Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Wage Fixing Convention, 1970 (No. 131) - Portugal (Ratification: 1983)

The Committee notes the detailed information contained in the Government’s report and attached documents, in particular the adoption of the new Labour Code, Act No. 99/2003 of 27 August 2003 and relevant Regulations, Act No. 35/2004 of 29 July 2004.

Articles 1 and 2 of the Convention. Coverage of the system of minimum wages. Further to its previous comment on the differentiated minimum wage for domestic work, the Committee notes with interest that by Decree-Law No. 19/2004 of 20 January 2004, a single national minimum wage was for the first time established thus aligning the minimum wage for domestic services with that for other activities.

In addition, the Committee notes the Government’s reference to Act No. 35/2004, section 209(1)(a) of which provides that the minimum wage for apprentices and trainees may be 20 per cent lower than the national minimum wage. Such reduction, however, may not exceed a period of one year, including training time spent elsewhere provided it is documented and for the same qualification. As regards measures to enforce these provisions and thereby prevent abuse of the system of reduced minimum wages for apprentices, the Government refers to section 483 of the same Act concerning serious breaches of the rules governing the guaranteed minimum monthly wage, and the corresponding monetary fines. The Committee notes, however, that the sanctions provided for in section 483 do not apply to offences related to section 209 which provides for the reduced minimum wage rates for apprentices, interns, and workers with reduced working capacities. It therefore requests the Government to provide further clarifications on this point.

Article 3. Factors applied for fixing minimum wages. The Committee notes that under section 266 of the new Labour Code, the guaranteed minimum monthly wage is updated annually after consultation with the Permanent Commission for Social Dialogue (Comissão Permanente de Concertação Social) taking into account workers’ needs, increases in the cost of living and productivity trends. It also notes that under section 210 of the Regulations, the adjustment of the guaranteed minimum monthly wage is intended to satisfy the criteria of the wages and income policy. The Committee requests the Government to continue to provide information on the work of the Permanent Commission for Social Dialogue as regards the periodic adjustment of the national minimum wage, for instance, copies of annual reports, official studies or surveys of national economic conditions serving as basis for its discussions, etc.

Article 4. Consultations with employers and workers. The Committee notes the information according to which the Permanent Commission for Social Dialogue concluded an agreement in December 2006 for increasing the guaranteed minimum monthly wage at €450 by 2009 and adopting a medium-term target of €500 in 2011. The agreement further provided that the intermediate rates fixed by the Government will be subject to annual review by a tripartite committee composed of representatives of the social partners and the Government. The Committee also notes the observations of the Portuguese Confederation of Tourism (CTP), the General Confederation of Portuguese Workers (CGTP) and the General Workers’ Union (UGT), all referring to the importance of that agreement. The Committee welcomes the conclusion of the agreement under conditions fully in line with the requirements of this Article of the Convention concerning the direct participation of and full consultation with employers’ and workers’ organizations, and requests the Government to keep it informed of its future implementation.

Article 5 and Part V of the report form. The Committee notes the information provided by the Government regarding the evolution of the guaranteed minimum monthly wage in the period 2002–07 and the minimum wage rates provided for under sectoral collective agreements concluded in 2004 and 2005. It also notes the statistics concerning the number of inspections conducted and proceedings initiated in respect of minimum wage-related offences in the period 2004–06. The Committee would appreciate if the Government would continue providing up to date information on the practical application of the Convention.