Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Migration for Employment Convention (Revised), 1949 (No. 97) - Portugal (Ratification: 1978)

Article 1(c) of the Convention. Information on general agreements and special arrangements. The Committee notes that an agreement was concluded with Romania in 2005 respecting the temporary residence of Romanian citizens in Portugal for work-related reasons. The Committee asks the Government to provide information on the implementation of this agreement and also on any general agreement or special arrangement that is concluded in future on the subjects covered by the Convention.

Articles 2 and 4. Services to assist migrant workers. Recalling that in light of the increasing feminization of migration and the particularly vulnerable position in which many female migrants may find themselves, information campaigns specifically directed towards women may be appropriate (General Survey of 1999 on migrant workers, paragraph 198), the Committee requests the Government to provide information on the measures taken or envisaged, including by the High Commissioner for Immigration and Ethnic Minorities (ACIME), under Articles 2 and 4 of the Convention, with an indication of the specific measures adopted for women migrant workers.

Article 6. Equality of treatment. The Committee recalls the legislative framework in place to prevent and address discrimination in employment, as well as the mandate of ACIME and the Commission for Equality and Against Racial Discrimination (CICRR) and the inspectorate general to enforce the legislation and to combat discrimination. The Committee requests the Government to provide detailed information on the effect given in practice to the principle of equality of treatment between migrant workers and nationals in relation to the matters raised in Article 6(1)(a) to (d) of the Convention, with an indication of any violations detected or cases handled by ACIME, CICRR and the inspectorate general. Please also provide information on any complaints handled by the courts, including the sanctions imposed and remedies provided.

Equality of treatment. Social security. With respect to its previous comments concerning access of third-country nationals to the National Health Service (SNS), the Committee notes Order of the Ministry of Health No. 25 360/2001 of 12 December 2001 clarifying that foreign citizens residing legally in Portugal are given the same access to health care and medical assistance provided by the SNS institutions as that afforded to the SNS beneficiaries. The Committee also notes that extensive legislation in the area of social security has been adopted since the Government’s last report, in particular: (a) Act No. 4/2007 of 16 January 2007, approving the general foundations of the social security system; (b) Decree-Law No. 41/2006 of 21 February 2006, modifying Decree-Law No. 176/2003 of 2 August 2003, defining and regulating protection in the event of family responsibilities in the context of the family protection subsystem; (c) Decree-Law No. 220/2006 of 3 November 2006, establishing, within the context of the welfare subsystem, a legal framework for payments in the event of the unemployment of an employed worker; and (d) Decree-Law No. 42/2006, of 23 February 2006, modifying Decree-Law No. 283/2003 of 8 November 2003, regulating Act No. 13/2003 of 21 May 2003, which established the social insertion income. Noting that section 7 of Act No. 4/2007 provides that the principle of equality includes the non-discrimination for reasons of sex and nationality, without prejudice to residency requirements and conditions of reciprocity, the Committee asks the Government to indicate to which benefits the requirement of reciprocity applies. Please also specify whether, with respect to third-country nationals, the reciprocity requirement applies to unemployment benefits, benefits provided under the family protection subsystem and the solidarity subsystem (social insertion income).

Article 8. Maintenance of the right to residence in the event of incapacity for work. Recalling that a migrant for employment who has been admitted on a permanent basis to the country and the members of her or his family shall not be returned to their territory of origin or the territory from which they emigrated because the migrant is unable to follow his or her occupation by reason of illness or an accident, the Committee asks the Government to provide information on the application of this point and to indicate whether these migrant workers maintain their right to residence even when they or their families represent a burden on public funds. Please also indicate whether there have been cases of expulsion on grounds of incapacity for work and appeals to the courts, with their outcome.

Annexes I and II. Private recruitment agencies. The Committee notes that, following the ratification in 2002 of the Private Employment Agencies Convention, 1997 (No. 181), the Government is considering amending the current regulations governing private employment agencies with a view to ensuring their conformity with the Convention. The Committee also notes the adoption of Act No. 19/2007 of 22 May 2007 respecting temporary work agencies, section 10 of which envisages specific conditions for the granting of permits to such agencies where they conclude contracts for the use of workers abroad. These conditions include the obligation to ensure medical assistance to workers, provided that they do not benefit from such a service in the country of emigration, and the obligation to ensure the return of workers to their country of origin when their employment contract expires. According to the Government’s report, the labour inspection services detected ten cases of violations of these regulations. With reference to misleading propaganda, the Government indicates that the Consumers’ Institute and its Committee are entrusted with ensuring compliance with the legislation respecting publicity. The Committee asks the Government to provide a copy of the new legislation when it is adopted. The Committee also requests the Government to continue providing information on violations of Act No. 19/2007 as detected by the inspection services and, in particular, the measures adopted in this respect.

Practical information. The Committee requests the Government to continue to provide statistical information disaggregated by sex, country of origin and sector of activity on the number of migrant workers present in Portugal, and on the number of Portuguese workers abroad, where possible.