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Consultations required by the Convention. Consultations on unratified Conventions. In its previous comments, the Committee invited the social partners to hold consultations to re-examine unratified Conventions and Recommendations to which effect could be given (Article 5(1)(c) of the Convention). The Committee notes the detailed reply provided by the Government in the report received in July 2010 and the further substantive comments made by the Confederation of Trade and Services of Portugal (CCP) and the General Union of Workers (UGT). The CCP recognizes that consultation mechanisms exist, operate and are well established in Portugal. Nevertheless, it indicates that the comments made during consultations in some cases have little impact. In this respect, the Government reiterates that all the views put forward by the organizations are transmitted with the Government’s reports and replies to the ILO, and that it is not responsible for such comments being reflected in the Organization’s documents. The UGT agrees that consultation procedures on ratified Conventions and denunciations are given effect. Nevertheless, the UGT contends that the procedures for the ratification of Conventions are excessively long and lack transparency. In the view of UGT, it is essential to be informed of the procedures followed for the ratification of Conventions so as to determine responsibilities and remedy the situation. The UGT advocates simpler procedures so that the information on the ratification or non-ratification of a Convention are clearer and known in advance to the social partners. The UGT emphasizes that three Conventions are Unemployment Convention, 1988 (No. 168), the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), and the Maternity Protection Convention, 2000 (No. 183). The UGT welcomes the fact that the Government has provided information to the Standing Committee for Social Dialogue (CPCS) on the process of ratifying two Conventions (the Occupational Health Services Convention, 1985 (No. 161), and the Home Work Convention, 1996 (No. 177)). The Government recalls that the process of ratification involves consultation with various ministerial departments, as well as with the ILO concerning the meaning of certain provisions of Conventions. An assessment also has to be made of whether it is appropriate to introduce legislative amendments when they are identified as being necessary by studies on the feasibility of ratification. On many occasions, the public administration lacks the human resources to carry out feasibility studies rapidly. The Government understands that further use can be made of the CPCS to provide information on ratifications. In the case of Conventions which lie within the competence of the legislative authority or when it wishes to hold a parliamentary debate, the Government proposes ratification for approval by the Assembly of the Republic. It notes that the Assembly of the Republic may also take the initiative of deciding upon the ratification of Conventions. The representative organizations of employers and workers are assured the right to express their views on the approval of new Conventions, in accordance with the Labour Code. The Committee invites the Government to continue providing information on the tripartite consultations required by Article 5(1) of the Convention, and hopes that information will be provided in the next report on the progress achieved in relation to the matters raised in this observation, including information related to continuing examination of unratified Conventions (Article 5(1)(c)).
Tripartite consultations required by the Convention. Consultation on unratified Conventions. The Committee notes the detailed report sent by the Government for the period ending May 2008 and the observations from the Confederation of Portuguese Industry (CIP) and the General Union of Workers (UGT) attached to this report. The CIP declares that its opinions are rarely received favourably by the Government. In reply, the Government asserts that it has taken into account the information and opinions sent by a number of social partners and has sent these to the ILO. The UGT declares that it has advocated without success the ratification of a number of Conventions – namely, Conventions Nos 161, 168, 173, 177 and 183. The Committee invites the social partners to hold tripartite consultations in order to re-examine unratified Conventions and Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification as appropriate (Article 5, paragraph 1(c), of the Convention). The Committee hopes that the next reports will continue to provide detailed information on the form and content of formal consultations held on the matters covered by the Convention.
Tripartite consultations required by the Convention. The Committee notes the Government’s detailed report for the period ending May 2006, along with the observations made by the Confederation of Portuguese Industry (CIP) and the General Union of Workers (UGT). It also notes the Government’s comments on the observations made by the occupational organizations. The Committee trusts that the Government and the social partners will continue to supply detailed information in future reports on the form and content of the consultations held on the matters covered by the Convention.
The Committee notes the Government’s detailed report and the comments of the Confederation of Portuguese Industry (CIP) on the consultation procedures. It refers to its direct request of 2000 and requests the Government to continue providing information on the application of Article 2 of the Convention and the consultations held on the matters covered by the Convention.
The Committee notes with interest the report from the Government for the period ending in June 1999 which contains detailed information in reply to its previous direct request. The Committee particularly notes that, taking account of its earlier comments, the Government has consulted with the representative organizations, especially the General Confederation of Portuguese Workers (CGTP) and the Confederation of Portuguese Industry (CIP), on the form which consultation procedures should take. Recalling that, in its last General Survey concerning the Convention and Recommendation No. 152, it stated that it would be clearly contrary to the aims of the Convention to interpret Article 2(2) of the Convention as excluding any possibility of re-examining existing procedures (paragraph 71), the Committee also noted a general agreement, during the preparatory work for the adoption of the Convention and Recommendation, on the fact that the consultations envisaged encompassed those which took place in writing (paragraph 52), and that, at all events, the very flexible wording of the Convention leaves considerable latitude to the Members with regard to the choice of consultations procedures (paragraph 53). The Committee requests the Government to continue to supply detailed information in its next reports on the consultations held on the questions covered by the Convention.
1. The Committee notes the Government's report and the information supplied in response to its previous direct request. It also notes the observations made by the General Confederation of Portuguese Workers (CGTP) sent with the report, and the communication from the Confederation of Portuguese Industry (CIP) sent directly to the Office, a copy of which was sent to the Government.
2. The Committee appreciates the information supplied in the report on the consultations held on the matters set out in Article 5, paragraph 1, of the Convention. The Government is asked to continue to provide such information in all its future reports.
3. Further to the observations made in 1995 by the CIP and General Union of Workers (UGT), the Government invited the other representative organizations to express their views on the procedures for the consultations. The Committee notes the CGTP's reply stating that they were effective.
4. The CIP, in its communication, deems that its previous observations remain relevant and suggests a discussion on the possibility of holding more regular consultations and abandoning the procedure of written communications. The Committee would encourage the Government to hold discussions with the other representative organizations on these proposals. It hopes that this will enable a solution to be found to the concerns once again raised and that in its next report the Government will provide information on any such consultation, which would be in keeping with the prescriptions of Article 2, paragraph 2.
The Committee notes the detailed information contained in the Government's report. It would be grateful if the Government would continue to supply such information, particularly on the consultations held during the periods covered by each of the subsequent reports on the matters enumerated in Article 5, paragraph 1, of the Convention.
The Committee also notes the observations made by the Confederation of Portuguese Industry (CIP) and the General Union of Workers (UGT), which were attached to the report. It notes that, according to the CIP, the transmission of documents by the Government to the representative organizations and the written consultation procedures, as it is currently conducted, are not sufficient to establish dialogue, which should necessarily involve real consultations on the above matters. The CIP also regrets that the final content of Government replies to the ILO is not subject to the procedure of tripartite consultation.
The UGT also considers that consultations should involve, in addition to written communications, discussions during meetings between representatives of the Government and the social partners in order to enable the parties to express their opinions more effectively.
The Committee notes the initiative taken by the Government of communicating the above observations to the other representative organizations and inviting them to express their points of view on the matters raised therein.
The Committee hopes that the Government will be in a position to provide information in its next report on such consultations, which are in conformity with the requirements of Article 2, paragraph 2. However, it wishes to point out with regard to the issue of the consultations desired by the CIP on the final content of Government replies, that such consultations are not explicitly envisaged by the provisions of the Convention, but that the representative organizations nevertheless have the possibility of expressing at any time their opinion on the manner in which the Convention is applied, and that the Government is requested under the terms of point VI of the report form, to indicate whether it has received from the organizations of employers or workers concerned any observations of a general kind "in connection with the present or the previous report, regarding the practical application of the provisions of the Convention ...", and to communicate such observations to the Office, together with any comments that it considers useful.
The Committee notes the information supplied by the Government in its report and the comments of the General Union of Workers (UGT).
The Government, with reference to the questions raised in the previous direct request, indicates that, following the comments by the UGT, a tripartite meeting has been convened with a view to an exchange of views and a re-evaluation of the application of the Convention.
The Committee notes the comments made on this occasion by, in addition to the UGT, the Portuguese Confederation of Commerce (CCP), the Portuguese Confederation of Farmers (CAP) and the General Confederation of Portuguese Workers (CGTP-IN). These comments deal in particular with consultation procedures (Article 2 of the Convention), the training of participants in these procedures (Article 4) and issuing an annual report (Article 6).
The Committee would be grateful if the Government would continue to supply information on the purpose of consultations (Article 5, paragraph 1) as well as on developments in consultation methods and procedures (Articles 2, 4 and 6).
The Committee notes the information supplied by the Government concerning Article 4, paragraph 2, and Article 6 of the Convention. In this connection, it also notes the different points of view expressed on the one hand by the Portuguese Confederation of Industry and the Portuguese Chamber of Commerce and, on the other, by the General Confederation of Portuguese Workers which considers that, generally speaking, the written consultation procedure does not ensure that the Convention is fully applied.
The Committee would be grateful if the Government would continue to supply information on any developments regarding the application of the Convention, particularly as concerns the two provisions mentioned above.
1. The Committee notes the information supplied by the Government concerning the application of Article 5, paragraph 1, of the Convention.
2. It also notes the Government's reply concerning Article 4, paragraph 2, to the effect that the consultation procedures carried out in writing do not imply any special administrative or financial support beyond the normal requirements for the operation of state services. The Committee wishes to draw the Government's attention to the purpose behind this provision of the Convention and to point out that it concerns the financing of measures which should be taken, in co-operation with the representative organisations of employers and workers, in order to provide appropriate training to enable those participating in the consultation procedures to fulfil their functions effectively. It requests the Government to supply any appropriate information in this respect.
3. Finally, the Committee notes that the Government still has not consulted the representative organisations as to whether it is appropriate to produce an annual report on the working of the consultation procedures, as provided for in Article 6. It requests the Government to indicate the measures that have been taken or are envisaged to give effect to this provision of the Convention.