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

Equal Remuneration Convention, 1951 (No. 100) - Portugal (Ratification: 1967)

With reference to its previous direct request, the Committee notes the Government's report and the detailed information attached thereto.

1. The Committee notes the statistics on the wage differential between men and women and the Government's statement that it remains unchanged; in 1990, women's wages on average were approximately 28.4 per cent (monthly) or 23.5 per cent (minimum weekly) lower than men's wages. The Committee notes that, according to the Government, these disparities can be explained, amongst other reasons, by the number of hours worked by women, who are prohibited from engaging in night work which is usually remunerated with an additional bonus of 25 per cent, and by the fact that women hold jobs requiring lower skills and have a high rate of absenteeism owing to their family obligations.

The Committee notes the measures taken by the Government to attempt to reduce if not eliminate the wage differential between men and women workers and in particular to open up to women certain jobs traditionally held by men and to assist women with their family responsibilities. The Committee asks the Government to continue to provide information on developments in this area in its report together with detailed statistical data on the results obtained since these measures have been applied.

2. Further to the comments submitted by the General Confederation of Portuguese Workers (CGTP) concerning the application of the Convention, the Committee notes with interest the information on the activities of the tripartite Committee on Equality in Work and Employment (CITE) whose composition was altered in 1988 when the basic legal text was reviewed, and the Government's efforts to increase the above Committee's human and material resources and improve its efficiency. It notes that in the legal opinions appended to the Government's report the CITE refers, in its conclusions, to discriminatory practices against women by certain enterprises and makes recommendations to improve the situation. According to the Government, these reports by the CITE are produced following complaints and, when adopted unanimously by the CITE, they are published and referred for implementation to the labour inspectorate which may impose fines. The Committee asks the Government to continue to provide detailed information on the measures taken to eliminate infringements of the principle of equal remuneration for men and women set out in the Convention and on the activities of the labour inspectorate in this area, particularly the fines imposed in the 17 cases of discrimination on the ground of sex identified by the General Labour Inspectorate between 1989 and 1991.

3. The Committee also notes the information on the CITE's activities in the area of collective agreements and notes that, according to the Government's report, these agreements contain no provisions which are directly discriminatory, in accordance with section 12 of Legislative Decree No. 392/79 to guarantee equality of opportunity and treatment for men and women in work and employment. The Committee notes that the CITE undertakes studies to identify problems of discrimination against women, which analyse occupational classifications, wages and job descriptions, that the CITE is planning to take action to remedy situations in which women are the object of discrimination and that, so far, its contacts with the social partners when violations of the law have been reported in this area have been positive. It asks the Government to provide a copy of the CITE national study on collective agreements in the cork industry, which was due to be completed in 1992, and copies of any similar studies already completed. It also asks the Government to supply specific information on situations involving discrimination against women that have been remedied as a result of CITE intervention.

4. With regard to the evaluation of jobs, the Committee noted that, according to the CGTP, no measures had been taken to set up a job evaluation system using criteria common to both sexes. The Committee notes from the report that the Government does not know what evaluation methodology is used in the private sector, and again refers to the provisions of Legislative Decree No. 392/79 (section 2(d) and (e) and section 9(2) and (3)) and Legislative Decree No. 426/88 (section 3(d) and (e) and section 6(2) and (3)), which stipulate that equal remuneration for men and women for equal work or work of equal value shall be based on objective criteria common to both sexes for the evaluation of tasks. The Committee recalls that, in its 1986 General Survey on Equal Remuneration, it pointed out in paragraph 138 that equal remuneration for work of equal value "necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed". The Committee therefore asks the Government to indicate the measures taken or contemplated to apply objective methods of evaluation in the private sector, in accordance with the law.

With regard to the public sector, the Committee notes that an objective system of job classification has been established by Legislative Decree No. 248/85 of 15 July 1985. The Committee would be grateful if the Government would provide the salary scales applicable in the public sector, with an indication of the percentage of men and women employed at different levels.

5. The Committee recalls that domestic workers and homeworkers are excluded from the scope of Legislative Decree No. 392/79, which guarantees equality of opportunity and treatment for men and women in work and employment, and that no other law provides protection for these workers in respect of equal remuneration for work of equal value. The Committee notes from the Government's last report that, under section 20(1) of the above-mentioned Legislative Decree, these workers are covered by separate legal provisions. The Committee recalls that the Convention applies to "all workers" and therefore covers the two above categories. It asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is applied to these workers and to keep it informed of any developments in this respect.