Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Portugal (Ratification: 1962)

Articles 3(1)(a) and (b), 13, 17, 18, 20 and 21 of the Convention. Distribution of inspection activities between the objectives of prevention and punishment of violations. The Committee notes the comments of the General Workers’ Union (UGT) annexed to the Government’s report. The Committee notes that these comments repeat, in large part, the questions raised in 2006 and 2009. The UGT believes that special attention should be placed on the violations related to the registration of temporary labour contracts, to false self- and temporary employment, to illegal overtime hours and to abusive layoffs. The UGT highlights the need to intensify all inspection activities and not merely those aimed at prevention, to increase the human and material resources of the inspection service and to strengthen the capacity of inspectors to interpret legislation. Although the Union acknowledges the efforts made to increase both the number of inspectors and the technical support staff through various competitions, it is concerned that the Authority for Conditions of Work (ACT) has not, for several years, satisfied its pledge to provide the social partners with periodic information on labour inspection activities related to child labour, security, hygiene and health at work, back wages, etc.

The Government indicates that, in 2009, it gave particular attention to the function of the ACT in the context of providing information and advice to workers, employers and their representatives by way of a permanent update on its website, which contains: clarifications on some important aspects of the law; the forms related to the obligations of communication of information to the ACT; the list of self-verifications to facilitate internal monitoring relating to security and health at work, in particular in small and medium-sized industries; information on the displacement of workers in the European Union countries; frequently asked questions; and, statistical figures regarding lethal work accidents that had been the subject of ACT investigations. The Government further highlights the publication of pamphlets and books and that, in regard to the activities of information and advice, 8,355 issues were treated through email. The Committee notes, however, that the Office last received the annual report on the activities of the labour inspection services back in 2008. The Committee asks the Government to ensure that the annual report is communicated to the Office without delay and becomes available to the social partners, and that it contain information on all of the questions listed in Article 21 of the Convention and, in particular, on the violations found by the labour inspectors, specifying the legal provisions concerned. The Committee would also be grateful if the Government would submit information on the impact of the activities of information, advice and enforcement carried out by the labour inspection services on the application of the provisions concerning the conditions of work and the protection of workers while engaged in their work in the establishments covered by the Convention.

Article 7. Capacity building of labour inspectors. The Committee notes the detailed information provided by the Government relating to the capacity building provided to labour inspectors. It notes that, in 2008, the ACT carried out 46 continuous vocational trainings directed at labour inspectors, lasting 627 hours, and that, in 2009, there were 66 activities, lasting 2,586 hours. In 2008, these activities included topics like the information system for registering inspection activities, as well as the inspection of road transportation, the participation of minors in shows and other cultural and artistic activities, temporary work, occupational safety and health in the agro-forestal sector, the manual handling of cargo, working machinery and equipment, undeclared work and other forms of irregular work and finally, the exposure to asbestos, physical risks and chemicals. In 2009, the activities directed at trainee inspectors included, in particular, modules on industrial relations, occupational safety and health, professional ethics, the legal framework and information systems. The training also continues to include general conditions of work and occupational safety and health, as well as modules on information systems. The Committee would be grateful if the Government would continue to provide information on the measures adopted to ensure the training of labour inspectors in the course of their employment and, where possible, specify by district or region the precise number of inspectors who participated in training activities. Furthermore, the Committee asks the Government once again to provide information specifying how the training activities have impacted on the methods of work of the labour inspectors and their capacity to detect labour law violations.

The Committee is raising other points in a request addressed directly to the Government.