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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Portugal (Ratification: 1964)

The Committee notes the Government's report and the comments of the General Confederation of Portuguese Workers (CGTP) on the application of the Convention.

1. The Committee notes the CGTP's statement without additional explanation that Act No. 21/96 which establishes a reduction of normal working periods of over 40 hours. The Committee notes the Government's response that in 1990 and 1996 agreements were concluded with the employers' confederations and one confederation of workers -- the CGTP declined to participate -- which recommended that collective agreements should gradually reduce working time to 40 hours a week, and that those agreements are binding under the Act. The Committee considers that a provision of a law, establishing that normal working hours may not exceed 40 a week is not inconsistent with the Convention, in that it implies an improvement in working conditions and does not prevent the parties from negotiating and establishing a shorter working day in collective agreements.

2. The CGTP also objects to compulsory arbitration being imposed by law. The Committee notes that under section 35 of Decree No. 209/92 any of the parties to collective negotiations or the administrative authority or (in the case of public enterprises) the Economic and Social Council may refer disputes arising from the negotiation of a collective agreement to compulsory arbitration, particularly where agreement is not reached within two months. In the Committee's view, legislation which allows one of the parties to a dispute, or the authorities, unilaterally to impose intervention by the administrative authority for the purpose of compulsory arbitration is inconsistent with the promotion of collective bargaining. In these circumstances, the Committee asks the Government to bring its legislation into full conformity with the Convention by taking steps to have the above Decree amended to establish that any compulsory arbitration must be at the joint request of the parties.