Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report and the observations of the Confederation of Portuguese Tourism (CTP) and the General Union of Workers (UGT) attached thereto.

1. Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value. The Government states that the concepts of “equal work” and “work of equal value” found in article 32 of Act No. 35/2004 presuppose that the terms of comparison relate to work being performed for the same employer. In its previous comment, the Committee reminded the Government that the meaning of equal remuneration under the Convention applies to work of equal value, even if it is work of a different nature or performed under different conditions for different employers. The Government replies, however, that if wage comparisons were to be made between enterprises, this would suggest that the activities of the enterprises and the differences in productivity between them are irrelevant for determining remuneration. The Committee recalls that the Convention does not require the elimination of differences in wages between enterprises where these are founded on objective criteria and do not discriminate on the basis of sex. However, the purpose of expanding the comparison of jobs more widely beyond individual employers is to be able to identify instances of discrimination in remuneration between men and women, particularly in circumstances where women are concentrated in particular sectors or occupations which are undervalued precisely because the work is being performed by women. The Committee therefore asks the Government to indicate whether any measures are being taken or envisaged to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed.

2. Wage gap between men and women. The Committee notes from the figures provided by the Government that wage differences between men and women continue to exist in the private sector with women earning 76.4 per cent of what men earn when taking into account the basic wage along with overtime, bonuses and other emoluments. The UGT indicates in its submission that, despite legal improvements with respect to equal remuneration, the statistics clearly show that women continue to be disadvantaged in the labour market and that affirmative action is necessary to correct the existing wage gap between men and women. Referring to the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the labour market continues to be characterized by horizontal as well as vertical segregation where women predominate in traditionally lower paid sectors (for example, services, health and social work, education and hospitality) and job categories requiring lower qualifications. In this respect, the Committee notes the initiative taken under the Operational Programme for Employment, Training and Social Development to address occupational segregation, including support for action to improve the labour market balance between men and women in professions characterized by widespread gender discrimination. Noting that 72 applications were assessed under this initiative, the Committee asks the Government to provide information in its next report on the outcome of this work and its impact on women’s access to better paid jobs. Please also provide information on the results achieved through the evaluation of collective agreements from a gender perspective under the National Employment Plan 2005–08, and how this has contributed to reducing the wage gap between men and women.

3. Article 3. Objective job evaluation. The Committee recalls the project “Revaluing work to promote equality” for the formulation and testing of a job-appraisal method in the catering subsector that is free from gender bias. It understands that, in the context of this project, the first meeting of the tripartite working group was held in Lisbon in March 2006. Noting the Government’s indication that the project is currently in the ACTION 2 stage and that it may later be extended to other sectors, the Committee asks the Government to keep it informed on the progress of this work and to include more detailed information if possible on the job evaluation methodology itself and the other sectors to which the project might be extended.

4. Parts III to V of the report form. The Committee notes the two rulings from the Commission for Equality in Labour and Employment (CITE) and encourages the Government to continue sending information on judicial and administrative decisions along with the number and outcome of complaints received by the CITE relating to the application of the Convention. Please also include specific details about the number and outcome of equal pay cases identified by the labour inspectorate.