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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Portugal (Ratification: 1985)

The Committee welcomes the Government’s detailed report and attached documentation received together with the communication of the General Union of Workers (UGT) on 20 July 2006.

1. Legislative developments. The Committee notes with interest the adoption of the new Labour Code in 2003, which provides that all workers have the right to equal opportunity and treatment in employment and occupation and that workers and job candidates may neither be advantaged nor disadvantaged because of their family situation (section 22). The Code further prohibits employers from discriminating against workers directly or indirectly based on a number of grounds including family situation (section 23(1)). Noting the communication from the UGT asserting that family responsibilities continue to have a bearing on the recruitment of workers and that women in particular are discriminated against in employment and occupation based on their family situation, the Committee asks the Government to provide information on the application of these provisions of the Labour Code, in particular on the number and outcome of cases brought alleging discrimination on the basis of family situation. Noting the Government’s indication in its report to the Committee on the Elimination of All Forms of Discrimination against Women that the powers of the General Inspectorate of Labour have been enhanced to inspect, identify and punish discrimination (CEDAW/C/PRT/6, paragraph 206), the Committee asks the Government to indicate how the inspectorate monitors and enforces the above provisions in practice, and to provide statistics on the number and nature of infringements recorded relevant to the application of the Convention.

2. Article 3 of the Convention. The Committee notes the adoption of the National Plan for Equality II (2003–06), which is reported to include a variety of equality measures for men and women in employment and occupation to address several issues including the reconciliation of work and family life. It asks the Government to indicate in its next report the specific measures taken under this National Plan and their impact in assisting male and female workers to balance their work and family responsibilities.

3. Article 4. Childcare leave. The Committee notes that Act No. 142/99 of 31 August amended the Act on maternity and paternity leave (Act No. 4/84 of 5 April) establishing new childcare leave rights for male and female workers. In this respect, the Committee notes from the Government’s statistics that since the amendments were adopted, the number of men taking advantage of the 15-day period of subsidized paternity leave has increased dramatically from 146 men in 2000 to 32,945 men in 2005. The Committee asks the Government to continue to provide information on the development and promotion of childcare leave as well as statistics on the number of men and women in both the public and private sectors taking advantage of such arrangements. Noting that a violation of the standards provided for in the Act on maternity and paternity leave is considered to be a serious infringement, the Government is further asked to indicate the number and outcome of such infringements registered by the General Inspectorate of Labour. Please also include information on parental leave provisions negotiated between workers’ organizations and employers or their organizations in the context of collective bargaining.

4. The Committee recalls its previous comments on the issue of workers with responsibilities for older dependants and the limited attention paid by private enterprises to this matter despite the growing need identified by the Commission for Equality at Work and Employment (CITE) for innovative measures to assist families that care for older dependants. In this context, the Committee notes the Government’s further information on its Programme for Integrated Support for Older Persons (PAII). Noting that the number of elderly participants involved in this programme is relatively small, the Committee asks the Government to provide information on whether the projects developed under the PAII will be extended and to indicate what measures are planned or in place to raise awareness among both employees and employers about this issue, particularly in the private sector.

5. Article 5(b). Community services. The Committee welcomes the statistics provided by the Government on the number of care facilities available for infants and children, elderly people and the disabled showing overall capacity and the number of current users. The Government indicates that efforts are being made to increase capacity, particularly for those services whose usage rate is at 100 per cent. In this context, the Committee notes the Programme for the Extension of the Network of Social Facilities (PARES) which was set up in 2006 to support the development and consolidation of the social facilities network. It notes that this initiative has led to the creation of new facilities for the abovementioned groups, giving priority to geographic areas with low coverage. The Committee asks the Government to continue providing information on the development of community services to assist workers in balancing their work and family responsibilities and to indicate the results achieved under PARES in this regard.

6. Article 6. Awareness raising. In its communication, the UGT considers that raising awareness among the population on the issue of balancing work with family responsibilities is of vital importance. In this respect, the Committee notes the work of the CITE to promote equality of men and women in work through initiatives such as the Equality is Quality Prize along with gender equality training activities that address the reconciliation of the work and family responsibilities of men and women. The Committee asks the Government to continue providing information on the measures taken to engender broader public understanding of the principle of equality for men and women workers and of the problems of workers with family responsibilities, and to report on the impact of these measures.

7. Article 11. Participation of employers’ and workers’ organizations. The Committee notes the many initiatives to encourage the participation of employers’ and workers’ organizations in promoting the application of the Convention. It notes in particular the project entitled “Promoting reconciliation in enterprise” from 2001 to 2004 during which period 20 enterprises were studied with the aim of improving working conditions for workers with family responsibilities. It further notes the preparation of a code of good practice for companies to assist reconciling work and family life along with the establishment of the Observatory for Equal Opportunities in Collective Bargaining where the social partners have been involved in discussions on gender equality in collective agreements, specifically in the teaching, canned fish and textile sectors. In this respect, the Committee recalls the Government’s recent report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), referring to activities under the National Plan for Equality to promote equality plans and gender equality incentives in the private sector. The Committee welcomes these efforts and asks the Government to provide detailed information on the results achieved and how they have contributed to securing conditions of employment that allow men and women workers to balance their work and family responsibilities. Please also provide a copy of the code of good practice and indicate what further activities are planned or in place to involve the social partners in the application of the Convention.

8. Reintegration of workers following maternity leave. With regard to the measures taken to enable workers with family responsibilities to freely choose their jobs and to re-enter the labour force after an absence due to those responsibilities, the Committee notes the Government’s reference to its report under the Employment Policy Convention, 1964 (No. 122) received by the Office on 4 August 2006. It notes from this report the active measures described by the Government in the context of its employment policy to increase the number of women in employment, in part by reducing inequalities arising from the difficulties that women and men face in balancing work and family responsibilities. It further notes from the Government’s report on Convention No. 156 the reference to measures adopted by the CITE to promote gender equality in employment particularly with respect to equal opportunity for workers with professional and family responsibilities. Noting that the Government’s report does not contain information as requested in its previous comment on the results of the 1999 pilot project providing vocational training for workers who have faced problems in accessing other available training, the Committee asks the Government to indicate the outcome of this project and whether any other specific initiatives are planned or in place such as the establishment of vocational training facilities, paid educational leave, vocational guidance, counselling or information and placement services for both men and women workers who have left the workplace temporarily due to family responsibilities.