Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Portugal (Ratification: 1967)

The Committee notes the observations from the General Confederation of Portuguese Workers (CGTP) and from the General Union of Workers (UGT), communicated with the Government’s report which refer to the issues already raised in the comments below.

Articles 1 and 2 of the Convention. Gender pay gap and occupational sex segregation. In its previous comments, the Committee requested the Government to take concrete measures to reduce the remuneration gap between men and women and to provide information on their impact. The Committee notes, in this respect, that the CGTP highlights the limited progress on differentials in the remuneration of men and women workers over recent years and indicates that the existing remuneration differential is due primarily to pay discrimination, occupational sex segregation in the labour market and part-time work. Furthermore, the Committee notes that the CGTP and the UGT indicate that pay bonuses and unilateral performance assessment regimes constitute a factor of discrimination against women workers because any absence, regardless of its cause, is recorded. This may include absences due to maternity leave and to family responsibilities. Concerning the adoption of measures to reduce the gender pay gap, the Committee notes the enactment of Resolution No. 13/2013 of 8 March of the Council of Ministers, establishing measures that promote and guarantee equality between men and women in the labour market, including the elimination of gender pay gaps and labour market segregation. Moreover, Resolution No. 18/2014 of 5 March of the Council of Ministers establishes a set of measures to reduce the gender pay gap, including the obligation for enterprises in the public sector and the recommendation for enterprises in the private sector with more than 25 employees, to draft a report on the remuneration received by women and men in order to identify and prevent unjustified differences in pay and to take measures to address these differentials. The Committee notes that the Government refers in this respect to the adoption of the V National Plan for Gender Equality, Citizenship and Non-Discrimination 2014–17, which includes strategic goals aimed at reducing gender inequalities in remuneration and provides for a periodic assessment of the evolution of remuneration differentials by gender.

The Government further refers to the report on remuneration disparities drafted by the Commission for Equality in Work and Employment (CITE) in 2013, according to which, in 2011 women received an average monthly basic wage that was 18 per cent lower than that received by men, and an average monthly remuneration that was 20.9 per cent lower than that of men. The higher the skill or education level, the greater the differential in favour of men. This was particularly notable in senior positions (72.2 per cent for average basic salary and 71.2 per cent for average remuneration). The gender pay gap was less marked for lower skilled categories, such as trainees and apprentices (5 per cent and 8.2 per cent for average basic wage and total remuneration, respectively). According to the same source, the gender pay gap declined slightly in 2013, to reach 17.9 per cent. The Government further indicates, in this respect, that the gender pay gap was larger in those sectors predominantly employing women and smaller in sectors predominantly employing men. The Committee requests the Government to indicate how it is ensured that workers are not discriminated against with respect to pay bonuses or in their performance assessment, due to their family responsibilities. It also requests the Government to continue to adopt specific measures to reduce the gender pay gap and address its causes, both in senior and lower-skilled positions. The Committee requests the Government, in particular, to take measures to increase the representation of women in middle and higher income levels, as well as in those jobs predominantly occupied by men. The Committee requests the Government to continue to provide information on any developments in this respect including on the implementation of Resolutions Nos 13/2013 and 18/2014 of the Council of Ministers and the number of enterprises in the public and private sectors that have reported the existence of pay differentials and the measures they have taken to address them, as well as on any measures taken to ensure that wages set in sectors predominantly employing women are not based on a gender-biased undervaluation of the work performed as well as on any measures included in the equality plans adopted at the enterprise level.

Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to continue to provide information on the results of the project “Revaluing work to promote equality” as well as the number of enterprises that have adopted the methodological guide in practice and the sectors covered. The Government indicates that a guide to applying job evaluation free from gender bias was produced, and that in 2011 and 2012, studies were published concerning the adaptation of the job evaluation method to different sectors, such as textile, clothing, and leather sectors. The Committee requests the Government to continue to provide information on the measures taken to promote and implement objective job evaluation methods in the private and public sectors, including the sectors concerned, the results achieved and whether this has led to any adjustments in pay. It requests the Government, in particular, to provide information on the number of job evaluation exercises carried out in those public or private enterprises that had reported pay differentials between men and women in accordance with Resolution No. 18/2014.

Austerity measures. In its previous comments, the Committee requested the Government to provide information concerning the impact of the austerity measures adopted to address the economic and financial crisis on equality and non-discrimination policies. The Committee notes that the Government indicates that, even though the gender pay gap has increased, this has been a consistent trend since 2002, and cannot be attributed to austerity policies. The Committee notes, however, that the Committee on the Elimination of Discrimination against Women, in its concluding observations of November 2015, expressed its concern at the detrimental and disproportionate impact on women in many spheres of life caused by the austerity measures, and at the fact that only a few studies and evaluations had been conducted to monitor the gender-specific effects of such measures (CEDAW/C/PRT/CO/8-9, 24 November 2015, paragraph 8). The Committee also notes that the CGTP refers to the wage cuts in the public sector, which employs primarily women (56 per cent), and to wage freezes, which mostly affect women (in 2013, 16.5 per cent of the employees earning the minimum wage were women and 8.7 per cent were men). The Committee requests the Government to indicate if the austerity measures are still in place and, if this is the case, to take measures to ensure that they have no impact on equality and non-discrimination policies and measures either being implemented or to be applied in the future, in particular with respect to differentials in remuneration and occupational job segregation.

Practical information. In its previous comments, the Committee requested the Government to continue to provide information on relevant opinions of the CITE and the activities carried out by both the CITE and the CIG for the promotion of the principle of equal remuneration for work of equal value. It also requested the Government to provide information on the enforcement activities of the labour inspection services relating to the application of the Convention. The Committee notes that the Government indicates that only four complaints of pay inequality were received during the period 2011–13, by the CITE and that it has not issued any opinions on this matter. The Government also indicates that awareness-raising activities on remuneration equality between men and women were carried out, such as the workshop “Wage Equality between Women and Men – An applied Experience” and information was disseminated in the media, in this regard. The Committee requests the Government to continue to provide information on the opinions issued and the activities carried out by the CITE as well as on any violation detected by the labour inspection services relating to the application of the Convention, including on the remedies provided and sanctions imposed.