Combating precariousness and reducing labour segmentation and promoting greater dynamism in collective bargaining”, which includes measures aimed at strengthening the conditions of service of the ACT. The UGT indicates that the agreement provides for measures to strengthen conditions of service at the ACT, the number of labour inspectors, the information systems of the ACT and mechanisms for hearing the views of the social partners. The Committee requests the Government to continue to provide information on measures taken to improve the conditions of service of labour inspectors, including the results obtained through the implementation of the 2018 tripartite agreement. In this respect, it requests information on the measures taken, including within the context of the new career and remuneration system, to ensure that the remuneration levels and career prospects for labour inspectors are commensurate with that of other public officials exercising similar functions. In addition, the Committee requests information on stability of employment for labour inspectors (excluding management positions), including information on the proportion of inspectors with two years, five years, and more than eight years on the job.
Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. In its previous comments, the Committee welcomed the Government’s indication that the ACT was in the process of recruiting 117 labour inspectors. It notes that in September 2019 and in May 2020, an additional 53 and 80 new inspectors were recruited respectively, raising the total number of labour inspectors to 417 by 2020 (compared with 359 inspectors in 2012). The Committee also notes the Government’s indication that, in addition to labour inspectors, the ACT has a total of 505 support staff (as compared to 514 in 2016) and that a number of competitions have been opened for the recruitment of senior technicians. In this regard, the Committee takes note that the CGTP–IN states that both the number of labour inspectors and support staff are still insufficient to ensure the effective exercise of the functions of the inspection service. The CGTP–IN also indicates that the ACT does not ensure the presence of at least one occupational safety and health technician in each regional office. The Committee welcomes the Government’s efforts to ensure the recruitment of a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate, and requests it to continue to provide information on any further measures taken in this respect. It also requests the Government to continue to provide information on the training or other measures taken to facilitate the rapid integration of these new inspectors. Lastly, it requests the Government to provide information on the measures taken to ensure that duly qualified technical specialists are associated with the work of inspection.
Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. In response to its previous request concerning an inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits, the Committee notes the Government’s indication that the definition of inspection priorities is based on: (i) the monitoring of undertakings where accidents at work have occurred or occupational diseases have been detected; and (ii) consideration of the number of workers potentially covered by the situations considered to be the most serious for their safety or physical and mental health. The Government indicates that the new information system will contribute to a more efficient and effective planning of the inspection action. The Government states that, in this process, the employers’ and workers’ organizations represented on the ACT’s Consultative Board are consulted, having agreed on the Iberian Campaign for the Prevention of Accidents at Work (2016–18) and the National Campaign for Safety and Health for Temporary Workers (2016–18).
The Committee notes that the CGTP–IN asserts that the number of inspection visits has decreased dramatically over the years, as well as the number of workplaces visited and the number of workers covered. In this regard, the Committee notes the substantial decrease in the number of inspections (from 90,758 in 2011 to 37,482 in 2017), the number of undertakings inspected (from 80,159 in 2011 to 24,584 in 2017) and the number of workers covered (from 609,343 in 2011 to 317,838 in 2017). However, it also notes that over the same period, the number of violations detected increased from 17,607 in 2011 to 24,352 in 2017. In this regard, the Committee notes that the Government indicates that in 2013, there was a change in the statistical criteria for collecting information on the number of inspection visits and workplaces visited to avoid inflating the data by counting a visit to the same workplace that covered different subjects as a new visit. The Government further states that the data on the outcome of inspection visits indicate that there have been no significant changes in the number of penalties applied. The Committee notes, in addition, that according to the information in the 2018 report on the activities of the ACT, there has been increase from 2017 to 2018 in the number of inspections (38,287 in 2018), number of undertakings inspected (25,200), workers covered by inspections (399,836) and violations detected (26,465). Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on developments related to the overall number of labour inspections undertaken and workers covered. In this respect, the Committee requests the Government to continue to provide information on the number of inspections that are planned versus the number that are reactive to complaints or accidents; the average or normal duration of planned versus reactive inspections; and the nature and number of violations identified and sanctions pursued for each type of inspection.
The Committee is raising other matters in a request addressed directly to the Government which reiterates the content of its previous request adopted in 2019.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.
The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP) received with the Government’s report.
Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. The Committee notes that the Government reiterates, in its report in response to its previous request concerning additional duties entrusted to labour inspectors, that labour inspectors are not assigned any duties that are not related to their supervisory, sanctioning and advisory activities. The Government states that administrative tasks are not estimated to account for more than 20 per cent of the working time of inspectors. The Committee also takes note that, with the aim of improving the efficiency of the processes of the Working Conditions Authority (ACT), a project to renew its information system is in progress, and should be operational by mid-2020. In this regard, the Committee takes note that the General Worker’s union (UGT) states that labour inspectors should focus on inspection activities and should no longer be required to carry out ancillary tasks due to the absence of adequate staff. The Committee notes that the Government indicates in this regard that a set of digitalization measures are envisaged in order to simply the inspection procedures for labour inspectors. The Committee also notes that a 2018 tripartite agreement includes measures to strengthen the information systems of the ACT. The Government indicates that this already includes use of the data contained in the Social Security Information System and in the Strategy and Planning Office of the Ministry of Labour, Solidarity and Social Security, and that steps are being taken to enable the ACT to access data contained in the information system of the Tax and Customs Authority. The Committee requests the Government to continue to provide information on the measures taken or envisaged to reduce the proportion of time spent by labour inspectors on administrative duties. In this respect, it requests the Government to provide information on the impact of the new information system in reducing the time spent on administrative tasks by labour inspectors.
Articles 3(1)(a) and (b) and (2) of Convention No. 81 and Articles 6(1)(a) and (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in response to its previous request concerning the enforcement of outstanding labour rights of undocumented migrant workers that the data on undeclared work is not disaggregated between migrant and non-migrant workers. In this regard, the Government indicates that there are no separate inspection procedures for migrant workers, who are therefore covered under the same terms as non-foreign workers. In this regard, the Committee notes the data provided by the Government on the overall number of undeclared workers detected and the number of regularized workers (1,077 undeclared workers detected in 2017 and 532 regularized). It also notes the information in the Annual Report of the ACT of 2017, on inspection action related to vulnerable groups of workers, that 231 inspections related to migrant workers were undertaken in 2017 (compared with 347 visits in 2016 and 532 visits in 2015). The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to regularizing undeclared workers. It also requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers that were detected in the course of inspections (including undocumented migrant workers) but not subsequently registered, including any specific instances in which the inspectorate undertook to assert the rights of unregistered workers to redress labour law violations and the results achieved.
Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 22(1) and 24 of Convention No. 129. Enforcement and advisory activities. The Committee notes the information of the Government on the advisory activities carried out by the ACT, including face-to-face and telephone assistance to workers and employers, seminars, trainings and electronic publications. It also notes the information provided concerning the enforcement activities of the ACT, including the issuance of 6,863 warnings, 23,029 compliance notices, and 8,665 violations for which penalties imposed (amounting to €17,272,018) in 2017, compared with 3,585 warnings, 18,609 compliance notices and 10,379 violations for which penalties were imposed (amounting to €15,750,500) in 2016. The Committee notes this information.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In response to its previous request concerning the training for labour inspectors, the Committee notes the Government’s indication that the ACT carries out a continuous training activity for inspectors, based on the needs of the services and the annual planning of activities (including activities on topics agreed with the representatives of workers’ and employers’ organizations). The Committee takes note that 260 labour inspectors attended training activities in 2016 as well as 146 in 2017. The Committee requests the Government to continue to provide information on the training activities for labour inspectors (including information on their frequency, length and content).
Article 11(1)(a) and (b) and (2) of Convention No. 81 and Article 15(1)(a)(b) and (2) of Convention No. 129. Suitably equipped offices and necessary transport facilities. In response to its previous request concerning office facilities and equipment for labour inspectors, the Committee notes the Government’s indication that, with the aim of promoting mobility and improving working conditions, the workplaces of all inspectors are supplied with computing devices such as a laptops and monitors. The Committee also notes the Government’s indication, in response to its request concerning vehicles, that inspectors are provided with vehicles that have their safety status checked, and that users are responsible for reporting any malfunctions. It further notes that the ACT also pays for public transport. The Committee requests the Government to continue to take measures to ensure the availability of the necessary transport facilities and to provide specific information on the number of vehicles in good condition that are available to labour inspectors.
Article 11(2) of Convention No. 81 and Article 15(2) of Convention No. 129. Reimbursement of incidental expenses. In response to its previous request concerning the legislation which governs the reimbursement of expenses incurred in the duties of labour inspectors, the Committee notes the Government’s indication that Decree-Law No. 106/98 provides for per diem subsistence and transport allowances for civil servants when they are employed in public service on national territory. The amount paid by way of per diem subsistence allowance is used to compensate the costs of meals and accommodation, as well as other work activities arising from the inspection service. These expenses are normally paid in the month following the month in which they were incurred, while all other required reimbursements, if justified, are paid as soon as possible. The Committee notes this information.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the autonomous regions of the Azores and Madeira. In response to its previous request concerning the information on the work of the inspection services in the autonomous regions of the Azores and Madeira, the Committee notes the 2016, 2017 and 2018 reports on labour inspection activities in the autonomous regions of the Azores and Madeira communicated by the Government. It notes an absence of information in the labour inspection report of Madeira concerning any inspection activities undertaken with respect to agriculture. The Committee once again requests the Government to continue its efforts to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is published and communicated to the ILO containing information on all the items listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.
Articles 6(1)(a) and (b) and 21 of Convention No. 129. Labour inspection activities in the agricultural sector. The Committee notes the observations made by the UGT that, despite the efforts made, inspection in the agricultural sector is still insufficient due to the large number of small businesses, many of them family businesses. In this regard, the Committee notes from the information provided in the Government’s annual reports the decrease in: (i) the number of inspections in the agricultural sector (from 945 in 2013 to 620 in 2017); (ii) the number of agricultural undertakings inspected (from 757 in 2013 to 460 in 2017); (iii) the number of workers covered (from 5,968 in 2013 to 3,509 in 2017); and (iv) the number of violations detected in the sector (from 575 in 2013 to 139 in 2017). The Committee requests the Government to provide information on the measures it is taking to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including specific measures aimed at smaller businesses.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee notes the observations made by the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP), communicated with the Government’s report.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee takes note of the information provided by the Government in its report in response to the Committee’s previous request concerning overtime. It also takes note of the Government’s indication that the career of labour inspectors, as well as their development, is provided for in Decree-Law No. 112/2001, which establishes the legal framework and defines the structure of the inspection careers of the Public Administration. In addition to the base salary provided for in that Decree-Law, inspectors are also entitled to a supplement for the exercise of the inspection function amounting to 22.5 per cent of the base salary. The Committee notes the Government’s indication that pursuant to this Decree-Law, a new career and remuneration system will be implemented for labour inspectors. In this regard, the Committee takes note that the UGT indicates that it has opposed the worsening of working conditions for labour inspectors and their lack of career prospects (which prevents progression). The union further indicates that, in 2018, a tripartite agreement was signed called “Combating precariousness and reducing labour segmentation and promoting greater dynamism in collective bargaining”, which includes measures aimed at strengthening the conditions of service of the Working Conditions Authority (ACT). The UGT indicates that the agreement provides for measures to strengthen conditions of service at the ACT, the number of labour inspectors, the information systems of the ACT and mechanisms for hearing the views of the social partners. The Committee requests the Government to continue to provide information on measures taken to improve the conditions of service of labour inspectors, including the results obtained through the implementation of the 2018 tripartite agreement. In this respect, it requests information on the measures taken, including within the context of the new career and remuneration system, to ensure that the remuneration levels and career prospects for labour inspectors are commensurate with that of other public officials exercising similar functions. In addition, the Committee requests information on stability of employment for labour inspectors (excluding management positions), including information on the proportion of inspectors with two years, five years, and more than eight years on the job.
Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. In its previous comments, the Committee welcomed the Government’s indication that the ACT was in the process of recruiting 117 labour inspectors. The Committee takes note of the Government’s indication that 117 labour inspectors mentioned previously are still in the process of being recruited and that the total number of labour inspectors has decreased from 314 in 2016 to 303 in 2017 (compared with 359 inspectors in 2012). It further notes the information available on the website of the Government that in September 2019, an additional 53 new inspectors were recruited, and that an additional 80 inspectors were scheduled to be recruited by the end of 2019. The Committee also notes the Government’s indication that, in addition to the labour inspectors, the ACT has a total of 505 support staff (as compared to 514 in 2016) and that a number of competitions have been opened for the recruitment of senior technicians. In this regard, the Committee takes note that the CGTP–IN states that both the number of labour inspectors and support staff are still insufficient to ensure the effective exercise of the functions of the inspection service. The CGTP–IN also indicates that the ACT does not ensure the presence of at least one occupational safety and health technician in each regional office. The Committee urges the Government to pursue its efforts to ensure the recruitment of a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate. It requests the Government to continue to provide information on the progress made in this respect and any training or other measures taken to facilitate the rapid integration of these new inspectors. Lastly, it requests the Government to provide information on the measures taken to ensure that duly qualified technical specialists are associated with the work of inspection.
Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. In response to its previous request concerning an inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits, the Committee notes the Government’s indication that the definition of inspection priorities is based on: (i) the monitoring of undertakings where accidents at work have occurred or occupational diseases have been detected; and (ii) consideration of the number of workers potentially covered by the situations considered to be the most serious for their safety or physical and mental health. The Government indicates that the new information system will contribute to a more efficient and effective planning of the inspection action. The Government states that, in this process, the employers’ and workers’ organizations represented on the ACT’s Consultative Board are consulted, having agreed on the Iberian Campaign for the Prevention of Accidents at Work (2016–18) and the National Campaign for Safety and Health for Temporary Workers (2016–18).
The Committee notes that the CGTP–IN asserts that the number of inspection visits has decreased dramatically over the years, as well as the number of workplaces visited and the number of workers covered. In this regard, the Committee notes the substantial decrease in the number of inspections (from 90,758 in 2011 to 37,482 in 2017), the number of undertakings inspected (from 80,159 in 2011 to 24,584 in 2017) and the number of workers covered (from 609,343 in 2011 to 317,838 in 2017). However, it also notes that over the same period, the number of violations detected increased from 17,607 in 2011 to 24,352 in 2017. In this regard, the Committee notes that the Government indicates that in 2013, there was a change in the statistical criteria for collecting information on the number of inspection visits and workplaces visited to avoid inflating the data by counting a visit to the same workplace that covered different subjects as a new visit. The Government further states that the data on the outcome of inspection visits indicate that there have been no significant changes in the number of penalties applied. Noting these indications, and recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide further information on the reasons for the decrease in the overall number of labour inspections undertaken and workers covered. In this respect, the Committee requests the Government to continue to provide information on the number of inspections that are planned versus the number that are reactive to complaints or accidents; the average or normal duration of planned versus reactive inspections; and the nature and number of violations identified and sanctions pursued for each type of inspection.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.
The Committee notes the observations made by the Trade Union Association of Civil Servants of the Authority for Food and Economic Security (ASF–ASAE) received on 5 January 2016 and on 19 April 2017, concerning the status, conditions of service and work of market surveillance and food inspectors, who do not assume labour inspection functions within the meaning of the Convention.
Articles 3(1)(a) and (b) and (2) of Convention No. 81 and Articles 6(1)(a) and (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. The Committee notes that pursuant to section 566 of the Labour Code, employers may only be “eligible” for the minimum fine under the Code where they settle any outstanding obligations towards workers. Noting the statistical information provided by the Government on cases concerning the payment of outstanding wages and social security benefits, the Committee requests the Government to provide relevant information on the enforcement of outstanding labour rights of undocumented foreign workers.
Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 22(1) and 24 of Convention No. 129. Distribution of inspection activities between advice and enforcement. The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) alleging that preference is given to preventive activities over control activities. In this respect, the Committee notes the Government’s indication that there has been no decrease in the number of labour inspections devoted solely to controlling compliance, and that monitoring and control have not been made secondary to information and awareness raising. The Government adds that the decrease in the number of labour inspections resulting in enforcement measures from 2014 to 2015 was due to a commitment of the Working Condition Authority (ACT) to the greater use of “non-coercive” measures (that is, information and advice, warnings, and notifications to take action). Noting the Government’s indication that the decrease in non-coercive measures was only temporary, the Committee requests the Government to provide information on how it is ensured that an appropriate balance is struck between the advisory functions of labour inspection, and its enforcement functions as part of a comprehensive compliance strategy.
Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. The Committee notes that the report of the tripartite committee set up to examine the representation alleging non-observance by Portugal of Convention No. 81, Convention No. 129, and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT) adopted by the Governing Body at its 324th Session (June 2015) observed that the strategy paper of the ACT had identified the continuous adaptation of competencies in the context of change as one of the weaknesses of the ACT. In this respect, the Committee notes that the Government provides statistical information on the training provided to labour inspectors in 2013, 2014 and 2015 (including information on the subject matters, length and number of participants of training), and indicates that the training of labour inspectors includes innovative subjects, without providing further information, as requested by the tripartite committee, on any difficulties in this respect. The Committee requests the Government to indicate how the training provided has contributed to the continuous adaptation of competencies of labour inspectors and to provide information on the discussions undertaken with the social partners on the specific training needs of labour inspectors in light of current realities and labour market developments.
Article 11(1)(b) and (2) of Convention No. 81 and Article 15(1)(b) and (2) of Convention No. 129. Mechanisms to ensure the mobility and physical safety of labour inspectors. The Committee notes that the tripartite committee considered that the arrangements in the central and decentralized offices in principle ensured sufficient mobility for labour inspectors to carry out their duties. However, the tripartite committee also noted the allegations made by the SIT concerning the unsafe conditions of transport vehicles. The Committee requests the Government, in line with the tripartite committee, to take measures to ensure the physical safety of labour inspectors (such as the purchase of new vehicles or the regular maintenance of existing vehicles).
Article 11(2) of Convention No. 81 and Article 15(2) of Convention No. 129. Reimbursement of incidental expenses. The Committee notes that the tripartite committee observed the allegations made by the SIT that, in certain remote units of the ACT, expenses for inspection-related travel, such as parking costs, are not reimbursed. In this respect, the Committee notes the indications of the Government that all expenses incurred by labour inspectors in the discharge of their functions are reimbursed upon submission of a request and supporting documentation. The Government adds that the administrative procedure for reimbursement is standardized (inspectors must fill out a form and attach the corresponding bills or receipts) and governed by specific legislation. The Committee requests the Government to provide information on the legislation referred to by the Government, which governs the reimbursement of expenses incurred in the duties of labour inspectors.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the Autonomous Regions of Madeira and the Azores. The Committee notes that the Government has communicated some statistical data in its 2013 and 2016 reports on labour inspection activities in the Autonomous Regions of Madeira and the Azores. Concerning agriculture, the Committee notes that while some statistics have been provided in relation to such activities in the Azores, no relevant information was provided in relation to Madeira. The Committee requests the Government to continue its efforts to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is published and communicated to the ILO, preferably reflected in a separate part of the general labour inspection annual report, containing information on all the items listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning agriculture

Articles 6(1)(a) and (b), 22, 23 and 24 of Convention No. 129. Labour inspection activities in the agricultural sector. Following its previous comment, the Committee notes that the agricultural sector continues to have a high rate of fatal occupational accidents and that a safety and health campaign in agriculture, animal production and forestry was therefore launched in 2012. The Committee requests the Government to refer in this regard to its comments under the Safety and Health in Agriculture Convention, 2001 (No. 184), in this regard.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.
The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT) received with the Government’s reports.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes the report of the committee set up to examine the representation alleging non-observance by Portugal of these Conventions, and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT), adopted by the Governing Body at its 324th Session (June 2015).
Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. The Committee notes the Government’s indications, in reply to the request of the tripartite committee, on the decrease in the administrative support staff of the Working Conditions Authority (ACT), that any administrative tasks assumed by labour inspectors are only those related to their primary functions (such as entering information into the ACT database), and are not estimated to account for more than 20 per cent of the working time of labour inspectors. On the other hand, the Committee notes the observations made by the UGT that labour inspectors should not be forced to carry out ancillary tasks in the absence of sufficient support staff. The Committee observes that the Government does not provide further information concerning the allegations made by the SIT in the context of the article 24 representation that labour inspectors are assigned logistical and maintenance tasks (visiting auto repair shops, repairing facilities, transporting equipment, photocopying, etc.). The Committee requests the Government to provide information on the measures it had indicated in the context of the representation that it would take, to rationalize resources and simplify administrative procedures. The Committee also requests the Government, in line with the tripartite committee, to provide specific information, where applicable, on the proportion of time spent by labour inspectors on logistical and maintenance tasks in relation to the primary functions of labour inspection as outlined by Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that the tripartite committee observed that the wages of labour inspectors were significantly lower than those of certain other types of inspectors covered by Legislative Decree No. 170/2009 (such as inspectors in the General Inspectorate for Finance) and that the strategy paper of the ACT for 2013–15 had identified the demotivation of labour inspectors in view of the lack of adequate incentives as a weakness of the ACT. The Committee requests the Government, in line with the tripartite committee, to take measures to ensure that the remuneration levels for labour inspectors is commensurate with that of other inspectors exercising similar functions. It further requests the Government, in line with the tripartite committee, to take measures to ensure that labour inspectors enjoy career prospects that take into account their merit, experience and levels of responsibility and to discuss this matter with the social partners. The Committee requests the Government to provide information on progress made on these matters.
Overtime. The Committee notes that the Government, in reply to the tripartite committee’s conclusions on the necessity for labour inspectors to have regular and sufficient time off work, indicates that the financial and economic crisis had led to the need for labour inspectors to carry out paid overtime, but that requests for urgent interventions have now decreased. The Committee requests the Government to provide information on the amount of overtime currently being worked by inspectors.
Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Sufficient number of labour inspectors. The Committee observes that the tripartite committee noted that the strategy paper of the ACT stated that the shortage of human resources had been recognized as one of the weaknesses of the ACT; and that the tripartite committee observed that the workload of labour inspectors had increased as a result of the financial and economic crisis. The Committee also notes the observations made by the CGTP–IN and the UGT on the insufficient number of labour inspectors and other support staff which, according to the trade unions, has been significantly decreasing since 2011 as retired staff have not been replaced. In this respect, the Committee welcomes the Government’s indication that the ACT is in the process of recruiting 117 labour inspectors, in addition to the 314 labour inspectors currently working at the ACT. Recalling that the tripartite committee requested the Government to maintain a sufficient number of labour inspectors to ensure the effective exercise of inspection duties, the Committee requests the Government to provide information on the progress made with the recruitment of the labour inspectors referred to by the Government and any training or other measures taken to facilitate the rapid integration of these recruited inspectors in light of current realities and labour market developments.
Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Office facilities and equipment. The Committee notes that the tripartite committee observed from the strategy paper of the ACT that the inadequacy of the material resources had been recognized as one of the weaknesses of the ACT. The Committee also notes the observations made by the UGT concerning budgetary restrictions of the ACT. In this respect, the Committee notes the Government’s reference to ongoing efforts to improve the facilities of the decentralized labour inspection offices (ten of the 32 decentralized offices have been given new facilities), which had previously been noted by the tripartite committee. The Committee also notes the Government’s indication that the modernization of work equipment is a constant goal of the ACT, for which ongoing investments are being made. The Committee requests the Government to continue to take the necessary measures to ensure that all labour inspection services at the central and decentralized levels are adapted to the needs of the service, and to provide further details on any measures taken to improve the current situation.
Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. The Committee observes that the tripartite committee noted a decrease in the number of workplaces covered by inspections. In this respect, the Committee notes from the statistical information provided by the Government and by the ACT on its website that the number of workplaces covered by labour inspections increased between 2013 and 2016 (from 29,539 in 2013, to 36,076 in 2016). Welcoming the positive trend in the number of workplaces covered by labour inspections, the Committee requests the Government to continue to ensure that a sufficient number of inspections of adequate thoroughness are undertaken. In this respect, it also requests the Government to provide information on the inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits (such as inspections targeted at workplaces with a high rate of occupational accidents and diseases and any criteria and time frame for follow-up visits).
The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report in reply to its previous comments.
It notes that a representation under article 24 of the Constitution of the ILO was presented to the Governing Body by the Union of Labour Inspectors (SIT) (document GB.319/INS/15/6) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 319th Session (October 2013), the Governing Body decided that the representation was receivable, and appointed a tripartite committee to examine it.
In accordance with its usual practice, the Committee has decided to postpone its examination of the application of this Convention pending the decision of the Governing Body in respect of the representation. The Committee will therefore examine the information supplied by the Government in its report in the light of the decisions adopted in due course by the Governing Body in the framework of the representation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report and the comments of the General Union of Workers (UGT), annexed to that report.
The Committee refers the Government to the comments made under the Labour Inspection Convention, 1947 (No. 81), in regard to those matters which apply equally to the Articles of the present Convention.
Articles 6(1)(a) and (b), 22, 23 and 24 of the Convention. Prevention, prosecution and penalties for infringements in labour. The Committee notes that, according to the UGT, there has been no significant modification in the agricultural sector, which continues to be characterized by a multitude of small enterprises, with many having a familial character and a seasonal market. According to the UGT, during the period covered by the report, an intensive inspection was advanced in the agricultural sector inasmuch as, in accordance with the data laid out in the annual inspection report for 2009, this sector held the third position for recorded lethal accidents in the workplace. Preventative actions and supervision were advanced with priority given to businesses that, in the past three years, had had grave or lethal work accidents, in conformity with a measure envisaged in the National Strategy for Security and Health at Work, 2008–12. The UGT further highlights the recent ratification of the Safety and Health in Agriculture Convention, 2001 (No. 184).
The Committee notes that according to the Government, during the implementation of Stage I of the Inspection Action Plan for security and health at work 2008–10, 130 visits were undertaken in agriculture, the agricultural farming and forestry industries in 2009, leading to 64 statements of infringements and the imposition of pecuniary sanctions. A further 323 irregular situations were noted, which led to preventative measures and the immediate suspension of labour was ordered in one case threatening the life, integrity or health of the workers.
The Committee notes, in addition, the data provided in the Government’s report relating to the supervisory activities of the labour inspectorate in agriculture between 2009 and 2010. The Committee requests the Government to provide information on the impact of the implementation of the National Inspection Plan for security and health at work in the agricultural sector as regards the set objective and, in particular, on the number of work accidents and cases of professional disease.
Articles 9(3) and 14. Strengthening the inspection staff numbers and training in agriculture. The Committee refers the Government to its comments in connection with Articles 9 and 10 of the Labour Inspection Convention, 1947 (No. 81), and once more requests the Government to provide information on any further measures adopted to strengthen the capacities of the inspection services in agriculture, as well as information on the impact of the training courses that were referenced in the Government’s previous report regarding the inspectors’ working methods and their capacity for detecting violations and the prevention of accidents.
Articles 26 and 27. Content and communication of the annual inspection report. The Committee notes that the annual report on the work of the inspection services in the continent for 2009 and 2010 has not been received at the ILO. It notes the succinct figures provided on the activities of the Labour Inspection in agriculture in the Autonomous Region of the Azores and the absence of corresponding information relating to the Autonomous Region of Madeira. The Committee requests the Government to transmit to the Office copies of the annual inspection report in agriculture for the continent. The Committee would be grateful, once more, if the Government would take measures to ensure that annual reports on inspection activities in agriculture in the Autonomous Regions of the Azores and of Madeira, containing information on the questions contemplated in clauses (a) to (g) of Article 27, are published and transmitted to the Office in line with Article 26.

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

The Committee notes the Government’s report received by the ILO on 14 September 2009.

Articles 6(1)(a) and (b), and 22–24, of the Convention. Inspection activities in relation to prevention, prosecution and penalties for infringements. Further to its previous comments on this point, the Committee requests the Government to refer to its observation made in connection with Article 3(1)(a) and (b) and Articles 17 and 18 of the Labour Inspection Convention, 1947 (No. 81). The Committee further notes the observations made by the General Union of Workers (UGT) received on 14 September 2009 and attached to the Government’s report, which reiterate, as in 2005 and 2007, that the situation in agriculture does not appear to have changed. There is still a large number of small agricultural enterprises, especially family enterprises, and this makes the task of enforcement difficult. Whatever the action taken, it still remains inadequate in a sector as specific as agriculture. In this regard the Committee notes the information contained in the annual report on the work of the Authority for Conditions of Work (ACT) for 2008, which contains some information on this sector. The Government indicates that 98 inspections in relation to safety and health were conducted in agriculture, giving rise to 15 reports of infringements. The annual report also indicates that 7.5 per cent of fatal accidents took place in agriculture.

As regards enforcement and prevention measures taken by the labour inspectorate in agriculture, particularly pursuant to EU occupational safety and health strategies, the Committee notes that the strategy adopted at national level is principally concerned with: (1) the coherence and effectiveness of public policies, resulting from the linkage which exists between the various departments of the administration; and (2) the promotion of safety and health in the workplace. According to the Government, the task of the labour inspectorate is very general and mainly covers two essential areas, namely occupational safety and health and industrial relations. However, another task of the labour inspectorate is to promote and enforce the application of laws which transpose the provisions of EU directives into the national legislation. The Committee notes that in 2007 a plan to promote decent work and a reduction in occupational accidents and diseases was established with a focus on the sectors where the mortality rate is particularly high, including agriculture. The plan established for 2008–10 provides for action by the labour inspectorate in the areas of risk evaluation and prevention and the promotion of occupational safety and health, particularly in small enterprises. This plan also includes inspections in agriculture. These entail prevention and enforcement of the occupational safety and health provisions in this sector and also relate to plant and equipment, movement of persons, exposure of workers to risks arising from chemical and biological agents, information for and training of workers, and responsibility in the event of industrial accidents. While noting this information, the Committee notes that the report on the work of the ACT for 2008 only contains very general information with regard to agriculture, which still focuses on occupational safety and health without taking account of the other areas which should be covered by enforcement and prevention. In view of the specific features of this sector, the Committee again requests the Government to supply more detailed information in this area, and to ensure that information on enforcement and prevention activities appear in a distinct manner in the annual report.

Articles 9(3) and 14. Reinforcement of inspection staff numbers and training in agriculture. As regards the content of the training given in 2005 and 2006, the Committee notes that the objective of this training was to enable labour inspectors to identify the main occupational hazards and preventive measures to be taken and also to use inspection service procedures while taking account of the specific features of the agricultural sector. The Committee notes that in 2008 other training was given with the same objectives in the forestry and stock-rearing sectors. This training was mainly concerned with the risks arising from the use of equipment, forestry operations, the use of pesticides and other chemical products, treatment of animals, handling and storage of waste and of cereals and fodder. The training programme also included preparedness for situations involving serious and imminent danger, the identification of risk prevention measures with reference to the applicable legislation, and the preparation, implementation and expansion of inspections in this regard.

As regards inspection staff, the Committee refers to its observation made in connection with Articles 10 and 16 of Convention No. 81. The Committee requests the Government to keep the Office informed of any new measures or initiatives taken or contemplated for reinforcing the inspection services in agriculture. It also requests the Government to supply information on the impact of the abovementioned training on the working methods of inspectors and their capacity for detecting infringements and preventing accidents.

Article 27. Content of the annual inspection report. The Committee notes that, according to the annual report of the ACT, 615 inspections were conducted in 2008 in 564 undertakings, resulting in 57 cautions and 181 reports of infringements, which differ from the figures quoted above. As regards the regions of the Azores and Madeira, the Committee notes that the report on inspection activities in the Azores does not contain any information on the agricultural sector and that the report on inspection activities in Madeira will be sent in due course. The Committee requests the Government to supply detailed statistics on the inspection activities of the ACT in agriculture on the mainland and also in the regions of the Azores and Madeira. It also requests the Government to indicate the reasons for the difference between the figures supplied by the Government in its report and those contained in the annual report of the ACT for 2008.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period from 1 June 2005 to 31 May 2007, the replies to its previous comments, and the additional information subsequently supplied by the General Labour Inspectorate with regard to the application of the Convention.

It also notes the comments on the application of the Convention from the Confederation of Retail and Services of Portugal (CCP), the General Confederation of Portuguese Workers (CGTP-IN) and the General Union of Workers (UGT), forwarded by the Government with its report. With regard to the points raised by the CGTP-IN, the Committee refers to its observation under Convention No. 81. It also notes that the comments from the UGT relate to the same points as those forwarded by the Government with its report in 2005.

1. Article 6, paragraph 1(a) and (b), and Articles 22, 23 and 24 of the Convention. Inspection activities in relation to prevention, prosecution and sanction of contraventions. According to the CCP, the labour inspection situation in agriculture justifies the implementation of an integrated inspection model in which the enforcement of the legislation would be accompanied by the promotion of a culture of prevention. The Committee notices that this view was already expressed in 2005 by the Portuguese Confederation of Tourism (CTP).

The UGT considers that the existence of a large number of small enterprises, especially family enterprises, makes the task of enforcement difficult. Whatever the scale of action on the part of the labour inspectorate, it would still be far from adequate in a sector as specific as agriculture. The union continues to regret the failure to follow up certain initiatives, such as campaigns which did not yield the expected results.

The Committee notes the information supplied by the Government with regard to enforcement and prevention activities on the part of the labour inspectorate in agriculture. In particular, it notes that the General Labour Inspectorate encourages improvements in conditions of work not only by means of technical information or advice which it gives to employers, workers or their representatives regarding the best way to apply the provisions of the legislation or agreements but also by means of reports ordering the adoption of measures within a reasonable period, and investigations made with a view to penalizing contraventions. It also notes that, even though the General Labour Inspectorate implements a culture of prevention by means of activities of a pedagogical nature, penalties are also imposed on employers guilty of contraventions considered to be serious or very serious. The Committee notes with interest that agriculture constitutes one of the priority sectors of labour inspection activity and that cross‑cutting activities are conducted relating to minimum conditions of occupational safety and health, undeclared work, extensions of hours of work, manual transportation of loads, and also in relation to information, consultations and worker participation. The objectives in terms of safety and health is the prevention of occupational risks linked to the use of equipment, pesticides and other chemical substances, the handling of animals, the elimination or storage of residues, the storage of grain and fodder and other agriculture products. Social partners participate in this activity in the context of an agriculture working group mandated to evaluate the results of inspection work. The Government also emphasizes the importance of the implementation of the community occupational health and safety strategy for 2007 replacing the one established for the 2002–06 period. This strategy entails a comprehensive approach to occupational welfare and aims in the long-term to enhance performance in occupational safety and health with the focus on: (a) promotion of the preventive approach; (b) improvements to the legislation; (c) improvements to the practical application of legal provisions; and (d) reinforcement of inspection controls.

The Committee notes that the information contained in the annual report on the work of the General Labour Inspectorate for 2006 on inspection visits in agriculture cover only occupational safety and health. However, even though it has been recognized that agriculture is one of the sectors in which the greatest number of occupational accidents occur, the number of visits to agricultural undertakings targeting safety issues decreased significantly between 2002 and 2006. However, the Committee regrets that the disaggregation of the information supplied by the Government – which also appeared in the annual inspection report for 2006 – does not make it possible to distinguish the inspection activities relating to areas other than occupational safety and health which specifically concern the agricultural sector (inspection of general conditions of work, provision of technical advice and information, reports of contraventions, penalties imposed). The Committee requests the Government to ensure that information concerning the enforcement and prevention activities of the labour inspectorate in agriculture appears distinctly in the annual general report on the work of the labour inspectorate. It would be grateful if the Government would continue supplying information on any measure taken or envisaged to strengthen the enforcement and prevention functions of the labour inspectorate in agriculture, especially resulting from community the strategy on occupational safety and health.

2. Article 9, paragraph 3, and Article 14. Quantitative and qualitative reinforcement of labour inspection staff in agriculture. With reference to its observation under Convention No. 81 concerning the increase in the number of inspectors and the progression envisaged in the near future, and training activities for inspectors in 2005 and 2006, the Committee notes that 31 inspectors underwent a six-hour period of training on occupational safety and health in agriculture. The Committee would be grateful if the Government would supply further details of the content of this training and also indicate the impact of the quantitative and qualitative reinforcement of inspection staff overall on the functioning of labour inspection in agricultural undertakings. It also requests it to indicate in particular all measures taken to ensure, in conformity with Article 9, paragraph 3 of the Convention, adequate training for inspectors for the performance of their duties in agriculture and further in-service training.

3. Article 17. Association of the labour inspectorate in prior controls of workplaces, activities and manufacturing processes and use of new products and substances. According to the Government, the association of the inspectorate in prior controls takes the form of joint inspections and the issuing of opinions in the context of authorization procedures concerning the installation, modification and functioning of workplaces. While noting this information with interest, and the information to the effect that, during the period from 1 June 2006 to 30 May 2007, the General Labour Inspectorate conducted 69 inspection visits in the agricultural sector and issued 14 opinions in favour of the authorization of operations, the Committee would be grateful if the Government would indicate whether these inspections and opinions also concerned the use of new products and substances likely to endanger the health or safety of workers in agricultural undertakings.

4. Article 27. Content of the annual inspection report. The Committee hopes that the Government will ensure that the annual inspection report contains specific, distinct information concerning agriculture and that, as announced, an annual report concerning the autonomous regions of the Azores and Madeira will also be published and sent to the ILO.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending on 31 May 2005, the legislation, the annual inspection report for 2005 and a detailed report on the application of the Convention in the Autonomous Region of the Azores, where the main economic activity is agriculture. It further notes the new comments on the application of the Convention made by the General Workers’ Union (UGT) and the Portuguese Confederation of Tourism, sent to the ILO with the Government’s report. The Committee notes that in its new comments, the UGT repeats in part the observations sent to the ILO on 9 September 2002. The Committee notes that the Government has not given its views on the abovementioned observations and hopes that it will not fail to do so in its next report and that it will be in a position to report progress in the application of the Convention. Since the comments of the Portuguese Confederation of Tourism likewise concern the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to refer to its observation under that Convention. Please also provide additional information on the following points.

1. Article 17 of the Convention. Preventive control of new plant, activities, manufacturing processes and the handling of new products and substances. Referring to its previous comment that measures were needed to ensure that the labour inspection services in agriculture are associated with the preventive control of new plant, new substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, the Committee takes note of the Government’s view that to ensure that risks are eliminated, the labour inspectorate should be invited in by the establishment and begin its intervention at the project phase. Pursuant to article 10(1)(g) of Legislative Decree No. 102/2000 issuing the General Regulations of the Labour Inspectorate, labour inspectors carry out joint visits with a view to delivering permits for the setting-up, modification and operation of establishments, and the report on the application of the Convention in the Autonomous Region of the Azores mentions an increase in inspection activities in agriculture during periods of intensive machine use. The Committee requests the Government to provide information showing how these provisions are implemented in practice in agricultural enterprises in order to prevent the occupational risks inherent in new plant, new substances and new methods of handling or processing products.

2. Article 27. Content of annual inspection reports. The Committee  notes with satisfaction that the annual inspection reports for the years 2004 and 2005 contain statistics of agricultural undertakings liable to inspection and the number of persons working in them (point (c)), such data being essential in order for the central inspection authority to assess how effective the labour inspection system is. However, the Committee requests the Government to ensure that such information is supplemented by statistics on the causes of occupational accidents and diseases in agriculture (points (f) and (g)), such information being particularly useful to the development of a policy of prevention.

The Committee notes the Government’s statement that individual annual inspection reports are envisaged for the two autonomous regions of the Azores and Madeira. The Committee hopes that such reports will be published shortly and will cover all the items under Article 27, and that a copy will be duly sent to the ILO.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference also to its observation, the Committee draws the Government’s attention to the following points.

Application of the Convention to the autonomous regions of the Azores and Madeira. The Government indicates that the annual inspection report does not cover the autonomous regions of the Azores and Madeira. It nevertheless provides the legislative texts, information and statistics relating to the inspection activities in these two regions. The Committee therefore notes that the Regulations of the Regional Inspectorate of the Azores adopted in 2001 includes, in accordance with the Regulations of the General Labour Inspectorate, a provision requiring the inspectors to make the information of the results of inspections available to the trade union representatives. It also notes that, in order to benefit from assistance, farmers in the Madeira region must follow sound agronomic practices when using agricultural chemicals, particularly phytopharmaceutical products, as this type of assistance as well as technical assistance is granted to all farmers who request it and that, according to the annual report of the Regional Inspectorate of the autonomous region of the Azores, no measures are taken by the competent authority to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities, in accordance with Article 12, paragraph 1, of the Convention. The Committee trusts that measures will be taken to harmonize the operation of the labour inspectorate, countrywide, both in law and practice, and that the annual inspection report required by Articles 26 and 27 of the Convention will also cover the autonomous regions of Madeira and the Azores. It requests the Government to provide information on any measures taken to this end together with a copy of the text making the granting of assistance to farmers subject to good agronomic practices.

Article 15, paragraphs 1(b) and 2. The Government is asked to specify the legislation that addresses the reimbursement of the expenses incurred by labour inspectors in the performance of their duty.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government for the period ending in May 2003, the inspection reports for the years 1999-2001 and the annual report of the regional labour inspectorate of the autonomous region of the Azores. It also notes the texts of Regional Regulatory Decree No. 19/97/M of 25 August 1997 issuing the regulations of the Regional Inspectorate of the autonomous region of Madeira; Legislative Decree No. 102/2000 of 2 June 2000 issuing the regulations of the General Labour Inspectorate; Regional Regulatory Decree No. 21/2000/A of 27 July 2000 on the staff salary scales of the inspectorate and higher inspectorate of the autonomous region of the Azores; and Regional Regulatory Decree No. 14/2001/A of 22 October 2001 issuing the regulations of the Regional Labour Inspectorate of the autonomous region of the Azores. The Committee further notes the observation made by the General Workers’ Union (UGT) sent by the Government on 9 September 2002 asserting that the agricultural sector consisted largely of numerous small enterprises, family businesses in the main, making any type of inspection difficult. Despite efforts to increase the human and material resources allocated to the general inspectorate and to raise awareness among workers, employers and even the regional inspection services, the campaign carried out in the agricultural sector suffered from a lack of continuity. The Union further asserts that, although more enterprises are being inspected, to a large extent at the request of unions, in particular in the areas where the largest enterprises are concentrated and in the sectors requiring special attention (forestry saws), there are still many instances of clandestine work being subcontracted out and performed in unacceptable conditions, over which the inspectorate has no control. The Committee would be grateful if the Government would communicate its views on the problem and indicate the measures taken or envisaged to address the specific difficulties encountered by the inspection system in the agricultural sector.

Article 18, paragraph 4, of the Convention. The Committee notes with satisfaction that, following its repeated comments, section 12(2) of Legislative Decree No. 102/2000 on the General Labour Inspectorate amended the previous legislation by prescribing that labour inspectors shall, prior to leaving the establishment visited, transmit the inspection results both to the employer or employer’s representative and to the enterprise’s trade union representatives. It nevertheless requests the Government to take measures to ensure that, in the absence of a trade union representative in the agricultural enterprise, the results of inspection are made available to workers’ representatives, and would be grateful if the Government would communicate any information on these measures to the Office.

Articles 14, 21, 26 and 27. With reference to its previous comments under these Articles of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that the number of agricultural enterprises liable to inspection and the number of persons employed in these enterprises is regularly included in the annual inspection report together with information on the causes of employment accidents and occupational diseases in the agricultural sector (Article 27(c), (f) and (g)).

Article 17. Further to its previous comments, the Committee notes the statement that agricultural installations are not subject to any authorization. Drawing the Government’s attention to the risks inherent in certain agricultural activities for the health and safety of workers and their families, the Committee once again requests it to take the necessary measures to adopt legislation ensuring that, in accordance with this Article of the Convention, the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

The Committee hopes that the Government will provide the information requested on the content of the training given to labour inspectors in the context of the agreement concluded with the Santarem Higher School of Agriculture and on the number of inspectors receiving such training and the extent of their involvement in the 1999 European campaign on health and safety in agriculture.

The Committee is addressing a request directly to the Government concerning certain points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring also to its observation on the Convention, the Committee notes the replies provided by the Government, and requests it to supply additional information on the following points.

Application of the Convention to the autonomous regions of Madeira and the Azores. The Committee requests the Government to give precise information on whether the annual inspection report covers the two autonomous regions. It would be grateful if the Government would indicate, if the case arises, sufficiently distinct information on these two regions.

Prevention of risks linked to the use of dangerous substances. The Committee notes with interest the information supplied on the campaign to prevent occupational risks in agricultural undertakings which are most exposed, and its dissemination series provided to interested workers on the use of agricultural pesticides, and machines which culminated in the conclusion of a training agreement for labour inspectors, by Santarem Higher School on Agriculture. It further notes that subsequent measures shall be taken within the framework of the European occupational health and safety campaign in the sector of agriculture. The Committee requests the Government to supply as detailed information as possible on the substance of the training provided to labour inspectors during the prevention campaign which ended in 1998, as well as information on the numbers of inspectors, form and level of involvement in the abovementioned European campaign.

Means of transport of labour inspectors and reimbursement of travelling expenses (Article 15, paragraphs 1(b) and 2, of the Convention). With reference to its previous request in this regard, the Committee takes note of the information supplied, and especially the table on the geographical distribution of transport vehicles among the various services of labour inspection. Noting the indication of an existing law which authorizes labour inspectors in agriculture to use their own vehicles for professional missions, and their reimbursement for the expenses incurred, the Committee would be grateful if the Government would transmit a copy of this law.

Women inspectors in agriculture. Noting the information supplied by the Government on the size of the labour inspectorate, as well as its distribution according to sex, the Committee would be grateful if it would indicate in its next report, as specified in Article 10, the special tasks entrusted to women inspectors especially in relation to Article 6, paragraph 2, on the advisory or enforcement functions relating to conditions of life of workers and their families.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report for the period ending 31 May 2000, and the annual inspection reports for the period 1999 2000. The Committee requests the Government to provide additional information on the following points.

1. Staff of the labour inspectorate and number of enterprises liable to inspection (Articles 14, 21, 26 and 27) of the Convention. Noting that the labour inspectors who cover agriculture are the same as those covering other sectors of the economy, the Committee notes that their overall number fell between 1998 and 2000 from 325 to 316, and that the number of inspections carried out in agriculture (Article 27(d)) fell over the same period from 2,874 to 587, with the number of enterprises inspected declining from 2,097 in 1998 to 493 in 2000. The Committee notes that the number of enterprises liable to supervision by the labour inspectorate (Article 27(c)) is not provided, with the result that it does not have sufficient information available to assess the level of application of the Convention in relation to needs. It requests the Government to take the necessary measures to ensure that this information is provided regularly in the annual inspection report, along with information on the subjects enumerated in Article 27(a) to (g).

2. The preventive control of new plant, new materials or substances and new methods of handling or processing products (Article 17). The Committee would be grateful if the Government would provide information on the measures taken to give effect to this provision of the Convention or, in the event that no measures have yet been taken, requests it to take the necessary steps for this purpose and to provide all relevant information.

3. Labour inspection and child labour in agriculture. With reference to its general observation of 1999, the Committee notes the information provided by the Government concerning the involvement of the general labour inspectorate in the context of a plan to eliminate the exploitation of child labour (PEETI). The Committee also notes the statistics concerning the incidence of working children in the various sectors of the economy over recent years and notes that the figures concerning child labour in agriculture are only provided for 1999 (15 children), but that no figure is given under this item for 2000. The Committee would be grateful if the Government would indicate the measures which have been taken to provide labour inspection services with the necessary resources to combat unlawful situations of child labour continuously and effectively, and if it would provide information on the results achieved in this respect, particularly in the agricultural sector.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference to its observation on the Convention, the Committee requests the Government to provide additional information on the following points:

1. The Committee notes the Government's statement that a national campaign for the prevention of occupational risks in agriculture was conducted between June 1995 and May 1997. It requests the Government to provide detailed information on the situation encountered and the lessons learned from this campaign, including with regard to the use of dangerous substances.

2. Article 18, paragraph 4. In reply to its previous comments on the application of this provision, under which the defects noted by the inspector when visiting an undertaking shall be immediately made known to the representatives of the workers, the Government states that instructions are set out in a draft amendment to Legislative Decree No. 441/91 of 14 November 1991 that, irrespective of the sector, representatives of the workers shall be notified during the inspection visit. The Committee requests the Government to indicate whether such a procedure is applied in practice and, if not, to provide full information on the measures which have been taken or are envisaged to give effect to this provision.

3. Articles 26 and 27. The Committee notes the transmission of copies of the annual inspection reports for 1996 and 1997 and observes that these reports do not contain the information required by Article 27(g) concerning statistics of occupational diseases. It hopes that such information will be provided in future annual reports. The Government is also requested to provide information in its next report on the manner in which effect is given to Article 26, paragraph 2, with regard to the period within which such reports are published, and to indicate in particular the measures taken to ensure that they are available to the parties concerned.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report. It also notes the communication of the annual inspection reports for 1996 and 1997, as well as the observations made by the General Confederation of Portuguese Workers (CGTP), which were transmitted by the Government with its report.

Article 15 of the Convention. According to the CGTP, the labour inspection system does not have at its disposal the necessary human and material resources for the effective discharge of inspection activities. In view of the insufficient number of vehicles available to the General Inspectorate of Labour (IGT), it states that inspectors can only travel on public transport using the travel vouchers provided, in accordance with section 41 of Legislative Decree No. 219/93 of 16 June 1993, by the Institute for the Development and Inspection of Working Conditions (IDICT), which leads to them focusing their activities on urban areas and neglecting rural areas in which agricultural activities are carried out. The Committee considers that such provisions are an obstacle to the correct application of the Convention, of which Article 15 requires that the necessary arrangements be made to furnish labour inspectors in agriculture with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (paragraph 1(b)), and the reimbursement to labour inspectors in agriculture of any travelling and incidental expenses which may be necessary for the performance of their duties (paragraph 2). The Committee therefore requests the Government to take these measures and to supply information in its next report on the progress achieved in this respect, with particular reference to the geographical distribution of the number of vehicles furnished to labour inspectors in agriculture and the measures which have been taken or are envisaged to ensure that labour inspectors in agriculture are reimbursed any expenses covered by this provision of the Convention.

Article 17. In reply to the Committee's previous comments under this provision, the Government states that Legislative Decree No. 441/91 of 14 November 1991 establishes the principles for the extension to the agriculture sector of occupational safety and health standards and that a Legislative Decree of 1 February 1994 issued under section 23 of the above text determines the organization and activities of the services responsible for these areas. The Government states that these provisions apply to agriculture and that, subject to authorization, the employer may exercise these activities if he has the necessary training. It also states that, in the field of occupational health, prevention and supervision are the responsibility of the institutions and services responsible for public health. The Government also states that there is no provision, as there is in the industrial sector, providing for the approval of agricultural and similar installations, but that with regard to the approval of agro-industry enterprises, the general labour inspectorate participates in the approval procedure alongside the technicians of the Ministry of Agriculture and is therefore associated with preventive control procedures. The Committee would appreciate if the Government would provide information on the cases and conditions in which the general labour inspectorate participates in the agro-industry sector in the procedures for the approval and preventive control of new installations, new substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

The Committee is addressing a request directly to the Government concerning the application of Articles 18, paragraph 4; 26 and 27 of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes the information supplied in the Government's report and, particularly, Legislative Decrees Nos. 219/93 and 441/91. It requests the Government to supply additional information on the following points:

Article 17 of the Convention. The Committee notes that Legislative Decree No. 441/91 also applies to the agricultural sector, but that it does not specifically provide that the labour inspection services in agriculture shall be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. Furthermore, the Committee notes the information that a working group has been established to prepare the regulations provided for in section 23 of the above Legislative Decree. Nevertheless, it notes that the application of this provision of the Convention is not included among the matters which are to be given priority in regulations. It hopes that the Government will nevertheless supply information on the cases and conditions under which the labour inspection services are so associated as provided for in this Article of the Convention. In this respect, the Committee notes the comments made by the General Confederation of Portuguese Workers concerning the absence of the preventive control by the labour inspection services of the plant, materials and substances set out above.

Article 18. The Committee notes that the national legislation does not provide for defects observed, measures ordered or requested by labour inspectors to be immediately made known to the representatives of the workers but that, according to the Government, this is the practice of the labour inspection services in accordance with the instructions received by inspectors, which have been strengthened in the light of section 12(2) of Legislative Decree No. 219/93. The Committee also notes the comments made by the above Confederation to the effect that, in practice, the representatives of the workers are not informed of the defects or faults observed by inspectors, as required by paragraph 4 of this Article. The Committee requests the Government to supply details on this point.

Article 19. This matter is dealt with under Article 14 of Convention No. 81.

Article 26, paragraph 1. The Committee notes the information that the attention of the labour inspection services has been drawn to the need to distinguish, in their annual reports, between information concerning agriculture and other sectors. Furthermore, it notes the comment of the above Confederation that it is not kept informed about annual labour inspection reports and that it would be essential for it to have access to them. Please indicate any additional measure taken in this respect to give full effect to the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 17 and 19, paragraph 1, of the Convention. Further to its previous comments regarding regulations concerning safety and health in agriculture, the Committee notes that this matter is still in the drafting stage. The Committee looks forward to learning that progress has been achieved in this respect, in order to ensure the association of the agricultural labour inspectorate in preventive control.

Article 18, paragraph 4. Further to previous comments concerning the incorporation into regulations of the practice of inspectors immediately making known to workers' representatives the defects noted during inspections, the Committee notes that legal consideration of the matter is expected shortly. The Committee hopes that the question of revision of section 50, paragraph 2, of Decree No. 327/83 will soon be undertaken to take into account the provisions of this Article.

Article 26, paragraph 1. The Committee notes the useful information provided in the Annual Report of the Inspectorate of Labour for 1990. While the Convention authorises publication of an annual report on the work of the inspection services in agriculture as part of a general annual report of the central inspection authority, the Committee has difficulty in distinguishing in the 1990 Annual Report matters concerning inspection in agriculture from inspection in other sectors. The Committee would be grateful if consideration could be given to this matter in the presentation of data in future annual reports.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 17 and 19, paragraph 1, of the Convention. The Committee notes that the Regulations concerning Occupational Health and Safety which, according to the information provided by the Government in its 1987 report, are to give effect to these provisions of the Convention, are still in the process of being drafted. It trusts that the Government will not fail to take appropriate measures to ensure that the Regulations are adopted shortly.

Article 18, paragraph 4. The Committee takes note of the Government's statement that the comments on the application of this provision of the Convention, contained in its previous direct request, will be taken into account. It therefore reiterates the hope that section 50(2) of Decree No. 327/83 to establish the conditions of service of the general labour inspectorate will be completed so as to provide that the results of inspection visits shall be communicated to the representatives of the workers.

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