ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) communicated with the Government’s report.
Measures addressing family responsibilities during the COVID-19 pandemic. The Committee welcomes the Government’s indication, in its report, that, due to the COVID-19 pandemic, several temporary measures were implemented, including in order to: (1) increase family allowances and strengthen social protection for workers with family responsibilities, by Decree-Law No. 37/2020 of 15 July 2020; and (2) establish a specific paid leave, allowing for working parents to go home to take care of their children under 12, when they had to stay at home as a result of the closing of schools or for medical reasons (Decree-Law No. 10-A/2020 of 13 March 2020). It notes in particular that section 29 of Decree-Law No. 10-A/2020 provides for the possibility of working remotely from home in all situations where it is possible, providing that such decision could be unilaterally taken by the employer or requested by the worker, without the need for an agreement between the parties. In that regard, the Committee notes that, in its observations, the CGTP-IN highlights that the COVID-19 pandemic has shown that flexible working arrangements can make it more difficult to reconcile work and family responsibilities. The Committee asks the Government to provide information on the application of the specific temporary measures adopted in the context of the COVID-19 pandemic and any effects that they may have had on workers with family responsibilities.
Legislative developments. The Committee notes with interest the adoption of the Statute of the Informal Caregiver (ECI) by Law No. 100/2019 of 6 September 2019, which establishes a formal statute for informal carers. It notes that the legislation differentiates between: (1) principal informal carer, who is a family member living in the same household as the person being cared for, providing care on a permanent basis without remuneration; and (2) non-principal informal carer, who is a family member caring on a regular but non-permanent basis, with or without remuneration. The Committee notes, more particularly, that Law No. 100/2019 provides for financial support and measures to support their integration into the labour market for principal informal carers, as well as for measures to reconcile care with professional life for non-principal informal carers. The law also describes other supporting measures the informal carers are entitled to, such as: capacity-building and training in the development of caring skills; statutory fiscal benefits and voluntary social insurance; psychosocial support and rest periods. In that regard, the Committee notes that Portugal has one of the highest rate of care provided by informal carers, with 30.6 per cent of informal carers providing care for more than 20 hours weekly (Long-term Care Report, 2021, Social Protection Committee and European Commission, p. 351) and the greatest gender imbalance with women making up 70.1 per cent per cent of informal carers aged 50 and over (Health at a Glance 2019: OECD indicators, figure 11.21). The Committee asks the Government to provide information on the implementation of Law No. 100/2019 on the Statute of the Informal Caregiver, in particular on any implementing regulations adopted, as well as on any assessment made of the impact of this new legislation on the conciliation of work and family responsibilities, both for principal and non-principal informal carers. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of persons who benefited from the coverage of these support measures, while specifying whether such support comprised professional training, career counselling and support for the integration into the labour market.
Article 3 of the Convention. National policy. The Committee previously noted that the National Plan for Equality, Citizenship and Non-Discrimination, which ended in 2017, included measures and actions aimed at promoting gender equality and better conciliation between work and family responsibilities. It requested the Government to provide information on any new national policy adopted as a follow-up. The Committee notes the Government’s statement that the National Strategy for Equality and Non-Discrimination 2018-2030 (ENIND), and more particularly its Action Plan for Equality between Women and Men (PAIMH), 2018-2021, provide for specific measures to ensure equality of opportunity and treatment of workers with family responsibilities and promote better conciliation between work and family responsibilities. The Committee asks the Government to provide information on the concrete measures implemented, in particular in the framework of the National Strategy for Equality and Non-Discrimination 2018-2030 and its accompanying action plan for equality between women and men, in order to ensure equality of opportunity and treatment of workers with family responsibilities and assist men and women workers in better conciliating work and family responsibilities.
Protection from discrimination on the ground of family responsibilities. The Committee previously noted that, despite the prohibition of discrimination on the ground of family situation and the obligation for employers to ensure working conditions that facilitate conciliation between work and family responsibilities (sections 24 and 127(3) of the Labour Code), discrimination against men and women as a result of their family responsibilities persisted in practice. The Committee notes with interest the adoption of Law No. 90/2019 of 4 September 2019, which introduces a new Article 35-A in the Labour Code, prohibiting any form or discrimination based on the exercise by workers of their maternity and paternity rights, in particular regarding the attribution of attendance and productivity bonuses or career progression. The Committee however notes that, in its observations, the CGTP-IN again expresses concern about women of childbearing age and/or with children who continue to be particularly discriminated against regarding access to employment and career advancement and are subjected to strong pressure and even persecution to renounce to their rights. During the recruitment process, employers often ask women if they intend to marry or have children, sometimes requiring a written commitment not to become pregnant during a certain period and frequently, employment contracts of women who informed their employer of their pregnancy were not renewed or such workers were dismissed. The CGTP-IN adds that men who intend to exercise parental rights are also frequently discriminated against and subjected to strong pressure to renounce to their rights, which is reinforced by the persistence of the stigma in the society according to which childcare is a task for women. The Committee notes with concern this information. The Committee asks the Government to make every possible effort to ensure that men and women workers with family responsibilities are adequately protected against discrimination in practice. It asks the Government to provide information on the proactive measures taken to ensure the effective implementation and enforcement of the relevant legislative provisions, including sections 24, 35-A and 127(3) of the Labour Code. The Committee asks the Government to provide information on the number and nature of cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the courts, or any other competent authorities, as well as the sanctions imposed and remedies granted.
Article 4. Leave entitlements. Paternity leave. The Committee previously noted that, pursuant to the revision of the Labour Code by Law No. 120/2015, several measures were introduced to better assist workers to reconcile their work and family responsibilities. The Committee welcomes the adoption of Law No. 90/2019 of 4 September 2019, which introduces new amendments to the Labour Code, including: (1) the extension of the duration of the compulsory part of paternity leave from 15 to 20 days, while the non-compulsory part of the leave is fixed at 5 days; and (2) the payment of social security benefits for paternity leave (both compulsory and non-compulsory part) on the basis of 100 per cent of the average salary of the father. It also welcomes the Government’s indication that several measures were implemented, such as the family allowance for children and young people and the prenatal family allowance. It notes that, in its 2019 annual report, the Commission for Equality in Labour and Employment (CITE) highlights that 72.7 per cent of working fathers benefited from the compulsory period of their paternity leave (compared to 65.8 per cent in 2017), but only 39.3 per cent make use of the possibility for both parents to take the parental leave simultaneously between the 120th and 150th day of leave (compared to 33 per cent in 2017). The Committee observes that the number of fathers who make use of paternity leave and parental leave continues to grow. It notes however that, while paternity leave is mandatory, still 27.3 per cent of fathers did not access this leave entitlement in 2019. In that regard, it notes that, in its observations, the CGTP-IN indicates that, as a result of women being socially considered as the main responsible for the care of children and other family members, men are still discriminated against in the exercise of parenthood rights as it is not socially accepted that men can exercise such rights. The Committee further notes that, in its 2021 Country Report on Gender Equality in Portugal, the European Commission highlights that it is a known fact that women are still the main ones responsible for caring roles, and that working fathers do not take full advantage of the several measures established by the Labour Code and intended to guarantee the exercise of “parenthood” rights and to promote the reconciliation of professional and family life on a regular basis (for instance, time-off from work to attend to family needs). Since care responsibilities are still considered predominantly as female tasks, and since most women in Portugal work full-time, the burden on women in this respect is still much higher than the burden on men, with inevitable consequences in women’s careers and remuneration. The European Commission further highlights that recent data concerning the impact of the specific measures implemented in the context of the COVID-19 pandemic also give ground for the conclusion that women are still the main carers within the family, as a public survey showed that almost 90 per cent of these periods of specific leave had been required by the mothers, while the fathers kept on working (pp. 31 and 48). In light of the persistent gender stereotypes concerning the sharing of family responsibilities, the Committee asks the Government to provide information on any proactive steps taken to encourage more men to make use of family-related leave and flexible working-time arrangements, such as awareness-raising activities promoting the exercise of shared parental responsibilities and encouraging men’s engagement in parenting and caring for children and other immediate family members, as well as on the impact of such measures. It further asks the Government to continue to provide statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements, both compulsory and non-compulsory and flexible working time arrangements, both in the public and private sectors.
Article 5. Community planning and services. The Committee welcomes the Government’s indication that the third generation of the Programme for the Improvement of the Social Equipment (PARES 3.0) was adopted by Ordinance No. 201-A/2020 of 1 September 2019, in order to support the development, consolidation and rehabilitation of equipment and infrastructures for children and young persons. It however observes that the Government does not provide any information on the number and nature of community childcare and family services and facilities available for workers with family responsibilities. The Committee asks the Government to continue to provide information on the measures taken to ensure adequate, affordable and accessible childcare services and facilities and other services and facilities which aim to assist men and women workers to reconcile work and family responsibilities. It again asks the Government to provide updated information on: (i) the number and nature of community childcare and family services and facilities, such as home support services, residential homes, etc., the existence of which assist workers to reconcile their work and family responsibilities; and (ii) the number of workers who benefit from the existence of childcare services and facilities and other community services and facilities.
Article 7. Vocational guidance and training. The Committee previously noted that several provisions of the Labour Code provide for priority access to training for workers with family responsibilities and for their right to resume their previous occupation after any type of leave (sections 30(3), 61 and 65(5)). Since no information was provided by the Government, the Committee once again asks the Government to provide information on the vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated into the labour force, as well as re-enter it after an absence due to family responsibilities. It also asks the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who avail themselves of this priority access to training and participated in vocational guidance and training programmes.
Article 8. Protection against dismissal. The Committee recalls that dismissal during pregnancy and maternity leave, as well as during parental leave, is unlawful (section 63(2) of the Labour Code). It previously noted that, despite several amendments introduced in the national legislation to strengthen the protection against dismissal as a result of family responsibilities, in particular by increasing the sanctions imposed on employers, the number of complaints concerning dismissal or non-renewal of employment contract of pregnant or breastfeeding workers, or workers who had recently given birth was increasing. It requested the Government to provide information on the measures taken to ensure an effective protection in practice of men and women workers against dismissal on the ground of family responsibilities. The Committee notes that the Government did not provide any information in that regard. Recalling that pursuant to section 63(1) of the Labour Code, any dismissal of a pregnant or breastfeeding worker, worker who has recently given birth or worker on parental leave needs to be submitted first to the prior opinion of the CITE, the Committee notes that, in its 2019 annual report, the CITE indicates that it opposed dismissal in 57 per cent of those cases, which represented a 10 per cent increase compared to 2018. The Committee further notes that, in its 2021 Country Report on Gender Equality in Portugal, the European Commission highlights that, despite the legal prohibition of dismissal during pregnancy and maternity leave, in practice, the protection of maternity, especially during the pregnancy and immediately after giving birth, still needs to be strengthened, since pregnant women and young mothers face more difficulties in being hired and are more easily dismissed (p. 48). The Committee notes with concern this information. The Committee once again asks the Government to provide information on the proactive steps taken to enforce section 63(2) of the Labour Code, thereby ensuring effective protection of men and women workers against dismissal on the ground of family responsibilities. It further asks the Government to provide information on the number of cases of unlawful dismissal of pregnant or breastfeeding workers or those who have recently given birth, or of employees on parental leave dealt with by the labour inspectorate, the courts or any other competent authorities, the sanctions imposed and remedies granted.
Articles 6 and 11. Awareness-raising measures and cooperation with employers’ and workers’ organizations. The Committee previously noted the awareness-raising activities undertaken on non-discrimination and reconciliation of work and family responsibilities, including by tripartite institutions such as the CITE, for the public in general and the social partners. The Committee notes the Government’s general indication that dissemination of information and awareness-raising on protection of maternity and paternity rights and reconciliation of work and family responsibilities are continued by the CITE, in particular in the framework of the Parents@Work project, funded by the European Union. The Committee asks the Government to provide information on the actions implemented, in collaboration with employers’ and workers’ organizations in order to: (i) address gender stereotypes regarding the role of men and women with respect to family responsibilities, and (ii) promote a broader understanding in society, including among employers, of the principle of equality of opportunity and treatment for men and women workers and the rights and needs of workers with family responsibilities.
Enforcement. Referring to its previous comments, the Committee notes that the statistical data communicated by the Government regarding the activities of the labour inspectorate does not contain information regarding the number of violations detected concerning parental rights. It however notes that, according to its 2019 annual report, the CITE received 11 complaints concerning maternity rights, one complaint concerning paternity rights, and 12 complaints concerning reconciliation of work and family responsibilities and flexible working arrangements. The Government adds that, since 2019, 11 judicial decisions were handed down on issues covered by the Convention. The Committee asks the Government to continue to provide information on the number, nature and outcome of any cases or complaints concerning violation of parental rights and discrimination based on family responsibilities detected or dealt with by the Working Conditions Authority, the CITE, the courts, or any other competent authorities.
General Observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

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

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and of the General Workers’ Union (UGT), both received on 28 August 2017, as well as of the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), received on 1 September 2017, all forwarded by the Government.
Legislative developments. The Committee notes with interest that section 7 of Law No. 62/2017, of 1 August 2017, now imposes upon companies the duty to elaborate annual equality plans, intended to achieve equal opportunities and equal treatment of women and men and to promote the reconciliation of work and family life within the company. The Committee asks the Government to provide information on the application of section 7 of Law No. 62/2017 in practice, including the number and content of annual equality plans adopted at the enterprise level, as well as their impact on the conciliation of work and family responsibilities.
Article 3 of the Convention. National policy. The Committee previously noted that the National Plan for Equality IV (2011–13) had the objective of mobilizing public and private entities for the implementation of equity plans that would ensure the reconciliation of work and family responsibilities and requested the Government to provide information regarding its implementation and specific measures adopted with a view to assisting men and women workers to balance their work and family responsibilities. It notes the Government’s indication, in its report, that, since then, the National Plan for Equality, Citizenship and Non-Discrimination V (V PNI) was implemented between 2014 and 2017 and included measures and actions aimed at promoting gender equality and better conciliation between work and family responsibilities. The Government states that the V PNI was used as a reference for the activities of the Labour Conditions Authority (ACT), which implemented actions in all sectors of activity. The Government adds that the Human Potential Operational Programme (POPH), revised in February 2014, also increased support for the promotion of gender equality through Priority Area 7 on gender equality, which sets specific general objective the promotion of a balance between work, family and personal life with a focus on parity in work and family responsibilities. The Committee notes the adoption of Parliamentary resolution No. 136/2017 of 29 June 2017 recommending that the Government submit to Parliament an annual assessment of the implementation of the various national equality plans. Noting that the National Plan for Equality, Citizenship and Non-Discrimination V ended in 2017, the Committee asks the Government to provide information on: (i) any new national policy specifically implemented to assist men and women workers in better conciliating work and family responsibilities; and (ii) the concrete measures implemented, in the framework of any other policy or programme aiming at ensuring equality of opportunity and treatment of workers with family responsibilities, such as the Human Potential Operational Programme, and their impact. It asks the Government to provide information on the annual assessment made of the various national equality plans, in particular concerning measures to facilitate the reconciliation between work and family responsibilities.
Protection from discrimination on the ground of family responsibilities. The Committee notes the concerns expressed by the CGTP-IN which highlights that, despite the fact that legislation expressly prohibits discrimination on the ground of family situation (section 24 of the Labour Code) and provides that employers shall ensure working conditions that facilitate conciliation between work and family responsibilities (section 127(3)), discrimination against women in employment remains common in practice. The CGTP-IN indicates that, during the recruitment process, employers often ask women if they intend to marry or have children, sometimes requiring a written commitment not to become pregnant during a certain period. This illegal practice became more common during the economic and financial crises from 2013 to 2016. The CGTP-IN also indicates that, frequently, employment contracts of women who informed their employer of their pregnancy were not renewed or that such workers were dismissed. Furthermore, other rights linked with maternity, such as breastfeeding breaks or reduction of working time for childcare, were often violated. The CGTP-IN adds that men who want to enjoy their parental rights are frequently discriminated against and are subjected to strong pressure to renounce their rights. The CGTP-IN further indicates that conciliation between family and work responsibilities is becoming even more complex as a result of irregular and variable working hours, such as night work and shift work, which have become more common. The Committee also notes that the UGT highlights that the participation of women in the labour market is characterized by a high number of working hours and often precarious forms of employment, which, combined with a lack of social services with accessible prices and working hours compatible with professional life, has a negative impact on the reconciliation of work and family responsibilities. The Committee asks the Government to make every possible effort to ensure that men and women workers with family responsibilities receive adequate protection against discrimination in practice. It asks the Government to provide information on the proactive measures taken to ensure the effective implementation of the relevant legislative provisions, including awareness-raising activities for employers, as well as their impact. The Committee asks the Government to provide information on any cases of discrimination in employment and occupation based on family responsibilities dealt with by the labour inspectors, the courts, or any other competent authority, as well as the sanctions imposed and remedies granted.
Article 4. Leave entitlements equality. The Committee previously noted that, pursuant to the revision of the Labour Code (Act No. 7/2009), several measures were introduced to better assist workers to reconcile their work and family responsibilities. The Committee notes with interest the adoption of Law No. 120/2015 of 1 September 2015, which introduces several amendments to the Labour Code, including: (i) the possibility for both parents to take the parental leave simultaneously between the 120th and 150th day of leave (section 40(2); (ii) the extension of the duration of the compulsory part of paternity leave from 10 to 15 days (section 43); (iii) the possibility for a worker with a child under 12 or with a chronic disease or disability, to request part-time work or flexible working time arrangements, without any impact on their performance appraisal or possibility for career promotion (sections 55–56); and (iv) whenever possible, the authorization for a worker with a child under 3 years of age to telework if the professional activity performed is compatible with this form of work and the employer can provide the necessary means to make that change possible (section 166). The Committee notes that, as regards the requests for part-time or flexible working time arrangements for care purposes, they can be refused by the employer on the grounds of compelling operational reasons or the impossibility of replacing the employee, but this justification has to be considered valid by the Commission for Equality in Labour and Employment (CITE), failing which the employer must challenge the CITE’s decision before the Court (section 57 of the Labour Code). The CGTP-IN however indicates that women of child-bearing age or workers with young children are facing strong pressure and harassment to renounce the exercise of such rights. The Committee notes, from the statistical information provided by the Government, that the number of men who benefited from paternity leave, took parental leave, and shared parental leave with women, increased between 2013 and 2015. In 2015, the number of men workers who took parental leave represented approximately a third of the total number of women workers who took such leave. The Committee however observes that while paternity leave is mandatory only 76 per cent of fathers accessed this leave entitlement in 2015. While recognizing that fathers are increasingly making use of parental leave, the UGT indicates that leave entitlements, flexible working hours and reduction of working time are still used predominantly by women, who continue to assume the main responsibility for family and domestic tasks, which consequently impedes an effective balanced representation of women in the labour market, especially in decision-making positions. The Committee notes that the European Commission also recently highlighted that despite the encouraging data relating to the use of family-related leave by the fathers, women remain predominantly responsible for caring roles, and that working fathers do not take full advantage of the several measures established by the Labour Code (European Commission, Country report on gender equality, 2019, Portugal, page 30). The Committees asks the Government to provide statistical data, disaggregated by sex, on the extent to which men and women workers make use of family-related leave entitlements and flexible working time arrangements, both in the public and private sectors, and to provide information on any progress made in that regard. Taking into consideration the persistent gender stereotypes concerning the sharing of family responsibilities, it further asks the Government to provide information on any proactive measures taken to encourage more men to make use of family-related leave and flexible working-time arrangements, such as awareness-raising activities promoting the exercise of shared parental responsibilities and encouraging men’s engagement in parenting and caring for children and other immediate family members, as well as on the impact of such measures. The Committee asks the Government to provide information on the number of requests for part-time or flexible working-time arrangements for family responsibilities purposes rejected by the employers and submitted to the CITE, as well as the decisions taken by the CITE in that respect.
Article 5. Community planning and services. The Committee previously noted the measures adopted in the framework of the Programme for the Improvement of the Social Equipment (PARES) and the Programme for Integrated Support for Older Persons (PAII), including the establishment of new childcare facilities, home support services, residential homes and other facilities for workers with family responsibilities. It notes the Government’s indication that the PARES was continued and that the POPH also provides several support services for older persons. The Committee notes the adoption of several regulations which increase child benefits. It however observes that the Government does not provide updated information on the number and nature of the community childcare and family services and facilities available for workers with family responsibilities. The Committee asks the Government to continue to provide information on the measures taken to ensure adequate, affordable and accessible childcare services and facilities and other services and facilities which aim to assist men and women workers to reconcile work and family responsibilities. It asks the Government, once again, to provide updated information on: (i) the extent of childcare services available for men and women workers with family responsibilities; (ii) the number of workers making use of the existing childcare facilities; (iii) the number and nature of other community services, such as home support services, residential homes, etc., the existence of which assist workers to reconcile their work and family responsibilities; and (iv) the number of workers who benefit from the existence of these services and facilities.
Article 6. Awareness-raising measures. The Committee previously noted the awareness-raising activities undertaken by the Commission for Equality and for the Rights of Women, as well as information provided by the CITE on non-discrimination and reconciliation of work and family responsibilities to the public in general and to the social partners. The Committee notes the Government’s indication that the CITE continued to raise awareness and provide training through workshops for both the public and private sectors, at central and local level, and for employers’ and workers’ organizations, as well as through dissemination of information on legislative provisions on gender equality, protection of paternity and maternity and reconciliation of work and family responsibilities. The Government adds that, in 2014, the CITE provided intensive training on these issues for labour inspectors and collaborated closely with the ACT to better articulate their respective functions and carry out joint actions for employers. The Committee notes that as a result of the joint collaboration between the CITE and the ACT, a diagnosis tool was elaborated to assist labour inspectors in better identifying discriminatory situations and violations of legislative provisions on gender equality. The Government indicates that, pursuant to CITE’s request, in 2014 the Government carried out: (i) a national survey on time use by men and women in order to collect updated information on paid and unpaid care work to support the promotion and elaboration of public policy on the reconciliation of work and family responsibilities; and (ii) a project on the role of men in gender equality in order to promote better understanding and raise awareness, with a view to enhance public discussion and guide future actions. The Committee asks the Government to continue to provide information on the actions undertaken, including by the CITE, in order: (i) to promote a broader understanding in society, including among employers, of the principle of equality of opportunity and treatment for men and women workers and awareness of the rights and needs of workers with family responsibilities; and (ii) to address gender stereotypes regarding the role of men and women with respect to family responsibilities. It asks the Government to provide information on the impact of the awareness-raising activities undertaken, as well as any difficulties identified in that respect.
Article 7. Vocational guidance and training. The Committee previously noted that section 30(3) of the Labour Code provides that, as regards access to training, priority should be given to workers returning from parental leave or to single parents, and that the Government made reference to diverse programmes that addressed the issue of reintegration of workers into the labour market. The Government refers to section 61 of the Labour Code, which provides that the employer shall enable workers to participate in vocational training, after parental leave taken to assist a child or a person with chronic disease or disability, in order to facilitate their full professional reintegration. The Government adds that, pursuant to section 65(5) of the Labour Code, the worker has the right to resume their previous occupation after any type of leave. The Committee asks the Government to provide information on the application of sections 30(3), 61 and 65(5) of the Labour Code in practice. It further asks the Government to provide information on the specific vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated in the labour force, as well as re-enter it after an absence due to family responsibilities. It also asks the Government to provide statistical information, disaggregated by sex, on the number of workers with family responsibilities who participated in vocational guidance and training programmes.
Article 8. Protection against dismissal. The Committee recalls that dismissal during pregnancy and maternity leave, as well as during parental leave, is unlawful (section 63(2) of the Labour Code). The Committee welcomes the adoption of Law No. 120/2015, amending the Labour Code, which provides that a failure by the employer to communicate to the CITE, the reasons for not renewing the employment contract of pregnant or breastfeeding workers, or those who have recently given birth, is considered a serious infringement (section 144(3) of the Labour Code). It further welcomes the adoption of Law No. 133/2015 of 7 September 2015, which provides that companies that have been found guilty by the Court of unlawfully dismissing pregnant or breastfeeding workers, or those who have recently given birth, cannot benefit from public allowances or other public support measures of any kind for a period of two years after the Court’s judgment. The Committee notes that, pursuant to section 2 of Law No. 133/2015, the CITE is the body responsible for recording all convictions in a final judgment of unlawful dismissal of a pregnant or breastfeeding worker, or a worker who has recently given birth; the courts have a duty to report such convictions to the CITE on a daily basis. The Committee notes, from the statistical information provided by the Government, that the number of opinions issued by the CITE concerning the decision of an employer not to renew the employment contract of pregnant or breastfeeding workers, or those who have recently given birth, increased significantly from 339 in 2013 to 585 in 2015, which in the Government’s view can be attributed to the economic and financial crisis. It notes that 20 per cent of the opinions issued by the CITE in 2015 referred to the dismissal of pregnant women, and that the CITE did not oppose dismissal in 38 per cent of those cases. It further notes that, in 2015, the CITE identified 23 cases of violation of section 63 of the Labour Code and 13 cases of violation of section 144 of the Labour Code. The Committee notes that the CGTP-IN indicates that, in the first months of 2016, the CITE registered 411 new complaints concerning non-renewal of employment contract of pregnant or breastfeeding workers, or workers who had recently given birth, which, according to CGTP-IN, reflects the current situation of the labour market. The Committee further notes that the European Commission recently highlighted that, in practice, the protection of maternity especially during pregnancy and immediately after giving birth is still needed, since pregnant women and young mothers are more easily dismissed (European Commission, Country report on gender equality, 2019, Portugal, page 45). The Committee asks the Government to provide information on the application of sections 63(2) and 144(3) of the Labour Code in practice, indicating the number of cases of non-renewal of the employment contract of pregnant or breastfeeding workers, or those who have recently given birth, notified to the CITE, as well as on the number, nature and outcome of corresponding complaints registered by the CITE. It asks the Government to provide information on the number of cases of unlawful dismissal of pregnant or breastfeeding workers or those who have recently given birth, dealt with by the courts or any other competent authority, the sanctions imposed and remedies granted. The Committee asks the Government to continue to provide information on any measures taken or envisaged to ensure effective protection of men and women workers against dismissal on the ground of family responsibilities.
Article 11. Cooperation with employers’ and workers’ organizations. The Committee previously noted the Code of Good Practice for companies to assist reconciling work and family life, prepared by the CITE. Recalling the tripartite structure of the CITE, the Committee notes the Government’s indication that the CITE has been working with private sector organizations and public companies to implement, monitor and disseminate specific gender equality activities, in particular with regard to balancing work and family responsibilities. It notes that, in 2013, the CITE published a Report on good practices in enterprises, as provided for under resolution No. 13/2013, to compile the knowledge gathered after years of collaboration with enterprises. The Committee asks the Government to continue to provide information on the results of any measures adopted in collaboration with employers’ and workers’ organizations in order to support men and women workers in balancing their work and family responsibilities.
Enforcement. The Committee notes, from the statistical information provided by the Government, that despite the collaboration between the CITE and ACT, that the number of labour inspectors decreased from 371 in 2011 to 307 in 2015, together with the number of enterprises supervised (from 80,159 in 2011 to 39,306 in 2015). The Government adds that, in 2015, 892 labour inspections visits were carried out on discrimination, 53 sanctions were imposed and that the ACT identified 90 irregularities to be corrected. The Committee notes that the number of infringements concerning parental rights also decreased from 23 in 2013 to 12 in 2015, representing only 0.2 per cent of total infringements identified by the ACT. It further notes, from the statistical information provided by the Government, that between 2013 and 2016, the CITE received 47 complaints concerning maternity rights, four complaints concerning paternity rights, and 216 complaints of discrimination based on sex concerning reconciliation of work and family responsibilities and flexible working arrangements. The Committee notes that the CGTP-IN highlights that in the recent years there has been a rise in the number of complaints sent to the CITE alleging discrimination regarding the exercise of parental rights. The Committee asks the Government to continue to provide information on the number, nature and outcome of any cases or complaints concerning violation of parental rights and discrimination based on family responsibilities detected or dealt with by the labour inspectors, the courts, or any other competent authority. It asks the Government to provide information on any difficulties encountered in the implementation of the Convention and on corrective measures taken or envisaged to overcome them.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the observations submitted by the General Union of Workers (UGT) dated 27 September 2011, received together with the Government’s report, that refer to the improvements in the implementation of the Convention as well as to the need to adopt the necessary regulations for the implementation of the legislation concerning parental leave that will also benefit male workers.
General implementation of the Convention. The Committee notes the various laws and resolutions that refer to reconciliation of work and family responsibilities adopted by the Government since its last report, including a revision of the Labour Code in 2009 with respect to parental leave, and the adoption of the National Plan for Equality, Citizenship and Gender IV (2011–13). The Committee further notes that in its report, the Government indicates that from the beginning of 2010 to May 2011 the Commission for Equality at Work (CITE) had dealt with two complaints and had issued 86 opinions concerning the reconciliation of work and family responsibilities. The Government also refers to the visits carried out by the labour inspectors to the workplaces and the sanctions imposed. The Committee also notes the judicial decisions adopted in relation to the principle of the Convention. The Committee further notes the austerity measures adopted by the Government in order to address the economic situation. The Committee requests the Government to continue to provide information on the concrete measures and provisions adopted by the Government relevant to the implementation of the Convention, as well as on the complaints submitted on alleged discrimination on the basis of family situation (as provided for in the Labour Code) and their outcome. The Committee further requests the Government to provide information on the number and nature of infringements recorded by the labour inspectorate concerning the implementation of provisions related to the application of the Convention. Please also provide information on the impact of the austerity measures recently adopted on the implementation of the Convention.
Article 3 of the Convention. National policy. The Committee notes the Government’s indication that measures have been taken to ensure that childcare facilities are available for at least eight hours every day. The Government also refers to the National Plan for Equality III (2007–11) in the framework of which the Portuguese Association for Ethics in Business has elaborated a directive on family responsible organizations for the promotion of reconciliation of work and family responsibilities. The National Plan for Equality IV (2011–13), currently in operation, has the objective of mobilizing public and private entities for the implementation of equity plans that will ensure the reconciliation of work and family responsibilities. The Committee requests the Government to continue to provide information on the implementation of the National Plan for Equality, in particular with respect to specific measures adopted with a view to assisting male and female workers to balance their work and family responsibilities, and the concrete impact of such measures, including the number and nature of equity plans adopted and their results.
Article 4. Leave entitlements equality. The Committee notes the adoption of Act 7/2009 approving the revision of the Labour Code, namely with respect to parental leave. The Committee notes that sections 40–42 of the new Code encourage the sharing of parental leave between mother and father beyond the first six weeks following childbirth; the period of leave is extended by 30 days if it is shared between the mother and the father. Moreover, the initial leave of five days, granted to fathers at the moment of childbirth, has been extended to ten days and an additional ten days are granted to the father if leave is taken at the same time as the mother. In case of adoption, parental leave is equal to that of natural birth. Furthermore, while the working time is maintained, greater flexibility is possible through collective and individual negotiation. The Government provides information on the number of subsidies granted to female and male workers in the framework of the parental leave provisions and further indicates that in 2010, the labour inspectorate issued nine warnings and imposed 25 fines for non-respect of parental leave provisions. The Committee requests the Government to continue to provide information on the measures taken in relation to the promotion of childcare leave. The Committee further requests the Government to provide statistics on the number of men and women, both in the public and private sectors, that have used the parental leave as well as information on the number of infringements registered by the labour inspectorate of the provisions of the Labour Code concerning parental leave. Please also provide information on flexible working time arrangements established through collective bargaining.
Article 5. Childcare and family services and facilities. The Government indicates that the Programme for the Improvement of the Social Equipment (PARES) has carried out several projects involving the establishment of 185 childcare facilities (crèches) as well as home support services, residential homes and other facilities for workers with family responsibilities. The Government indicates that the rate of coverage of childcare facilities has increased from 26.2 per cent in 2004 to 34.4 per cent in 2010. The Government further indicates that in the framework of the Programme for Integrated Support for Older Persons (PAII) a project for home support services, training and leisure for older dependent people has been developed. In addition, the national network for integrated and continued care, established in 2006, takes care of dependent persons either through in-patient institutions, ambulatory services, homecare or hospitals. The Government provides information on the establishments already created or refurbished (4,915 childcare places and 5,074 places for older persons) and those planned for the future. The objective of these measures is, according to the Government, to increase the autonomy of those to whom the measures are addressed and to help families to reconcile work and family responsibilities. The Committee requests the Government to continue to provide information on the measures taken to take account of the needs of workers with family responsibilities in community planning as well as on the number and nature of the community childcare and family services and facilities created and the number of workers with family responsibilities that have benefited from these facilities.
Article 6. Information and education. The Government indicates that in the framework of the National Plan for Equality II (2003–06) the Commission for Equality and for the Rights of the Women edited and distributed information brochures and organized several other awareness-raising activities. The Committee further notes that the “Equality is Quality” prize continues to be distributed among those public and private enterprises that promote equality between men and women and adopt effective measures against discrimination. Moreover, between 2006–09 the Social Dialogue and Equality in the Enterprise project was carried out by the social partners to provide assistance to those enterprises that fight against discrimination, providing a set of solutions for those enterprises interested in the integration of equality and the reconciliation of family and work responsibilities in their policies and agenda. The Committee also notes that several workshops were organized on issues related to equality. It further notes that the CITE provides information on non-discrimination and reconciliation of work and family responsibilities to the public in general and also to the social partners to assist them in the negotiating process. Please continue to provide updated information on the measures taken to engender broader public understanding of the principle of equality for male and female workers and of the problems of workers with family responsibilities as well as on the impact of these measures. Please also indicate whether the Social Dialogue and Equality in the Enterprise project has been continued and what has been its impact.
Article 7. Integration in the labour market . … The Committee further notes the Government’s indication that section 30(3) of the Labour Code provides that priority should be given in the access to training to workers after parental leave or in the case of a single parent family. The Government also refers to diverse programmes addressed for the reintegration of workers in the labour market in its report under the Employment Policy Convention, 1964 (No. 122). The Committee requests the Government to provide information on the implementation of section 30(3) of the Labour Code with respect to workers after parental leave and its impact in practice. Please also provide information on any other measures designed to enable workers with family responsibilities to become and remain integrated or to re-enter the labour force following parental leave and the obstacles encountered, particularly taking into account the austerity measures recently adopted.
Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that within the framework of the Social Dialogue and Equality in the Enterprise project carried out by the social partners, mentioned above, a self-evaluation guide was elaborated which was used by the CITE in 2009 to undertake a gender evaluation in three public enterprises. The Committee further notes the Code of Good Practice for companies to assist reconciling work and family life prepared for the CITE. The Committee requests the Government to continue to provide information on the results of any measures adopted in collaboration with the social partners in order to help male and female workers to balance their work and family responsibilities. Please also provide concrete information on how the enterprises implement the Code of Good Practice and its impact on workers with family responsibilities.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations submitted by the General Union of Workers (UGT) dated 27 September 2011, received together with the Government’s report, that refer to the improvements in the implementation of the Convention as well as to the need to adopt the necessary regulations for the implementation of the legislation concerning parental leave that will also benefit male workers.
General implementation of the Convention. The Committee notes the various laws and resolutions that refer to reconciliation of work and family responsibilities adopted by the Government since its last report, including a revision of the Labour Code in 2009 with respect to parental leave, and the adoption of the National Plan for Equality, Citizenship and Gender IV (2011–13). The Committee further notes that in its report, the Government indicates that from the beginning of 2010 to May 2011 the Commission for Equality at Work (CITE) had dealt with two complaints and had issued 86 opinions concerning the reconciliation of work and family responsibilities. The Government also refers to the visits carried out by the labour inspectors to the workplaces and the sanctions imposed. The Committee also notes the judicial decisions adopted in relation to the principle of the Convention. The Committee further notes the austerity measures adopted by the Government in order to address the economic situation. The Committee requests the Government to continue to provide information on the concrete measures and provisions adopted by the Government relevant to the implementation of the Convention, as well as on the complaints submitted on alleged discrimination on the basis of family situation (as provided for in the Labour Code) and their outcome. The Committee further requests the Government to provide information on the number and nature of infringements recorded by the labour inspectorate concerning the implementation of provisions related to the application of the Convention. Please also provide information on the impact of the austerity measures recently adopted on the implementation of the Convention.
Article 3 of the Convention. National policy. The Committee notes the Government’s indication that measures have been taken to ensure that childcare facilities are available for at least eight hours every day. The Government also refers to the National Plan for Equality III (2007–11) in the framework of which the Portuguese Association for Ethics in Business has elaborated a directive on family responsible organizations for the promotion of reconciliation of work and family responsibilities. The National Plan for Equality IV (2011–13), currently in operation, has the objective of mobilizing public and private entities for the implementation of equity plans that will ensure the reconciliation of work and family responsibilities. The Committee requests the Government to continue to provide information on the implementation of the National Plan for Equality IV, in particular with respect to specific measures adopted with a view to assisting male and female workers to balance their work and family responsibilities, and the concrete impact of such measures, including the number and nature of equity plans adopted and their results.
Article 4. Leave entitlements equality. The Committee notes with interest the adoption of Act 7/2009 approving the revision of the Labour Code, namely with respect to parental leave. The Committee notes that sections 40–42 of the new Code encourage the sharing of parental leave between mother and father beyond the first six weeks following childbirth; the period of leave is extended by 30 days if it is shared between the mother and the father. Moreover, the initial leave of five days, granted to fathers at the moment of childbirth, has been extended to ten days and an additional ten days are granted to the father if leave is taken at the same time as the mother. In case of adoption, parental leave is equal to that of natural birth. Furthermore, while the working time is maintained, greater flexibility is possible through collective and individual negotiation. The Government provides information on the number of subsidies granted to female and male workers in the framework of the parental leave provisions and further indicates that in 2010, the labour inspectorate issued nine warnings and imposed 25 fines for non-respect of parental leave provisions. The Committee requests the Government to continue to provide information on the measures taken in relation to the promotion of childcare leave. The Committee further requests the Government to provide statistics on the number of men and women, both in the public and private sectors, that have used the parental leave as well as information on the number of infringements registered by the labour inspectorate of the provisions of the Labour Code concerning parental leave. Please also provide information on flexible working time arrangements established through collective bargaining.
Article 5. Childcare and family services and facilities. The Government indicates that the Programme for the Improvement of the Social Equipment (PARES) has carried out several projects involving the establishment of 185 childcare facilities (crèches) as well as home support services, residential homes and other facilities for workers with family responsibilities. The Government indicates that the rate of coverage of childcare facilities has increased from 26.2 per cent in 2004 to 34.4 per cent in 2010. The Government further indicates that in the framework of the Programme for Integrated Support for Older Persons (PAII) a project for home support services, training and leisure for older dependent people has been developed. In addition, the national network for integrated and continued care, established in 2006, takes care of dependent persons either through in-patient institutions, ambulatory services, homecare or hospitals. The Government provides information on the establishments already created or refurbished (4,915 childcare places and 5,074 places for older persons) and those planed for the future. The objective of these measures is, according to the Government, to increase the autonomy of those to whom the measures are addressed and to help families to reconcile work and family responsibilities. The Committee requests the Government to continue to provide information on the measures taken to take account of the needs of workers with family responsibilities in community planning as well as on the number and nature of the community childcare and family services and facilities created and the number of workers with family responsibilities that have benefited from these facilities.
Article 6. Information and education. The Government indicates that in the framework of the National Plan for Equality II (2003–06) the Commission for Equality and for the Rights of the Women edited and distributed information brochures and organized several other awareness-raising activities. The Committee further notes that the “Equality is Quality” prize continues to be distributed among those public and private enterprises that promote equality between men and women and adopt effective measures against discrimination. Moreover, between 2006–09 the Social Dialogue and Equality in the Enterprise project was carried out by the social partners to provide assistance to those enterprises that fight against discrimination, providing a set of solutions for those enterprises interested in the integration of equality and the reconciliation of family and work responsibilities in their policies and agenda. The Committee also notes that several workshops were organized on issues related to equality. It further notes that the CITE provides information on non-discrimination and reconciliation of work and family responsibilities to the public in general and also to the social partners to assist them in the negotiating process. Please continue to provide updated information on the measures taken to engender broader public understanding of the principle of equality for male and female workers and of the problems of workers with family responsibilities as well as on the impact of these measures. Please also indicate whether the Social Dialogue and Equality in the Enterprise project has been continued and what has been its impact.
Article 7. Integration in the labour market. Following the Committee’s latest request, the Government indicates that the pilot project “Equal training opportunities throughout life” was developed in 1999 together with a Dutch training centre and was addressed mainly to women in order to increase their working possibilities. The Committee further notes the Government’s indication that section 30(3) of the Labour Code provides that priority should be given in the access to training to workers after parental leave or in the case of a single parent family. The Government also refers to diverse programmes addressed for the reintegration of workers in the labour market in its report under the Employment Policy Convention, 1964 (No. 122). The Committee requests the Government to provide information on the implementation of section 30(3) of the Labour Code with respect to workers after parental leave and its impact in practice. Please also provide information on any other measures designed to enable workers with family responsibilities to become and remain integrated or to re-enter the labour force following parental leave and the obstacles encountered, particularly taking into account the austerity measures recently adopted.
Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that within the framework of the Social Dialogue and Equality in the Enterprise project carried out by the social partners, mentioned above, a self-evaluation guide was elaborated which was used by the CITE in 2009 to undertake a gender evaluation in three public enterprises. The Committee further notes the Code of Good Practice for companies to assist reconciling work and family life prepared for the CITE. The Committee requests the Government to continue to provide information on the results of any measures adopted in collaboration with the social partners in order to help male and female workers to balance their work and family responsibilities. Please also provide concrete information on how the enterprises implement the Code of Good Practice and its impact on workers with family responsibilities.

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

The Committee welcomes the Government’s detailed report and attached documentation received together with the communication of the General Union of Workers (UGT) on 20 July 2006.

1. Legislative developments. The Committee notes with interest the adoption of the new Labour Code in 2003, which provides that all workers have the right to equal opportunity and treatment in employment and occupation and that workers and job candidates may neither be advantaged nor disadvantaged because of their family situation (section 22). The Code further prohibits employers from discriminating against workers directly or indirectly based on a number of grounds including family situation (section 23(1)). Noting the communication from the UGT asserting that family responsibilities continue to have a bearing on the recruitment of workers and that women in particular are discriminated against in employment and occupation based on their family situation, the Committee asks the Government to provide information on the application of these provisions of the Labour Code, in particular on the number and outcome of cases brought alleging discrimination on the basis of family situation. Noting the Government’s indication in its report to the Committee on the Elimination of All Forms of Discrimination against Women that the powers of the General Inspectorate of Labour have been enhanced to inspect, identify and punish discrimination (CEDAW/C/PRT/6, paragraph 206), the Committee asks the Government to indicate how the inspectorate monitors and enforces the above provisions in practice, and to provide statistics on the number and nature of infringements recorded relevant to the application of the Convention.

2. Article 3 of the Convention. The Committee notes the adoption of the National Plan for Equality II (2003–06), which is reported to include a variety of equality measures for men and women in employment and occupation to address several issues including the reconciliation of work and family life. It asks the Government to indicate in its next report the specific measures taken under this National Plan and their impact in assisting male and female workers to balance their work and family responsibilities.

3. Article 4. Childcare leave. The Committee notes that Act No. 142/99 of 31 August amended the Act on maternity and paternity leave (Act No. 4/84 of 5 April) establishing new childcare leave rights for male and female workers. In this respect, the Committee notes from the Government’s statistics that since the amendments were adopted, the number of men taking advantage of the 15-day period of subsidized paternity leave has increased dramatically from 146 men in 2000 to 32,945 men in 2005. The Committee asks the Government to continue to provide information on the development and promotion of childcare leave as well as statistics on the number of men and women in both the public and private sectors taking advantage of such arrangements. Noting that a violation of the standards provided for in the Act on maternity and paternity leave is considered to be a serious infringement, the Government is further asked to indicate the number and outcome of such infringements registered by the General Inspectorate of Labour. Please also include information on parental leave provisions negotiated between workers’ organizations and employers or their organizations in the context of collective bargaining.

4. The Committee recalls its previous comments on the issue of workers with responsibilities for older dependants and the limited attention paid by private enterprises to this matter despite the growing need identified by the Commission for Equality at Work and Employment (CITE) for innovative measures to assist families that care for older dependants. In this context, the Committee notes the Government’s further information on its Programme for Integrated Support for Older Persons (PAII). Noting that the number of elderly participants involved in this programme is relatively small, the Committee asks the Government to provide information on whether the projects developed under the PAII will be extended and to indicate what measures are planned or in place to raise awareness among both employees and employers about this issue, particularly in the private sector.

5. Article 5(b). Community services. The Committee welcomes the statistics provided by the Government on the number of care facilities available for infants and children, elderly people and the disabled showing overall capacity and the number of current users. The Government indicates that efforts are being made to increase capacity, particularly for those services whose usage rate is at 100 per cent. In this context, the Committee notes the Programme for the Extension of the Network of Social Facilities (PARES) which was set up in 2006 to support the development and consolidation of the social facilities network. It notes that this initiative has led to the creation of new facilities for the abovementioned groups, giving priority to geographic areas with low coverage. The Committee asks the Government to continue providing information on the development of community services to assist workers in balancing their work and family responsibilities and to indicate the results achieved under PARES in this regard.

6. Article 6. Awareness raising. In its communication, the UGT considers that raising awareness among the population on the issue of balancing work with family responsibilities is of vital importance. In this respect, the Committee notes the work of the CITE to promote equality of men and women in work through initiatives such as the Equality is Quality Prize along with gender equality training activities that address the reconciliation of the work and family responsibilities of men and women. The Committee asks the Government to continue providing information on the measures taken to engender broader public understanding of the principle of equality for men and women workers and of the problems of workers with family responsibilities, and to report on the impact of these measures.

7. Article 11. Participation of employers’ and workers’ organizations. The Committee notes the many initiatives to encourage the participation of employers’ and workers’ organizations in promoting the application of the Convention. It notes in particular the project entitled “Promoting reconciliation in enterprise” from 2001 to 2004 during which period 20 enterprises were studied with the aim of improving working conditions for workers with family responsibilities. It further notes the preparation of a code of good practice for companies to assist reconciling work and family life along with the establishment of the Observatory for Equal Opportunities in Collective Bargaining where the social partners have been involved in discussions on gender equality in collective agreements, specifically in the teaching, canned fish and textile sectors. In this respect, the Committee recalls the Government’s recent report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), referring to activities under the National Plan for Equality to promote equality plans and gender equality incentives in the private sector. The Committee welcomes these efforts and asks the Government to provide detailed information on the results achieved and how they have contributed to securing conditions of employment that allow men and women workers to balance their work and family responsibilities. Please also provide a copy of the code of good practice and indicate what further activities are planned or in place to involve the social partners in the application of the Convention.

8. Reintegration of workers following maternity leave. With regard to the measures taken to enable workers with family responsibilities to freely choose their jobs and to re-enter the labour force after an absence due to those responsibilities, the Committee notes the Government’s reference to its report under the Employment Policy Convention, 1964 (No. 122) received by the Office on 4 August 2006. It notes from this report the active measures described by the Government in the context of its employment policy to increase the number of women in employment, in part by reducing inequalities arising from the difficulties that women and men face in balancing work and family responsibilities. It further notes from the Government’s report on Convention No. 156 the reference to measures adopted by the CITE to promote gender equality in employment particularly with respect to equal opportunity for workers with professional and family responsibilities. Noting that the Government’s report does not contain information as requested in its previous comment on the results of the 1999 pilot project providing vocational training for workers who have faced problems in accessing other available training, the Committee asks the Government to indicate the outcome of this project and whether any other specific initiatives are planned or in place such as the establishment of vocational training facilities, paid educational leave, vocational guidance, counselling or information and placement services for both men and women workers who have left the workplace temporarily due to family responsibilities.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information contained in the Government's detailed report and attached documentation including the court decision and the Commission for Equality at Work and Employment (CITE) material.

1. Articles 3 and 4 of the Convention. Further to its observation, the Committee would be grateful if the Government would supply information in its next report on the manner in which the new constitutional and legislative enactments have been implemented.

2. Articles 3 and 4. With reference to its earlier comments, the Committee notes that the stated objectives of the Global Plan for Equal Opportunities include helping workers balance their work and family responsibilities by promoting, together with the social partners, the idea of shared responsibility in reconciling family and professional life. In this connection, the Committee notes with interest the many activities being carried out to raise awareness of the principle of equality of opportunity and treatment in the context of family responsibilities, including training courses in equal opportunities for lawyers and judges and courses for training equal opportunity specialists. The Committee would be grateful if the Government would continue to supply information concerning these activities, particularly those conducted in collaboration with the social partners, to encourage and promote changes in traditional societal attitudes towards the sharing of family responsibilities.

3. Article 5. With reference to its previous comments, the Committee notes with interest that the Directorate-General of Social Action's inventory of social services reflects a 25 per cent increase from 1993 to 1997 in the number of facilities and services established for the benefit of children and youths, older or disabled persons, those with drug or alcohol abuse problems and families and the community. The number of persons making use of these facilities and services increased by 18 per cent during the same time period. The Committee would be grateful if the Government would continue to provide information on the services provided to these sectors of the population relevant to the Convention, and requests the Government to indicate what measures it has taken or envisages taking to ensure that the number and type of facilities and services provided correspond to the actual needs of the workers.

4. The Committee notes the results of the 1995 survey conducted by the CITE on "family assistance for older persons: policies and initiatives in enterprises to provide support for older dependents". The Committee notes that the majority of the enterprises surveyed (84.3 per cent) had no specific policies aimed at assisting workers with family responsibilities towards older dependents. A majority of these enterprises did not consider the implementation of such measures to be important and 20 per cent indicated that they did not feel it was their responsibility to adopt these measures. Moreover, 60 per cent of the enterprises surveyed indicated that female workers were absent more often than male workers because of their family responsibilities towards older persons. The Committee notes the CITE's conclusions that, given the ageing of the European population, the increased participation of women in the labour market and increased social security costs, it is necessary to implement innovative measures to assist families in caring for older dependents. In this connection, the Committee notes with interest the Programme for Integrated Support for Older Persons (PAII) established jointly by the Ministry of Health and the Ministry of Labour and Social Security in 1994, and whose objectives include the development of support systems for families caring for dependent persons, particularly older dependents. The Committee would be grateful if the Government would continue to provide information concerning the PAII, as well as on any other measures taken to promote application of the principles of the Convention to men and women workers with family responsibilities towards older persons, including efforts to raise awareness of the need for measures for workers caring for older dependents.

5. Article 7. The Committee notes the pilot project launched in March 1999 to provide vocational training for workers that have faced problems in accessing other available training, including workers that have been unemployed for a prolonged period of time, or who seek to re-enter the job market after a prolonged absence. The Committee requests the Government to indicate the manner in which the pilot project gives effect to Article 7 of the Convention. It would be grateful if the Government would continue to provide information on all measures taken or contemplated to enable workers with family responsibilities to choose their employment freely as well as to re-enter the labour market after an absence due to family responsibilities.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the Government's detailed report, including the information compiled by the Directorate-General of Social Action and the Commission for Equality at Work and Employment (CITE).

1. The Committee notes with satisfaction the adoption of Act No. 1/97 of 20 September 1997, which amended the Portuguese Constitution and, inter alia, establishes that all workers, regardless of gender, have the right for work to be organized in such a way as to assist them to reconcile their professional and family responsibilities (Constitutional article 59(1)(b)) and that mothers and fathers should be granted the right to leave from work for reasonable periods, in keeping with the child's interests and the needs of the family unit (Constitutional article 68(4)).

2. The Committee further notes with interest the amendments to Act No. 4/84 incorporating European Economic Council Directive No. 92/85/EEC into the national legislation (Act No. 17/95 of 9 June 1995) and extending maternity leave as well as special childcare leave.

3. The Committee is addressing a request directly to the Government on other points.

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

Referring to its previous direct request, the Committee notes with interest the information contained in the report and documentation supplied by the Government.

1. The Committee notes from the inventory of social services compiled by the Directorate-General of Social Action that an increased number of facilities has been established for the benefit of children, older or invalid persons, those with drug or alcohol dependence and families. The Committee would be grateful if the Government would continue to provide information on the measures taken to ensure that the number and nature of such services correspond to the needs of the communities.

2. The Committee has also noted with interest the survey carried out by the Commission for Equality at Work and Employment (CITE) on the application of the Act concerning the Protection of Maternity and Paternity (Act No. 4/84 of April 1984), which will be used as a basis for a study to be undertaken by the CITE, in collaboration with other bodies of the Ministry of Employment and Social Security, on the question of "family assistance for older persons: policies and initiatives in enterprises to provide support for older dependants". The Committee requests the Government to furnish information on the results of this survey together with details on any action taken to further promote the objectives of the Convention with regard to workers with responsibilities for older dependants.

3. The Committee notes with interest the vigorous campaign being carried out by the CITE to increase awareness and provide information concerning equality in employment. It hopes that the Government will continue these activities with a view to encouraging a change in the traditional attitudes towards the sharing of family responsibilities.

4. With respect to measures to stimulate the employment of workers with family responsibilities under Articles 4 and 7 of the Convention, the Committee notes the collaboration of CITE with the World Trade Centre in a programme to increase the integration of women into the labour market, undertaken within the framework of the NOW Initiative of the Commission of the European Communities which is aimed at giving women the necessary training and support to create and manage their own small businesses. It also notes with interest the inclusion of material on equality in vocational guidance and training programmes. The Committee requests the Government to continue to provide information on positive measures to encourage the entry or re-entry into the labour market of workers with family responsibilities.

5. Having noted the texts of court decisions relating to the application of the Convention, the Committee requests the Government to continue to furnish any other such material that indicates the practical way in which effect is given to the Convention.

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

1. The Committee notes with interest, from the Government's two first reports, that the Government has adopted a policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and without conflict between their employment and family responsibilities, as called for by Article 3 of the Convention. This policy is embodied mainly in articles 36(3), 67 and 68 of the Constitution and in the legislation on equality of opportunity and treatment for men and women, and on the protection of maternity and paternity.

2. The Committee requests the Government, in its next report, to supply further information on the practical application of the above-mentioned policy. In particular, please indicate:

(a)whether positive measures have been taken to stimulate the employment of workers with family responsibilities (Article 4 of the Convention);

(b)the measures taken to take account of the needs of workers with family responsibilities in community planning (Article 5(a) of the Convention);

(c)the measures taken to ensure that the number and the nature of day-care facilities for children of workers correspond to the needs, taking into account that the Government stated in its 1985 report to the Committee on the Elimination of all Forms of Discrimination Against Women (UN doc. CEDAW/C/5/Add.21/Corr.1) that the lack of support structures and care facilities was still a very severe problem in Portugal (Article 5(b) of the Convention);

(d)the activities carried out by bodies such as the Commission on the Status of Women and the Commission on Equality in Employment and Occupation to engender a broader public understanding of the principle of equality of opportunity and treatment for men and women workers (Article 6 of the Convention);

(e)the practical measures taken in the field of vocational guidance and training to enable workers with family responsibilities to become and remain integrated in the labour force (Article 7 of the Convention); and

(f)any court decisions that could illustrate that family responsibilities do not constitute a valid reason for termination of employment (Article 8 of the Convention).

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer