Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the detailed information in the Government's report and the attached documentation.

1. The Committee notes from the Government's report that the difference in remuneration between men and women continues to be approximately 28 per cent, yet it also notes that in construction and public works, and transport and communications, women earn 8.8 per cent and 5.8 per cent more than men due to the women holding posts with higher skill levels. Moreover, it notes the Government's statement that more women are pursuing careers in the legal, military and medical professions which had been traditionally dominated by men. The Committee requests the Government to continue to provide data on the wage gap between men and women including information on any research carried out into the causes of the differentials and on any assistance provided to women to reduce gaps which are identified as based on the sex of the worker.

2. The Committee notes that the Committee on Equality in Work and Employment (CITE), responsible for receiving, analysing and processing complaints of discrimination on the basis of sex, received in 1992, five complaints of wage discrimination and that up to June 1993, two further such cases had been received. The Committee notes that most of the decided complaints show differential treatment for work of equal value without there being any clear grounds for such discrimination against women. It also notes that some of the complaints have been redressed as a result of the CITE issuing an opinion, although further statistical data on the results is not yet available. Noting that an impact-assessment analysis of CITE interventions is under way, the Committee requests the Government to inform it of the conclusions reached.

3. The Committee notes the information regarding the preliminary study conducted by the CITE in the cork bark industry and its findings adopted in Opinion No. 3/93. The study identified discriminatory clauses in the pertinent collective agreement, with occupational categories, wages and job descriptions being discriminatory towards women. The Government reports that the Opinion was transmitted to the signatories to the collective agreement with a view to redressing the discrimination in conformity with section 12 of Legislative Decree No. 392/79. The Committee asks the Government for information on any steps taken by the employers in the cork bark industry to comply with the CITE's recommendation. Please also include information on any other studies conducted on other industries and the results thereof.

4. The Committee notes that the legislative provisions stipulating equal remuneration for women and men for equal work or work of equal value should be based on objective criteria applicable to both sexes (section 9 of Legislative Decree No. 392/79). It also notes that any discriminatory clauses in collective agreements are null and void (section 12), and that a claim may be filed in the labour courts to have such clauses declared illegal. Please provide information on the claims which may have been filed in the labour courts and any relevant decisions, including measures taken or envisaged to apply the legislative provisions for objective methods of evaluation of jobs performed in the private sector.

5. The Committee notes that the CITE analyses all framework collective agreements and recommends to the parties to the agreement and to the Directorate-General of Working Conditions that such discriminatory clauses be excluded in future agreements. It notes further that this analysis may also be initiated at the request of workers. The Committee requests the Government to provide information on any such analyses undertaken by the CITE, including details of any which are conducted at the request of workers.

6. The Committee notes the Government's explanation that domestic workers and homeworkers are not excluded from the ambit of Legislative Decree No. 392/79 and that section 20(1) merely provides that regulatory texts may make amendments to the applicable scheme so as to take into account the specific characteristics of these workers. It also notes that Legislative Decree No. 235/92 of October 1992 establishes the regulatory framework for domestic service contracts and Legislative Decree No. 440/91 of 14 November 1991 regulates homeworkers, and that these two Decrees do not provide for any exception, restriction or specification in the employment contracts of these two sectors of workers. Please provide information on any measures taken or envisaged to ensure that the principle of equal remuneration for work of equal value for men and women is applied in practice to these workers.