Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Portugal (Ratification: 1977)

The Committee notes the adoption of Act No. 30/92 of 20 October, to amend Act No. 65/77 respecting the right to strike. In this connection, the Committee notes that minimum services may be determined by collective agreement or by agreement with the representatives of the workers. Nevertheless, the Committee notes that in cases in which the parties do not reach an agreement, the determination of these services is made by the Minister of Employment and Social Security together with the Minister competent for the sector in question.

The Committee considers that it would be preferable for minimum services, in those public services which are not considered to be essential in the strict sense of the term, to be determined by an independent body in the event of disagreement between the parties. The Committee therefore requests the Government to supply information in future reports on the effect given in practice to this new provision of the law.