Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Portugal (Ratification: 1981)

The Committee notes the replies provided by the Government to its 2008 observation. It further notes the remarks by the General Workers’ Union (UGT) and the Confederation of Portuguese Tourism (CTP).

Parts I and II of the Convention. Improvement of standards of living. Article 2. The Committee notes the measures taken in the context of the global crisis to boost the economy, investments and employment. Various social policy priorities were identified within the Major Planning Options 2010–13 with an aim to combat social inequalities, strengthen social security and improve social protection. The Government indicates that measures taken between June 2008 and May 2010 to support the improvement of standards of living include: a tripartite agreement establishing the increase of minimum monthly wages up to €500 in 2011, the updating of family allowance values and pensions, and the extended duration of compulsory education. Various measures were taken in the framework of the Initiative for Investment and Employment and the Initiative for Employment 2010 which, inter alia, were aimed at promoting employment and vocational training for the unemployed and youth and at increasing income support for the unemployed. The UGT indicates that the December 2006 tripartite agreement establishing the minimum monthly wage increase had a positive impact on the fight against poverty, but its impact was minimized by the economic crisis and the new policies adopted to combat its effects. The CTP refers to the social security legislation that may limit employment promotion and suggest that some matters might be renegotiated through a tripartite agreement to better take into account the current socio-economic framework. The Committee invites the Government to provide, in its next report, an evaluation of the manner in which “the improvement of standards of living”, as required by Article 2 of the Convention, has been taken into account in the social policies pursued in the context of the economic and financial crisis.

Part IV. Remuneration of workers. In reply to the 2008 observation, the Government indicates that Act No. 7 of 12 February 2009 reviewed some provisions of the Labour Code regarding, amongst others, discrimination with regard to employment, working time, the limitation of the use of temporary employment contracts, access to education and vocational training for young workers and labour law enforcement. As regards the measures adopted to apply Article 12 of the Convention, the Government refers to section 279 of the Labour Code, as amended by Act No. 7 of 12 February 2009. Paragraph 1 of this section provides that, during the duration of the contract of employment, the employer may not make a deduction from the worker’s remuneration for the repayment of a loan made by the employer to the worker, nor any deduction from the worker’s remuneration, except in the case envisaged in section 279(2)(f) of the Labour Code. The Committee further notes that, in conformity with section 279(3), deductions allowed by section 279(2)(f) cannot exceed, in total, one sixth of the remuneration. The Committee requests the Government to indicate in its next report the manner in which competent authorities or tribunals have given decisions involving questions of principle relating to the application of section 279 of the Labour Code in accordance with Article 12 of the Convention.