Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Portugal (Ratification: 1981)

The Committee notes the observations of the General Workers’ Union (UGT), and the brief observation of the Confederation of Portuguese Industry (CIP), transmitted by the Government. It also notes that the International Organisation of Employers (IOE) supports the observations of the CIP.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes, that in its observations, the CIP indicates that improvements have been made to bring together the social partners and the Government through the holding of tripartite meetings. It also notes the observations of the UGT which indicate that, for Conventions which have been ratified or which are to be denounced, the consultation procedures are respected in a timely and appropriate manner. However, the UGT reiterates its previous observations on the procedure followed for the ratification of Conventions, which it considers to be long, complicated and lacking in transparency. The Committee notes the Government’s reply, which repeats that feasibility studies on the ratification of new Conventions are complex, as they involve the consultation of several ministerial departments, depending on the subjects addressed by the Conventions in question, that it is often necessary to assess the possibility of making the legislative amendments identified as being essential in the studies, and that this assessment varies depending on the content of the Convention. Moreover, the public administration often lacks the human resources needed to carry out feasibility studies rapidly. The Committee also notes the Government’s reply indicating that it has held consultations with the most representative employers’ and workers’ organizations on all of the matters listed in Article 5 of the Convention. The Government points out that a feasibility study on the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, is in progress. The Government adds, with regard to the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, that two consultations with the social partners concerning the Government’s reply to the questionnaire on the subject were held on 9 and 15 March 2017. The Committee also notes the fact that, in the context of the 106th Session of the International Labour Conference June 2017, the Government held an information session and a technical discussion with the social partners, with a view to determining the composition of the Government delegation during the Conference. Lastly, the Committee notes that on 13 June 2017, the Government held tripartite consultations on violence and harassment in the world of work, on which the first discussion will be held at the 107th Session of the Conference. The Committee requests the Government to provide detailed and up-to-date information on the content and outcome of all tripartite consultations held on each of the matters covered by Article 5(1) of the Convention. The Committee also reiterates its hope that progress will continue to be made with regard to tripartite consultations on international labour standards, as required by the Convention, and it requests the Government to continue to keep the Office informed of any developments.