Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Portugal (Ratification: 1977)

The Committee notes the observations from the International Trade Union Confederation (ITUC) received on 30 August 2013, as well as the response from the Government thereon. The Committee also notes the observations from the General Union of Workers (UGT) and from the General Confederation of Portuguese Workers – National Trade Unions (CGTP IN), included in the Government’s report. The Committee further notes the observations of the International Organization of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee takes note of the information provided by the Government in reply to the ITUC’s observations of 2012 concerning the arrest of two trade union leaders by the police at the end of a nationwide rally, indicating that they were arrested without use of violence for the commission of a crime of qualified disobedience on the grounds of having caused the breakdown of the legally required protection perimeter of the residence of the Prime Minister, after having been warned by the police that such breach would lead to their arrest. The Committee requests the Government to provide information on the outcome of the judicial proceedings.

Finally, the Committee notes that, in its observations, the CGTP–IN alleges that section 497 of the Labour Code, in allowing workers who are not union members to choose applicable collective agreements, constitutes an anti-union provision which dissuades people from becoming union members, encourages them to leave trade unions, introduces discrimination between workers and allows employers to influence the workers’ choice of applicable collective agreement. The Committee observes that these matters have been examined by the Committee on Freedom of Association (CFA) (Case No. 3072, 376th Report, paras 914–927) and refers to the conclusions of the CFA.

Article 3 of the Convention. Right of organizations to draw up their constitutions and rules. In its previous comments, the Committee had addressed observations from the CGTP IN challenging interference from the labour administration in the internal organization of trade unions through controls made on the regulation by trade union constitutions of the direito de tendência, namely the right of trade union members to form channels of opinion through which they may participate in the functioning of the organization. Having duly noted the comments of the Government on this regard, as well as a decision of 4 May 2011 of the Tribunal da Relação in Lisbon indicating that trade union constitutions are free to define the manner in which the direito de tendência is implemented in practice, the Committee had recalled that, under Article 3 of the Convention, national legislation should only lay down formal requirements respecting trade union constitutions, except with regard to the need to follow a democratic process and to ensure a right of appeal for the members. The Committee had requested the Government to initiate discussions with the representative workers’ and employers’ organizations in order to examine the legislative provisions in question and their application in the light of the abovementioned principle. The Committee notes that the Government in its report indicates that, given the national elections, the necessary steps will be undertaken after the formation of the next Government. Firmly hoping that it will be able to note progress in the near future, the Committee reiterates its prior request to the Government and requests it to provide information in this respect.

Requisition of striking workers. The Committee takes note that, in response to the allegations by the ITUC that the Government may in grave situations issue a ministerial order on a wide range of sectors to requisition striking workers, the Government states that requisition is only possible if minimum services indispensable for the satisfaction of vital social needs are not complied with during a strike, an exceptional measure that is rarely applied. The Committee requests the Government to provide further information on the application in practice of this possibility, including examples as to when it has been resorted to.