Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information provided by the Government in its report for 1997 and in its response to the observations made by the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers (CGTP), which were transmitted by the Government with its report.

Articles 3, 5, 17 and 18 of the Convention. Enforcement of legal provisions relating to the employment of children and young persons; information and advice. The Committee notes the information provided by the Government concerning the activities to combat child labour, and particularly those of the general labour inspectorate, which also cooperates with the National Commission for the Elimination of Child Labour. In this respect, the CGTP considers that, although recourse to child labour cannot be entirely and exclusively imputed to the ineffectiveness of inspection activities, it is nevertheless certain that effective and generalized action, particularly in regions, sectors and enterprises in which it is known or suspected that recourse to child labour is more frequent, would play a dissuasive role, particularly if inspections resulted in penalties adapted to the seriousness of the cases (Articles 3, paragraph 1(a), 17 and 18).

The Committee notes the detailed statistics provided by the Government on the specific activities of the labour inspectorate in relation to child labour over the past ten years, and that the figures for 1996-97 show that the violations reported by inspectors relate primarily to non-compliance with the minimum age for admission to employment or work. The Committee requests the Government to provide information on the development and any intensification of the activities of the labour inspectorate relating to the enforcement of legal provisions respecting the employment of children and young persons, the cases of child labour detected and the penalties imposed (Articles 3, paragraph 1(a), 17 and 18). The Committee notes that, for its part, the CIP emphasizes the strengthening of the preventive role of the inspectorate and the Committee recalls the role to be played by labour inspection in supplying technical information and advice to employers and workers and collaborating with them or their organizations (Article 3, paragraph 1(b), and Article 5(b)).

Articles 10 and 11. Human and material resources. The Committee notes the comments of the CGTP concerning the insufficient level of the human and material resources which are necessary for the effective discharge of the duties of the inspectorate, which impedes the detection of cases in which legal provisions are not observed. The Committee notes from the figures provided by the Government that in 1998 there were some 343 labour inspectors (311 in 1997 with 32 entering their functions in 1998) and that the recruitment of 20 new inspectors is also envisaged. The Committee requests the Government to continue supplying information on changes in the personal and material resources of the inspection services and their impact on the effectiveness of inspection activities.