Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

1. The Committee notes the comments by the General Workers' Union (UGT) alleging that, although some effort has been made to eliminate discrimination in employment and occupation in Portugal (for example by the 1979 Decree on equality of opportunity and treatment of men and women in employment and occupation), compliance with this legislation has been inadequately monitored, and there is still unequal treatment with regard to employment and occupation. The Committee also notes the Government's observations on these comments, to the effect that the social partners, including UGT, are represented on the Committee on Equality in Employment and Work (CITE) and are, thus, kept informed of its monitoring and promotional activities, as is the Committee of Experts.

2. The Committee asks the Government to continue to provide information as regards monitoring undertaken by the CITE and the General Labour Inspectorate of the compliance with the legislation relevant to the application of the Convention, commenting specifically on its frequency and extent.

3. The Committee notes the comments by the Confederation of Portuguese Industry (ICE) according to which section 31 of Decree No. 409 of 27 September 1971, which bans night work in industry for women, remains in force despite the Government's denunciation of Convention No. 89 in 1992, and relevant provisions in the Constitution and the legal situation in the European Union, with which it conflicts. The Committee notes that the Government considers that section 31 of Decree No. 409/71 is no longer applicable following the amendments to articles 13 and 58(3)(b) of the Constitution (with which it conflicts), and was accordingly revoked in accordance with sections 3 and 4(2), 8 and 23 of the above-mentioned 1979 Decree.

4. The Committee asks the Government to keep it informed of any measures taken to bring this legislation into conformity with current practice regarding night work for women in industry.