Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee recalls that its previous comments referred to the need to bring the following provisions of the national legislation into conformity with the Convention and national practice, since they require too high a number of workers and employers in order to form occupational organizations:

-- section 8(2) and (3) of Legislative Decree No. 215/B/75 which requires 10 per cent or 2,000 workers to establish a trade union, and one-third of the trade unions of a region or category (respectively) to establish a federation; and

-- section 7(2) and (3) of Legislative Decree No. 215/C/75, which requires one-quarter of the employers concerned but not more than 20 individuals in order to establish an employers' organization and a minimum of 30 per cent of employers' associations to establish a group or federation (respectively).

For several years, the Government has indicated that these provisions, according to the General Attorney of the Republic, are not applied in practice.

The Committee firmly hopes that the above provisions will be expressly amended in the near future and asks the Government to inform it of any positive changes in this respect.