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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on Conventions Nos 81 and 129.

Previous comment on Convention No. 150.

The Committee notes the observations of the General Confederation of Portuguese Workers-National Trade Unions (CGTP-IN) communicated with the Government’s report on the application of Convention No. 150.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. With reference to its previous comment, the Committee notes the Government’s indication that in 2022 and 2023, the Working Conditions Authority (ACT) has implemented new information systems. It notes that the Government does not provide further information on the impact that the information systems have had on reducing the time spent by labour inspectors on administrative tasks. The Committee once again requests the Government to provide information on the measures taken to reduce the time spent by labour inspectors on administrative duties, including the impact of the information systems on the reduction of time spent by labour inspectors on administrative tasks.

Article 3(1)(a) and (b), and (2) of Convention No. 81 and Article 6(1)(a) and (b), and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. In response to its previous comment, the Committee notes the information provided by the Government on the labour inspection activities undertaken with respect to undeclared work between 2019 and 2021, including: 14,846 inspection visits carried out covering 2,614 workers; 4,031 warnings issued; 5,807 enforcement procedures initiated; and fines imposed for a total of €8,960,197.20. It also notes with interest the Government’s indication concerning the regularization of the employment of 1,649 workers and the measures taken to guarantee their social security rights.

Moreover, it notes the information provided by the Government on the establishing, under section 26(1) of Law No. 13 of 2023, of a compulsory register of workers in agricultural enterprises with 10 or more workers, with a view to strengthening the monitoring of compliance with occupational safety and health (OSH) and social security rules. The Committee requests the Government to continue to provide information on the work of the labour inspectorate in relation to the regularization of undeclared work, including the number of workers whose employment status has been regularized, the violations found with respect to their conditions of work (wages, working time, OSH and social security), the measures taken for the restitution of their rights and the results achieved in this respect.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. Further to its previous comment, the Committee notes the Government’s indications that: (i) the training for the labour inspector career lasts one year and includes the duties and powers of labour inspectors, OSH conditions, occupational ethics and inspection methodologies, among others; (ii) labour inspectors receive training every year, based on a diagnosis of their needs; and (iii) between 2019 and May 2023, 4,555 labour inspectors received annual training comprising a significant number of hours on labour legislation and technical competencies based on the needs of each functional area of the ACT. The Committee takes note this information, which replies to its previous comment.

Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. Further to its previous comment, the Government notes the information provided by the Government on the increase in the number of labour inspectors from 346 inspectors in 2020 to 457 inspectors in 2022. The Committee also notes that the CGTP-IN alleges that: (i) the ACT has so far failed to ensure at least one occupational safety and health (OSH) technician per regional delegation; and (ii) as in the case of the labour inspection staff, the number of technical experts and specialists in the different areas is still insufficient and cannot meet the current needs of workplaces. In its reply, the Government indicates that: (i) according to the Statute of the General Labour Inspectorate, Decree-Law No. 102 of 2000, labour inspectors are responsible for the prevention and promotion of OSH matters (section 10); (ii) the ACT staff is characterized by having competencies in various domains such as law, engineering, humanities and economics; additionally, initial and continuous training is provided based on the priority areas of intervention including OSH; and (iii) a significant reinforcement of the ACT staff has been carried out, with a 20.5 per cent increase in inspectors in 2021 compared to the 2020 staff. The Committee requests the Government to continue to provide information on the measures taken to recruit a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate. It also requests the Government to continue to provide information on the measures taken to ensure that duly qualified technical specialists are associated in the work of labour inspection.

Article 11(1)(b) of Convention No. 81 and Article 15(1)(b) of Convention No. 129. Necessary transport facilities. With reference to its previous comment, the Committee notes the Government’s indication concerning the renewal of the ACT vehicle fleet in 2021 and 2022. It also notes that the Government did not provide information on the number of vehicles in good condition that are available to labour inspectors. The Committee requests the Government to continue to provide information on the measures taken to ensure the availability of the necessary transport facilities for labour inspectors. It also once again requests the Government to provide specific information on the number of vehicles in good condition at the disposal of labour inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the autonomous regions of the Azores and Madeira. Further to its previous comment, the Committee notes the 2019, 2020, 2021 and 2022 reports on labour inspection activities in the autonomous region of Madeira and the 2022 report on labour inspection activities in the autonomous region of Azores communicated by the Government. It notes that the reports contain information mainly on the number of inspection visits carried out, the number of violations detected, the administrative proceedings initiated and the sanctions imposed. It notes once again the absence of information in the labour inspection report of Madeira concerning any inspection activities undertaken with respect to agriculture. The Committee also notes that the Government indicates that the labour inspection reports are regularly published on the ACT website. The Committee once again requests the Government to take the necessary measures to ensure that the annual labour inspection reports contain information on all the subjects covered in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including those not covered in its last annual reports (labour inspectorate staff, statistics of workplaces liable to inspection and the number of workers employed therein and statistics of industrial accidents and occupational diseases).

Issues specifically concerning agriculture

Articles 6(1)(a) and (b) and 21 of Convention No. 129. Labour inspection activities in the agricultural sector. Further to its previous comments, the Committee notes the information provided by the Government on the labour inspection activities carried out in the agricultural sector, including 643 inspection visits carried out in 2020 covering 9,973 workers and 1,092 inspections in 2021 covering 15,801 workers; 465 enforcement procedures initiated in 2020 and 787 enforcement procedures in 2021; and fines totalling €586,051.78 imposed in 2020 and €1,252,255.5 in 2021.

Lastly, it notes the indications provided by the Government on the information campaigns carried out in the agricultural sector in 2015, 2016, 2017 and 2021 on the protection against undeclared work, the improvement of working conditions, including those of temporary workers; and the prevention of occupational risks in the use of machinery and work equipment. The Committee requests the Government to continue to provide information on the measures taken to ensure that agricultural enterprises are inspected with the frequency and thoroughness necessary to ensure the effective application of the relevant legal provisions, specifying the measures taken in this respect in relation to smaller enterprises.

Labour Administration Convention, 1978 (No. 150)

Articles 2, 5, 6(2)(c) and (d) of the Convention. Promotion by the labour administration of effective consultation and cooperation between public entities and employers’ and workers’ organizations and effective functioning of collective bargaining in the field of labour policy. In reply to its previous comment, the Committee notes the Government’s indications that several collective agreements have been signed within the Permanent Social Dialogue Committee (CPCS), which is responsible for promoting dialogue and tripartite concertation, including the 2018 agreement to combat labour precariousness, promote collective bargaining and reduce the individualization of labour relations (which lead to the implementation of amendments to the Labour Code limiting the use of fixed-term contracts and temporary work); the 2021 agreement on social dialogue and professional training; and the 2022 agreement on improving the minimum wage and promoting its setting through collective bargaining. It further notes the information provided by the Government on the number of collective bargaining agreements concluded from 2011 to 2022.

The Committee also notes that the CGTP-IN alleges that the consultations are largely a formality, that there is no room for constructive dialogue on the basis of the unions’ proposals and that there is no effective negotiation of labour policies, as they are often preconceived. The Committee requests the Government to provide its comments in this respect and to continue to provide information on the arrangements made to secure consultation, co-operation and negotiation between the labour administration authorities and the most representative organizations of employers and workers.

Article 6(1), (2)(a) and (b). Functions of the labour administration system with regard to employment. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of a number of laws which give effect to national labour policy, including Law No. 63 of 2013, which establishes mechanisms to combat the improper use of service contracts in subordinate employment relationships (section 4); Law No. 55 of 2017 on the recognition of the existence of an employment contract and the fight against undeclared work, including false internships and volunteers (section 1); and Law No. 13 of 2023, adopted within the framework of the Decent Work Agenda of the country, to combat the reduction of job insecurity (section 23(2)). It also notes the information provided by the Government concerning the provision of support measures as a means of overcoming unemployment, precarious work and job insecurity.

The Committee further notes that the CGTP-IN alleges that the measures adopted by the Government to combat precarious work are ineffective. The Committee requests the Government to continue to provide information on the laws and regulations giving effect to the national labour policy, which have been prepared and adopted within the ambit of the labour administration bodies, as well as on the means proposed to overcome issues relating to the situation of employed workers, such as undeclared work and precarious employment.

Article 10. Training and conditions of service of the staff of the labour administration system. Further to its previous comments, the Committee notes the information provided by the Government on the increase in the staff of the Institute for Employment and Vocational Training (IEFP), a labour administration body, through the procedures implemented under Law No. 112 of 2017 for the regularization of precarious employment in the public administration and the signing of public service employment contracts of indefinite duration; and the increase in the overall salaries of civil servants by virtue of Decree-Law No. 10-B of 2020, Decree-Law No. 10/2021, Decree-Law No. 109-A of 2021, Decree-Law No. 84-F of 2022 and the 2022 annual agreement signed between the Government and the unions.

It further notes the information provided by the Government on the training activities provided to the various labour administration bodies, inter alia, the Institute for Employment and Vocational Training, the Directorate-General for Employment and Labour Relations, the Institute for Social Security, as well as on the training areas including law and occupational safety and health.

The Committee also notes that the CGTP-IN alleges that the salaries of labour administration employees have been affected by inflation and that the Government’s reluctance to increase the number of labour administration staff has affected the quality and effectiveness of labour-related policies. The Committee requests the Government to provide its comments in this respect and to continue to provide information on the measures taken to ensure that the labour administration staff have the material means and the financial resources necessary for the effective performance of their duties.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the decision of the tripartite Committee set up to examine the representation submitted under article 24 of the ILO Constitution by the Trade Union of Labour Inspectors (SIT) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155).

The Committee notes the observations of the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN) communicated with the Government’s reports on the application of Conventions No. 81 and 129 and the reply of the Government.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. With reference to its previous comment, the Committee notes that the Government indicates that Decree Law No. 112 of 2001 establishing the career prospects (sections 3, 4, 5 and 6) and salary structure of labour inspectors (section 3(2) and its annex) has not yet been amended to ensure that the remuneration levels and career prospects of labour inspectors correspond to those of other officials with similar functions. It also notes that the Government does not provide information on the employment stability of labour inspectors. The Committee once again requests the Government to provide information on the employment stability of labour inspectors. Furthermore, it requests the Government to intensify its efforts to improve the conditions of service of labour inspectors, including any measures taken to ensure that their remuneration levels and career prospects correspond to those of other officials exercising similar functions. In addition, it requests the Government to provide detailed information on the salary and benefit structure of labour inspectors in comparison with those of other public officials performing similar functions (such as tax inspectors or police officers).

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. Further to its previous comment, the Committee notes the information provided by the Government on the labour inspection activities carried out from 2013 to 2021, including an increase in the number of labour inspection visits carried out and workers covered in 2021. It notes the number of violations identified, warnings issued and workplace suspensions ordered during this period. It also notes that the Government did not provide information on the number of inspections planned in relation to the number of inspections that are reactive to complaints or industrial accidents.

The Committee further recalls the previous observations of the General Workers’ Union and Confederation of Trade and Services of Portugal, which alleged that the Working Conditions Authority (ACT) focuses on prevention to the detriment of inspections and the application of sanctions, and observes that the Government did not provide any comments in response to these observations.

Moreover, the Committee notes that the CGTP-IN alleges that, although there was an increase in inspection visits in 2021, the number of inspections carried out remains insufficient, resulting in serious consequences for workers. In this regard, the Government states that increasing the overall number of inspection visits, with a view to promoting improved working conditions, has been one of the strategic objectives defined for planning ACT’s intervention, which is reflected in a greater number of inspections carried out. The Committee requests the Government to continue to provide information on the number of labour inspections carried out and workers covered. It also once again requests the Government to provide information on the number of planned inspections and the number of inspections in response to complaints or accidents, as well as on the nature and number of violations identified and the measures and sanctions imposed.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP) received with the Government’s report.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. The Committee notes that the Government reiterates, in its report in response to its previous request concerning additional duties entrusted to labour inspectors, that labour inspectors are not assigned any duties that are not related to their supervisory, sanctioning and advisory activities. The Government states that administrative tasks are not estimated to account for more than 20 per cent of the working time of inspectors. The Committee also takes note that, with the aim of improving the efficiency of the processes of the Working Conditions Authority (ACT), a project to renew its information system is in progress, and should be operational by mid-2020. In this regard, the Committee takes note that the General Worker’s Union (UGT) states that labour inspectors should focus on inspection activities and should no longer be required to carry out ancillary tasks due to the absence of adequate staff. The Committee notes that the Government indicates in this regard that a set of digitalization measures are envisaged in order to simplify inspection procedures for labour inspectors. The Committee also notes that a 2018 tripartite agreement includes measures to strengthen the information systems of the ACT. The Government indicates that this already includes use of the data contained in the Social Security Information System and in the Strategy and Planning Office of the Ministry of Labour, Solidarity and Social Security, and that steps are being taken to enable the ACT to access data contained in the information system of the Tax and Customs Authority. The Committee requests the Government to continue to provide information on the measures taken or envisaged to reduce the proportion of time spent by labour inspectors on administrative duties. In this respect, it requests the Government to provide information on the impact of the new information system in reducing the time spent on administrative tasks by labour inspectors.

Articles 3(1)(a) and (b) and (2) of Convention No. 81 and Articles 6(1)(a) and (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in response to its previous request concerning the enforcement of outstanding labour rights of undocumented migrant workers that the data on undeclared work is not disaggregated between migrant and non-migrant workers. In this regard, the Government indicates that there are no separate inspection procedures for migrant workers, who are therefore covered under the same terms as non-foreign workers. In this regard, the Committee notes the data provided by the Government on the overall number of undeclared workers detected and the number of regularized workers (1,077 undeclared workers detected in 2017 and 532 regularized). It also notes the information in the Annual Report of the ACT of 2017, on inspection action related to vulnerable groups of workers, that 231 inspections related to migrant workers were undertaken in 2017 (compared with 347 visits in 2016 and 532 visits in 2015). The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to regularizing undeclared workers. It also requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers that were detected in the course of inspections (including undocumented migrant workers) but not subsequently registered, including any specific instances in which the inspectorate undertook to assert the rights of unregistered workers to redress labour law violations and the results achieved.

Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 22(1) and 24 of Convention No. 129. Enforcement and advisory activities. The Committee notes the information of the Government on the advisory activities carried out by the ACT, including face-to-face and telephone assistance to workers and employers, seminars, trainings and electronic publications. It also notes the information provided concerning the enforcement activities of the ACT, including the issuance of 6,863 warnings, 23,029 compliance notices, and 8,665 violations for which penalties imposed (amounting to €17,272,018) in 2017, compared with 3,585 warnings, 18,609 compliance notices and 10,379 violations for which penalties were imposed (amounting to €15,750,500) in 2016. The Committee notes this information.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In response to its previous request concerning the training for labour inspectors, the Committee notes the Government’s indication that the ACT carries out a continuous training activity for inspectors, based on the needs of the services and the annual planning of activities (including activities on topics agreed with the representatives of workers’ and employers’ organizations). The Committee takes note that 260 labour inspectors attended training activities in 2016 as well as 146 in 2017. The Committee requests the Government to continue to provide information on the training activities for labour inspectors (including information on their frequency, length and content).

Article 11(1)(a) and (b) and (2) of Convention No. 81 and Article 15(1)(a)(b) and (2) of Convention No. 129. Suitably equipped offices and necessary transport facilities. In response to its previous request concerning office facilities and equipment for labour inspectors, the Committee notes the Government’s indication that, with the aim of promoting mobility and improving working conditions, the workplaces of all inspectors are supplied with computing devices such as a laptops and monitors. The Committee also notes the Government’s indication, in response to its request concerning vehicles, that inspectors are provided with vehicles that have their safety status checked, and that users are responsible for reporting any malfunctions. It further notes that the ACT also pays for public transport. The Committee requests the Government to continue to take measures to ensure the availability of the necessary transport facilities and to provide specific information on the number of vehicles in good condition that are available to labour inspectors.

Article 11(2) of Convention No. 81 and Article 15(2) of Convention No. 129. Reimbursement of incidental expenses. In response to its previous request concerning the legislation which governs the reimbursement of expenses incurred in the duties of labour inspectors, the Committee notes the Government’s indication that Decree-Law No. 106/98 provides for per diem subsistence and transport allowances for civil servants when they are employed in public service on national territory. The amount paid by way of per diem subsistence allowance is used to compensate the costs of meals and accommodation, as well as other work activities arising from the inspection service. These expenses are normally paid in the month following the month in which they were incurred, while all other required reimbursements, if justified, are paid as soon as possible. The Committee notes this information.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the autonomous regions of the Azores and Madeira. In response to its previous request concerning the information on the work of the inspection services in the autonomous regions of the Azores and Madeira, the Committee notes the 2016, 2017 and 2018 reports on labour inspection activities in the autonomous regions of the Azores and Madeira communicated by the Government. It notes an absence of information in the labour inspection report of Madeira concerning any inspection activities undertaken with respect to agriculture. The Committee once again requests the Government to continue its efforts to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is published and communicated to the ILO containing information on all the items listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning agriculture

Articles 6(1)(a) and (b) and 21 of Convention No. 129. Labour inspection activities in the agricultural sector. The Committee notes the observations made by the UGT that, despite the efforts made, inspection in the agricultural sector is still insufficient due to the large number of small businesses, many of them family businesses. In this regard, the Committee notes from the information provided in the Government’s annual reports the decrease in: (i) the number of inspections in the agricultural sector (from 945 in 2013 to 620 in 2017); (ii) the number of agricultural undertakings inspected (from 757 in 2013 to 460 in 2017); (iii) the number of workers covered (from 5,968 in 2013 to 3,509 in 2017); and (iv) the number of violations detected in the sector (from 575 in 2013 to 139 in 2017). The Committee requests the Government to provide information on the measures it is taking to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including specific measures aimed at smaller businesses.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) and the information in the 2018 report on the activities of the Working Conditions Authority (ACT). Moreover, the Committee notes the observations made by the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP), communicated with the Government’s report.

The Committee further notes the observations made by the UGT, and the Confederation of Trade and Services of Portugal (CCSP) received in 2020, communicated with the Government’s supplementary information. It notes that the UGT alleges that the ACT: (i) focuses on prevention at the expense of inspections and application of penalties; (ii) insufficiently coordinates its work with social partners; and (iii) issues its activity reports on inspections at irregular intervals and with many delays. The Committee asks the Government to provide its comments in this respect.

The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the Union of Labour Inspectors (SIT), alleging non-compliance by Portugal with the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 340th Session (October–November 2020), the Governing Body decided that it was receivable and to designate a tripartite committee for its examination (GB.340/INS/19/8, paragraph 5). The Committee notes that the allegations contained in the representation refer to Articles 7 and 10 of Convention No. 81, and 9 and 14 of Convention No. 129 concerning training and number of labour inspectors. In accordance with its usual practice, the Committee has decided to suspend its examination of these issues pending the decision of the Governing Body in respect of the representation.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information on the labour inspection measures taken by the Government in the context of the COVID-19 pandemic, including Decree No. 2-C/2020 of 17 April 2020, regulating the extension of the state of emergency decreed by the President of the Republic, which foresees strengthening the resources and powers of the ACT. The Committee also notes that CCSP indicates that a working group was established to monitor labour matters during the crisis arising from the COVID-19 pandemic, chaired by the Inspector General, with the participation of social partners, and that this group monitored the implementation of emergency measures and included a report on the inspections conducted by the ACT.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee takes note of the information provided by the Government in its report in response to the Committee’s previous request concerning overtime. It also takes note of the Government’s indication that the career of labour inspectors, as well as their development, is provided for in Decree-Law No. 112/2001, which establishes the legal framework and defines the structure of the inspection careers of the Public Administration. In addition to the base salary provided for in that Decree-Law, inspectors are also entitled to a supplement for the exercise of the inspection function amounting to 22.5 per cent of the base salary. The Committee notes the Government’s indication that pursuant to this Decree-Law, a new career and remuneration system will be implemented for labour inspectors. In this regard, the Committee takes note that the UGT indicates that it has opposed the worsening of working conditions for labour inspectors and their lack of career prospects (which prevents progression). The union further indicates that, in 2018, a tripartite agreement was signed called “Combating precariousness and reducing labour segmentation and promoting greater dynamism in collective bargaining”, which includes measures aimed at strengthening the conditions of service of the ACT. The UGT indicates that the agreement provides for measures to strengthen conditions of service at the ACT, the number of labour inspectors, the information systems of the ACT and mechanisms for hearing the views of the social partners. The Committee requests the Government to continue to provide information on measures taken to improve the conditions of service of labour inspectors, including the results obtained through the implementation of the 2018 tripartite agreement. In this respect, it requests information on the measures taken, including within the context of the new career and remuneration system, to ensure that the remuneration levels and career prospects for labour inspectors are commensurate with that of other public officials exercising similar functions. In addition, the Committee requests information on stability of employment for labour inspectors (excluding management positions), including information on the proportion of inspectors with two years, five years, and more than eight years on the job.

Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. In its previous comments, the Committee welcomed the Government’s indication that the ACT was in the process of recruiting 117 labour inspectors. It notes that in September 2019 and in May 2020, an additional 53 and 80 new inspectors were recruited respectively, raising the total number of labour inspectors to 417 by 2020 (compared with 359 inspectors in 2012). The Committee also notes the Government’s indication that, in addition to labour inspectors, the ACT has a total of 505 support staff (as compared to 514 in 2016) and that a number of competitions have been opened for the recruitment of senior technicians. In this regard, the Committee takes note that the CGTP–IN states that both the number of labour inspectors and support staff are still insufficient to ensure the effective exercise of the functions of the inspection service. The CGTP–IN also indicates that the ACT does not ensure the presence of at least one occupational safety and health technician in each regional office. The Committee welcomes the Government’s efforts to ensure the recruitment of a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate, and requests it to continue to provide information on any further measures taken in this respect. It also requests the Government to continue to provide information on the training or other measures taken to facilitate the rapid integration of these new inspectors. Lastly, it requests the Government to provide information on the measures taken to ensure that duly qualified technical specialists are associated with the work of inspection.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. In response to its previous request concerning an inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits, the Committee notes the Government’s indication that the definition of inspection priorities is based on: (i) the monitoring of undertakings where accidents at work have occurred or occupational diseases have been detected; and (ii) consideration of the number of workers potentially covered by the situations considered to be the most serious for their safety or physical and mental health. The Government indicates that the new information system will contribute to a more efficient and effective planning of the inspection action. The Government states that, in this process, the employers’ and workers’ organizations represented on the ACT’s Consultative Board are consulted, having agreed on the Iberian Campaign for the Prevention of Accidents at Work (2016–18) and the National Campaign for Safety and Health for Temporary Workers (2016–18).

The Committee notes that the CGTP–IN asserts that the number of inspection visits has decreased dramatically over the years, as well as the number of workplaces visited and the number of workers covered. In this regard, the Committee notes the substantial decrease in the number of inspections (from 90,758 in 2011 to 37,482 in 2017), the number of undertakings inspected (from 80,159 in 2011 to 24,584 in 2017) and the number of workers covered (from 609,343 in 2011 to 317,838 in 2017). However, it also notes that over the same period, the number of violations detected increased from 17,607 in 2011 to 24,352 in 2017. In this regard, the Committee notes that the Government indicates that in 2013, there was a change in the statistical criteria for collecting information on the number of inspection visits and workplaces visited to avoid inflating the data by counting a visit to the same workplace that covered different subjects as a new visit. The Government further states that the data on the outcome of inspection visits indicate that there have been no significant changes in the number of penalties applied. The Committee notes, in addition, that according to the information in the 2018 report on the activities of the ACT, there has been increase from 2017 to 2018 in the number of inspections (38,287 in 2018), number of undertakings inspected (25,200), workers covered by inspections (399,836) and violations detected (26,465). Recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on developments related to the overall number of labour inspections undertaken and workers covered. In this respect, the Committee requests the Government to continue to provide information on the number of inspections that are planned versus the number that are reactive to complaints or accidents; the average or normal duration of planned versus reactive inspections; and the nature and number of violations identified and sanctions pursued for each type of inspection.

The Committee is raising other matters in a request addressed directly to the Government which reiterates the content of its previous request adopted in 2019.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP) received with the Government’s report.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. The Committee notes that the Government reiterates, in its report in response to its previous request concerning additional duties entrusted to labour inspectors, that labour inspectors are not assigned any duties that are not related to their supervisory, sanctioning and advisory activities. The Government states that administrative tasks are not estimated to account for more than 20 per cent of the working time of inspectors. The Committee also takes note that, with the aim of improving the efficiency of the processes of the Working Conditions Authority (ACT), a project to renew its information system is in progress, and should be operational by mid-2020. In this regard, the Committee takes note that the General Worker’s union (UGT) states that labour inspectors should focus on inspection activities and should no longer be required to carry out ancillary tasks due to the absence of adequate staff. The Committee notes that the Government indicates in this regard that a set of digitalization measures are envisaged in order to simply the inspection procedures for labour inspectors. The Committee also notes that a 2018 tripartite agreement includes measures to strengthen the information systems of the ACT. The Government indicates that this already includes use of the data contained in the Social Security Information System and in the Strategy and Planning Office of the Ministry of Labour, Solidarity and Social Security, and that steps are being taken to enable the ACT to access data contained in the information system of the Tax and Customs Authority. The Committee requests the Government to continue to provide information on the measures taken or envisaged to reduce the proportion of time spent by labour inspectors on administrative duties. In this respect, it requests the Government to provide information on the impact of the new information system in reducing the time spent on administrative tasks by labour inspectors.

Articles 3(1)(a) and (b) and (2) of Convention No. 81 and Articles 6(1)(a) and (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. The Committee notes the Government’s indication, in response to its previous request concerning the enforcement of outstanding labour rights of undocumented migrant workers that the data on undeclared work is not disaggregated between migrant and non-migrant workers. In this regard, the Government indicates that there are no separate inspection procedures for migrant workers, who are therefore covered under the same terms as non-foreign workers. In this regard, the Committee notes the data provided by the Government on the overall number of undeclared workers detected and the number of regularized workers (1,077 undeclared workers detected in 2017 and 532 regularized). It also notes the information in the Annual Report of the ACT of 2017, on inspection action related to vulnerable groups of workers, that 231 inspections related to migrant workers were undertaken in 2017 (compared with 347 visits in 2016 and 532 visits in 2015). The Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to regularizing undeclared workers. It also requests the Government to provide information on the action taken by the labour inspectorate with respect to the rights of those unregistered workers that were detected in the course of inspections (including undocumented migrant workers) but not subsequently registered, including any specific instances in which the inspectorate undertook to assert the rights of unregistered workers to redress labour law violations and the results achieved.

Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 22(1) and 24 of Convention No. 129. Enforcement and advisory activities. The Committee notes the information of the Government on the advisory activities carried out by the ACT, including face-to-face and telephone assistance to workers and employers, seminars, trainings and electronic publications. It also notes the information provided concerning the enforcement activities of the ACT, including the issuance of 6,863 warnings, 23,029 compliance notices, and 8,665 violations for which penalties imposed (amounting to €17,272,018) in 2017, compared with 3,585 warnings, 18,609 compliance notices and 10,379 violations for which penalties were imposed (amounting to €15,750,500) in 2016. The Committee notes this information.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In response to its previous request concerning the training for labour inspectors, the Committee notes the Government’s indication that the ACT carries out a continuous training activity for inspectors, based on the needs of the services and the annual planning of activities (including activities on topics agreed with the representatives of workers’ and employers’ organizations). The Committee takes note that 260 labour inspectors attended training activities in 2016 as well as 146 in 2017. The Committee requests the Government to continue to provide information on the training activities for labour inspectors (including information on their frequency, length and content).

Article 11(1)(a) and (b) and (2) of Convention No. 81 and Article 15(1)(a)(b) and (2) of Convention No. 129. Suitably equipped offices and necessary transport facilities. In response to its previous request concerning office facilities and equipment for labour inspectors, the Committee notes the Government’s indication that, with the aim of promoting mobility and improving working conditions, the workplaces of all inspectors are supplied with computing devices such as a laptops and monitors. The Committee also notes the Government’s indication, in response to its request concerning vehicles, that inspectors are provided with vehicles that have their safety status checked, and that users are responsible for reporting any malfunctions. It further notes that the ACT also pays for public transport. The Committee requests the Government to continue to take measures to ensure the availability of the necessary transport facilities and to provide specific information on the number of vehicles in good condition that are available to labour inspectors.

Article 11(2) of Convention No. 81 and Article 15(2) of Convention No. 129. Reimbursement of incidental expenses. In response to its previous request concerning the legislation which governs the reimbursement of expenses incurred in the duties of labour inspectors, the Committee notes the Government’s indication that Decree-Law No. 106/98 provides for per diem subsistence and transport allowances for civil servants when they are employed in public service on national territory. The amount paid by way of per diem subsistence allowance is used to compensate the costs of meals and accommodation, as well as other work activities arising from the inspection service. These expenses are normally paid in the month following the month in which they were incurred, while all other required reimbursements, if justified, are paid as soon as possible. The Committee notes this information.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the autonomous regions of the Azores and Madeira. In response to its previous request concerning the information on the work of the inspection services in the autonomous regions of the Azores and Madeira, the Committee notes the 2016, 2017 and 2018 reports on labour inspection activities in the autonomous regions of the Azores and Madeira communicated by the Government. It notes an absence of information in the labour inspection report of Madeira concerning any inspection activities undertaken with respect to agriculture. The Committee once again requests the Government to continue its efforts to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is published and communicated to the ILO containing information on all the items listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Articles 6(1)(a) and (b) and 21 of Convention No. 129. Labour inspection activities in the agricultural sector. The Committee notes the observations made by the UGT that, despite the efforts made, inspection in the agricultural sector is still insufficient due to the large number of small businesses, many of them family businesses. In this regard, the Committee notes from the information provided in the Government’s annual reports the decrease in: (i) the number of inspections in the agricultural sector (from 945 in 2013 to 620 in 2017); (ii) the number of agricultural undertakings inspected (from 757 in 2013 to 460 in 2017); (iii) the number of workers covered (from 5,968 in 2013 to 3,509 in 2017); and (iv) the number of violations detected in the sector (from 575 in 2013 to 139 in 2017). The Committee requests the Government to provide information on the measures it is taking to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including specific measures aimed at smaller businesses.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations made by the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), the General Workers’ Union (UGT) and the Confederation of Portuguese Business (CIP), communicated with the Government’s report.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee takes note of the information provided by the Government in its report in response to the Committee’s previous request concerning overtime. It also takes note of the Government’s indication that the career of labour inspectors, as well as their development, is provided for in Decree-Law No. 112/2001, which establishes the legal framework and defines the structure of the inspection careers of the Public Administration. In addition to the base salary provided for in that Decree-Law, inspectors are also entitled to a supplement for the exercise of the inspection function amounting to 22.5 per cent of the base salary. The Committee notes the Government’s indication that pursuant to this Decree-Law, a new career and remuneration system will be implemented for labour inspectors. In this regard, the Committee takes note that the UGT indicates that it has opposed the worsening of working conditions for labour inspectors and their lack of career prospects (which prevents progression). The union further indicates that, in 2018, a tripartite agreement was signed called “Combating precariousness and reducing labour segmentation and promoting greater dynamism in collective bargaining”, which includes measures aimed at strengthening the conditions of service of the Working Conditions Authority (ACT). The UGT indicates that the agreement provides for measures to strengthen conditions of service at the ACT, the number of labour inspectors, the information systems of the ACT and mechanisms for hearing the views of the social partners. The Committee requests the Government to continue to provide information on measures taken to improve the conditions of service of labour inspectors, including the results obtained through the implementation of the 2018 tripartite agreement. In this respect, it requests information on the measures taken, including within the context of the new career and remuneration system, to ensure that the remuneration levels and career prospects for labour inspectors are commensurate with that of other public officials exercising similar functions. In addition, the Committee requests information on stability of employment for labour inspectors (excluding management positions), including information on the proportion of inspectors with two years, five years, and more than eight years on the job.

Articles 9 and 10 of Convention No. 81 and Articles 11 and 14 of Convention No. 129. Technical experts and sufficient number of labour inspectors. In its previous comments, the Committee welcomed the Government’s indication that the ACT was in the process of recruiting 117 labour inspectors. The Committee takes note of the Government’s indication that 117 labour inspectors mentioned previously are still in the process of being recruited and that the total number of labour inspectors has decreased from 314 in 2016 to 303 in 2017 (compared with 359 inspectors in 2012). It further notes the information available on the website of the Government that in September 2019, an additional 53 new inspectors were recruited, and that an additional 80 inspectors were scheduled to be recruited by the end of 2019. The Committee also notes the Government’s indication that, in addition to the labour inspectors, the ACT has a total of 505 support staff (as compared to 514 in 2016) and that a number of competitions have been opened for the recruitment of senior technicians. In this regard, the Committee takes note that the CGTP–IN states that both the number of labour inspectors and support staff are still insufficient to ensure the effective exercise of the functions of the inspection service. The CGTP–IN also indicates that the ACT does not ensure the presence of at least one occupational safety and health technician in each regional office. The Committee urges the Government to pursue its efforts to ensure the recruitment of a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate. It requests the Government to continue to provide information on the progress made in this respect and any training or other measures taken to facilitate the rapid integration of these new inspectors. Lastly, it requests the Government to provide information on the measures taken to ensure that duly qualified technical specialists are associated with the work of inspection.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. In response to its previous request concerning an inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits, the Committee notes the Government’s indication that the definition of inspection priorities is based on: (i) the monitoring of undertakings where accidents at work have occurred or occupational diseases have been detected; and (ii) consideration of the number of workers potentially covered by the situations considered to be the most serious for their safety or physical and mental health. The Government indicates that the new information system will contribute to a more efficient and effective planning of the inspection action. The Government states that, in this process, the employers’ and workers’ organizations represented on the ACT’s Consultative Board are consulted, having agreed on the Iberian Campaign for the Prevention of Accidents at Work (2016–18) and the National Campaign for Safety and Health for Temporary Workers (2016–18).

The Committee notes that the CGTP–IN asserts that the number of inspection visits has decreased dramatically over the years, as well as the number of workplaces visited and the number of workers covered. In this regard, the Committee notes the substantial decrease in the number of inspections (from 90,758 in 2011 to 37,482 in 2017), the number of undertakings inspected (from 80,159 in 2011 to 24,584 in 2017) and the number of workers covered (from 609,343 in 2011 to 317,838 in 2017). However, it also notes that over the same period, the number of violations detected increased from 17,607 in 2011 to 24,352 in 2017. In this regard, the Committee notes that the Government indicates that in 2013, there was a change in the statistical criteria for collecting information on the number of inspection visits and workplaces visited to avoid inflating the data by counting a visit to the same workplace that covered different subjects as a new visit. The Government further states that the data on the outcome of inspection visits indicate that there have been no significant changes in the number of penalties applied. Noting these indications, and recalling the importance of ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to provide further information on the reasons for the decrease in the overall number of labour inspections undertaken and workers covered. In this respect, the Committee requests the Government to continue to provide information on the number of inspections that are planned versus the number that are reactive to complaints or accidents; the average or normal duration of planned versus reactive inspections; and the nature and number of violations identified and sanctions pursued for each type of inspection.

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

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the observations made by the Trade Union Association of Civil Servants of the Authority for Food and Economic Security (ASF–ASAE) received on 5 January 2016 and on 19 April 2017, concerning the status, conditions of service and work of market surveillance and food inspectors, who do not assume labour inspection functions within the meaning of the Convention.

Articles 3(1)(a) and (b) and (2) of Convention No. 81 and Articles 6(1)(a) and (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work. The Committee notes that pursuant to section 566 of the Labour Code, employers may only be “eligible” for the minimum fine under the Code where they settle any outstanding obligations towards workers. Noting the statistical information provided by the Government on cases concerning the payment of outstanding wages and social security benefits, the Committee requests the Government to provide relevant information on the enforcement of outstanding labour rights of undocumented foreign workers.

Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 22(1) and 24 of Convention No. 129. Distribution of inspection activities between advice and enforcement. The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) alleging that preference is given to preventive activities over control activities. In this respect, the Committee notes the Government’s indication that there has been no decrease in the number of labour inspections devoted solely to controlling compliance, and that monitoring and control have not been made secondary to information and awareness raising. The Government adds that the decrease in the number of labour inspections resulting in enforcement measures from 2014 to 2015 was due to a commitment of the Working Condition Authority (ACT) to the greater use of “non-coercive” measures (that is, information and advice, warnings, and notifications to take action). Noting the Government’s indication that the decrease in non-coercive measures was only temporary, the Committee requests the Government to provide information on how it is ensured that an appropriate balance is struck between the advisory functions of labour inspection, and its enforcement functions as part of a comprehensive compliance strategy.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. The Committee notes that the report of the tripartite committee set up to examine the representation alleging non-observance by Portugal of Convention No. 81, Convention No. 129, and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT) adopted by the Governing Body at its 324th Session (June 2015) observed that the strategy paper of the ACT had identified the continuous adaptation of competencies in the context of change as one of the weaknesses of the ACT. In this respect, the Committee notes that the Government provides statistical information on the training provided to labour inspectors in 2013, 2014 and 2015 (including information on the subject matters, length and number of participants of training), and indicates that the training of labour inspectors includes innovative subjects, without providing further information, as requested by the tripartite committee, on any difficulties in this respect. The Committee requests the Government to indicate how the training provided has contributed to the continuous adaptation of competencies of labour inspectors and to provide information on the discussions undertaken with the social partners on the specific training needs of labour inspectors in light of current realities and labour market developments.

Article 11(1)(b) and (2) of Convention No. 81 and Article 15(1)(b) and (2) of Convention No. 129. Mechanisms to ensure the mobility and physical safety of labour inspectors. The Committee notes that the tripartite committee considered that the arrangements in the central and decentralized offices in principle ensured sufficient mobility for labour inspectors to carry out their duties. However, the tripartite committee also noted the allegations made by the SIT concerning the unsafe conditions of transport vehicles. The Committee requests the Government, in line with the tripartite committee, to take measures to ensure the physical safety of labour inspectors (such as the purchase of new vehicles or the regular maintenance of existing vehicles).

Article 11(2) of Convention No. 81 and Article 15(2) of Convention No. 129. Reimbursement of incidental expenses. The Committee notes that the tripartite committee observed the allegations made by the SIT that, in certain remote units of the ACT, expenses for inspection-related travel, such as parking costs, are not reimbursed. In this respect, the Committee notes the indications of the Government that all expenses incurred by labour inspectors in the discharge of their functions are reimbursed upon submission of a request and supporting documentation. The Government adds that the administrative procedure for reimbursement is standardized (inspectors must fill out a form and attach the corresponding bills or receipts) and governed by specific legislation. The Committee requests the Government to provide information on the legislation referred to by the Government, which governs the reimbursement of expenses incurred in the duties of labour inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Labour inspection statistics on the work of the labour inspection services in the Autonomous Regions of Madeira and the Azores. The Committee notes that the Government has communicated some statistical data in its 2013 and 2016 reports on labour inspection activities in the Autonomous Regions of Madeira and the Azores. Concerning agriculture, the Committee notes that while some statistics have been provided in relation to such activities in the Azores, no relevant information was provided in relation to Madeira. The Committee requests the Government to continue its efforts to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is published and communicated to the ILO, preferably reflected in a separate part of the general labour inspection annual report, containing information on all the items listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning agriculture

Articles 6(1)(a) and (b), 22, 23 and 24 of Convention No. 129. Labour inspection activities in the agricultural sector. Following its previous comment, the Committee notes that the agricultural sector continues to have a high rate of fatal occupational accidents and that a safety and health campaign in agriculture, animal production and forestry was therefore launched in 2012. The Committee requests the Government to refer in this regard to its comments under the Safety and Health in Agriculture Convention, 2001 (No. 184), in this regard.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

The Committee notes the observations made by the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT) received with the Government’s reports.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes the report of the committee set up to examine the representation alleging non-observance by Portugal of these Conventions, and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT), adopted by the Governing Body at its 324th Session (June 2015).

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Duties entrusted to labour inspectors. The Committee notes the Government’s indications, in reply to the request of the tripartite committee, on the decrease in the administrative support staff of the Working Conditions Authority (ACT), that any administrative tasks assumed by labour inspectors are only those related to their primary functions (such as entering information into the ACT database), and are not estimated to account for more than 20 per cent of the working time of labour inspectors. On the other hand, the Committee notes the observations made by the UGT that labour inspectors should not be forced to carry out ancillary tasks in the absence of sufficient support staff. The Committee observes that the Government does not provide further information concerning the allegations made by the SIT in the context of the article 24 representation that labour inspectors are assigned logistical and maintenance tasks (visiting auto repair shops, repairing facilities, transporting equipment, photocopying, etc.). The Committee requests the Government to provide information on the measures it had indicated in the context of the representation that it would take, to rationalize resources and simplify administrative procedures. The Committee also requests the Government, in line with the tripartite committee, to provide specific information, where applicable, on the proportion of time spent by labour inspectors on logistical and maintenance tasks in relation to the primary functions of labour inspection as outlined by Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that the tripartite committee observed that the wages of labour inspectors were significantly lower than those of certain other types of inspectors covered by Legislative Decree No. 170/2009 (such as inspectors in the General Inspectorate for Finance) and that the strategy paper of the ACT for 2013–15 had identified the demotivation of labour inspectors in view of the lack of adequate incentives as a weakness of the ACT. The Committee requests the Government, in line with the tripartite committee, to take measures to ensure that the remuneration levels for labour inspectors is commensurate with that of other inspectors exercising similar functions. It further requests the Government, in line with the tripartite committee, to take measures to ensure that labour inspectors enjoy career prospects that take into account their merit, experience and levels of responsibility and to discuss this matter with the social partners. The Committee requests the Government to provide information on progress made on these matters.

Overtime. The Committee notes that the Government, in reply to the tripartite committee’s conclusions on the necessity for labour inspectors to have regular and sufficient time off work, indicates that the financial and economic crisis had led to the need for labour inspectors to carry out paid overtime, but that requests for urgent interventions have now decreased. The Committee requests the Government to provide information on the amount of overtime currently being worked by inspectors.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Sufficient number of labour inspectors. The Committee observes that the tripartite committee noted that the strategy paper of the ACT stated that the shortage of human resources had been recognized as one of the weaknesses of the ACT; and that the tripartite committee observed that the workload of labour inspectors had increased as a result of the financial and economic crisis. The Committee also notes the observations made by the CGTP–IN and the UGT on the insufficient number of labour inspectors and other support staff which, according to the trade unions, has been significantly decreasing since 2011 as retired staff have not been replaced. In this respect, the Committee welcomes the Government’s indication that the ACT is in the process of recruiting 117 labour inspectors, in addition to the 314 labour inspectors currently working at the ACT. Recalling that the tripartite committee requested the Government to maintain a sufficient number of labour inspectors to ensure the effective exercise of inspection duties, the Committee requests the Government to provide information on the progress made with the recruitment of the labour inspectors referred to by the Government and any training or other measures taken to facilitate the rapid integration of these recruited inspectors in light of current realities and labour market developments.

Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Office facilities and equipment. The Committee notes that the tripartite committee observed from the strategy paper of the ACT that the inadequacy of the material resources had been recognized as one of the weaknesses of the ACT. The Committee also notes the observations made by the UGT concerning budgetary restrictions of the ACT. In this respect, the Committee notes the Government’s reference to ongoing efforts to improve the facilities of the decentralized labour inspection offices (ten of the 32 decentralized offices have been given new facilities), which had previously been noted by the tripartite committee. The Committee also notes the Government’s indication that the modernization of work equipment is a constant goal of the ACT, for which ongoing investments are being made. The Committee requests the Government to continue to take the necessary measures to ensure that all labour inspection services at the central and decentralized levels are adapted to the needs of the service, and to provide further details on any measures taken to improve the current situation.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Adequate frequency and thoroughness of inspections to secure compliance. The Committee observes that the tripartite committee noted a decrease in the number of workplaces covered by inspections. In this respect, the Committee notes from the statistical information provided by the Government and by the ACT on its website that the number of workplaces covered by labour inspections increased between 2013 and 2016 (from 29,539 in 2013, to 36,076 in 2016). Welcoming the positive trend in the number of workplaces covered by labour inspections, the Committee requests the Government to continue to ensure that a sufficient number of inspections of adequate thoroughness are undertaken. In this respect, it also requests the Government to provide information on the inspection strategy pursued to achieve a satisfactory coverage of workplaces by sufficiently thorough labour inspection visits (such as inspections targeted at workplaces with a high rate of occupational accidents and diseases and any criteria and time frame for follow-up visits).

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report in reply to its previous comments.

It notes that a representation made under article 24 of the Constitution of the ILO was presented to the Governing Body by the Union of Labour Inspectors (SIT) (document GB.319/INS/15/6) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 319th Session (October 2013), the Governing Body decided that the representation was receivable and appointed a tripartite committee to examine it.

In accordance with its usual practice, the Committee has decided to postpone its examination of the application of this Convention pending the decision of the Governing Body in respect of the representation. The Committee will therefore examine the information supplied by the Government in its report in the light of the decisions adopted in due course by the Governing Body in the framework of the representation.

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

Articles 9 and 10 of the Convention. Cooperation between technical experts and specialists and inspectorate staff. The Government indicates that with the renewal of the inspectorate staff, 150 trainees joined the service on 11 May 2009, their initial training having begun that year. The total number of inspectors therefore stood at 253 at the end of 2009. In the course of 2010, 148 new inspectors took up duty and the Authority for Conditions of Work (ACT) had 384 inspectors at the end of 2010. The Committee asks the Government to continue to provide information on the number of inspectors currently in service (indicating their geographical distribution), the number of trainee inspectors, and the number of technical experts and specialists cooperating with the inspection services with particulars of their specializations and, if possible, their geographical distribution.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes the information on the labour inspectorate of the autonomous region of Madeira, including particulars of the number of inspection visits, the number of inspectors involved in them, the number of infringements reported, the amount of the fines imposed and the number of inquiries into fatal accidents. The Committee would be grateful if the Government would take the necessary steps to ensure that information on the work of the inspection services in the autonomous regions of the Azores and Madeira is reflected in a separate part of the general labour inspection annual report, containing information on all the items listed in Article 21. It requests the Government to ensure that this report is published and regularly communicated to the ILO within the period prescribed in Article 20.

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

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.

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

With reference to its observation, the Committee requests the Government to supply information on the following points.

Article 21(a)–(g) of the Convention. Content of the annual general report. The Committee notes the numerous legislative texts adopted in 2007 and 2009 concerning the structure and operation of the Authority for Conditions of Work (ACT).

It also notes the detailed information contained in the report of the ACT and also in the regional report for the Azores for 2008. The general report indicates that, during 2008, a total of 71,442 inspections were conducted in 62,477 workplaces. Moreover, the ACT also provided technical advice in 65,169 cases and responded to 16,675 requests for inspection. As regards the Azores, the Committee notes that 2,082 inspections were conducted, of which 433 related in particular to occupational safety and health. The sector subject to the most surveillance is civil engineering, with 424 inspections conducted, compared with 299 in commerce, 148 in the catering sector, 75 in the cleaning services sector, and 60 in the sphere of office work.

With regard to action by the inspectorate in Madeira, the Committee notes the Government’s indication that the report concerning this region will be sent in due course. The Committee requests the Government to continue to supply detailed statistics on the inspection activities of the ACT for mainland Portugal and also for the regions of the Azores and Madeira.

Moreover, as regards the impact of the restructuring of the inspection services within the ACT, the Committee notes the Government’s indication that this cannot be evaluated at present because of a lack of available information. The Committee requests the Government to keep the Office informed of any developments in this area and to supply information on the impact of the restructuring of the inspection services within the ACT as soon as this is available.

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

Articles 3(1)(a) and (b), 17 and 18, of the Convention. Distribution of inspection activities between the objectives of prevention and enforcement. Further to its previous comment concerning the observations made by the Confederation of Portuguese Industry (CIP), the Confederation of Trade and Services of Portugal (CCSP), the Portuguese Confederation of Tourism (CTP), the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union  (UGT) concerning the priorities to be given to labour inspection activities, the Committee notes the Government’s indication to the effect that a project for the creation and development of a new website was launched on 12 May 2008. This new site for the Authority for Conditions of Work (ACT) includes the preparation of new explanatory files and the restructuring of the format. In a communication received on 14 September 2009, the UGT repeats its observations and indicates that combating fraud and violations of the legislation must be a priority and the inspection services must be reinforced accordingly. The Committee requests the Government to send any comments that it may wish to make in reply to the observations from the UGT and to supply any relevant information concerning the development of the abovementioned website.

Article 5(a). Effective cooperation between the inspection services and other government services. The Committee notes with interest the indication to the effect that as regards effective cooperation between the inspection services and other government services and, in particular, judicial bodies, the courts inform the ACT of the judgments and other decisions that they issue. In this respect, the Committee notes the numerous court decisions attached to the Government’s report. Some decisions are analysed by the ACT services with a view to a possible review not only of the evaluation criteria used in cases of infringement but also of the inspection procedures themselves. The law enables the courts to have recourse to the ACT when they consider that to be useful for resolving a matter and taking an appropriate decision, and a member of the labour inspection staff may attend hearings in this context. In this regard, Act No. 101 of 12 May 2009 approving the procedure applicable to employment relations and social security strengthens the participation of the ACT in judicial procedures. The Committee requests the Government to continue to supply copies of relevant court decisions as well as any information concerning the strengthening of effective cooperation between the inspection services and other government services, in particular, the judicial bodies.

Article 7. Strengthening the inspection services. Adequate training. In its abovementioned communication the CIP indicates that the ACT should focus on education and information rather than enforcement. As regards strengthening the inspection services, particularly through training, the Committee notes that in 2007 the ACT established 32 programmes of further vocational training. Two training courses were concerned with the computerized system for registering labour inspection activities, another training course was concerned with digital tachographs in road transport, and 13 courses were concerned with occupational safety and health. The remaining courses mainly dealt with machinery and equipment (4), manual handling of loads (4), safety in the construction industry (3), road transport (4) and the prevention of electrical risks. In 2008, a total of 46 programmes were established, including six on the computerized system for the registration of labour inspection activities, four on road transport, two on the participation of minors in performances and other artistic activities, four on temporary work and four on occupational safety and health in agriculture and forestry. The remaining courses mainly dealt with the manual handling of loads (7), machinery and equipment (3), undeclared work and other forms of illegal work (4), exposure to asbestos at work (4), physical hazards (4) and chemical hazards (4). The Committee requests the Government to continue to supply information on any measure or initiative for strengthening the inspection services. It also requests the Government to indicate the impact, if any, of the training given on inspectors’ working methods and their capacity for detecting infringements of the labour legislation.

Articles 10 and 16. Numbers of inspection staff and inspection visits. The Committee notes the new observations made by the CIP and UGT concerning numbers of inspection staff and inspection visits. The CIP indicates that, according to the information available on this subject, the number of inspections increased between 2003 and 2007 (from 40,083 to 60,989) and then decreased between 2007 and 2008 (from 65,284 to 60,989). The number of fatal and non‑fatal industrial accidents also decreased. The UGT reiterates that the inspection services must be reinforced in order to make them more effective. During the tripartite discussions which took place concerning a new system of labour relations, the UGT indicated its wish to see the commitment to strengthen the effectiveness of the labour legislation made a reality, declaring that the making of this commitment was an essential prerequisite for the conclusion of any agreement. The union emphasizes that the Government has kept its promise to boost staff numbers by employing a total of 400 inspectors by the end of 2009 and guaranteeing an increase in the future in order to maintain staffing levels, as well as undertaking to increase the number of technicians and/or administrative staff by recruiting at least 50 persons per year in 2009, 2010 and 2011. The UGT hopes that the expected staff recruitment will indeed take place in line with the agreement concluded. In this respect the Committee notes the information supplied by the Government to the effect that, as at 31 December 2008, the ACT comprised 311 labour inspectors, including 39 with managerial and supervisory duties and eight performing their work within other structures. A notice of 19 July 2007 announced the opening of an external competition for entry to occupational training with a view to taking up a post as labour inspector. Accordingly, 150 trainees were admitted to the inspectorate on 11 May 2009, thereby increasing the number of serving inspectors. The Committee requests the Government to continue to supply information on any measure or initiative taken with a view to strengthening the numbers of labour inspectors. It also requests the Government to supply up-to-date information on the number of inspectors, trainees, technicians and administrative staff currently in service.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Also referring to its observation, the Committee requests the Government to supply further information on the following points.

Further to its previous comments, the Committee notes the additional information supplied by the Government with regard to the division of the IDICT (Institute for the Development and Inspection of Conditions of Work) into two bodies: the General Labour Inspectorate (IGT) and the Institute for Occupational Safety, Hygiene and Health (ISHST). It notes that the IGT is the service which enforces the legislation concerning conditions of work, employment, unemployment and the collection of social security contributions. It also notes that the ISHST is the central authority responsible for the implementation of occupational health, safety and welfare policies at national level and has administrative and financial independence. Also noting that Legislative Decree No. 211/2006 amending the Organic Act of the Ministry of Labour and Social Solidarity has established the Authority for Conditions of Work (ACT), which is the umbrella organization for the IGT and ISHST, the Committee would be grateful if the Government would supply information on the impact of this restructuring on the working of the labour inspectorate.

With reference to its previous comments, the Committee hopes that the Government will ensure that an annual report on inspection activities in the autonomous regions of the Azores and Madeira containing information on the subjects covered by Article 21(a)–(g) will be published and sent to the ILO in the form and according to the deadlines prescribed by Article 20.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period ending 31 May 2007 in reply to its previous comments; the annual report on the work of the General Labour Inspectorate for 2006; the report on the application of the Convention; the labour inspection activity plan for the autonomous region of the Azores; and also additional information supplied by the General Labour Inspectorate with regard to the application of the Convention. It also notes that Legislative Decree No. 211/2006 issuing the Organic Act of the Ministry of Labour and Social Solidarity; Regional Legislative Decree No. 19/2006 on the application of the Labour Code and its implementing regulations in the autonomous region of the Azores; and Regulatory Decree No. 2/2007/A issuing the Organic Act of the Regional Secretariat for Education and Science (SREC).

The Committee notes the comments regarding the application of the Convention, attached to the Government’s report, originating from the Confederation of Portuguese Industry (CIP), the Confederation of Trade and Services of Portugal (CCP), the Portuguese Confederation of Tourism (CTP), the General Confederation of Portuguese Workers (CGTP-IN) and the General Union of Workers (UGT).

1. Article 3, paragraph 1(a) and (b), and Articles 17 and 18 of the Convention. Distribution of inspection activities between the objectives of prevention and enforcement. The employers’ organizations (CIP, CTP and CCP) advocate redirection by the labour inspectorate of its activities to place the focus on its preventive role instead of giving priority to prosecuting employers who have committed violations. These organizations call in particular for actions to raise awareness of social values and provide information and advice of a pedagogical nature or for the development of a policy of prevention, education and awareness raising for all players in the labour market, not only for employers and workers.

The opinions of the workers’ organizations diverge on this point. The CGTP-IN considers that the emphasis placed on information and pedagogical activities by the labour inspectorate is detrimental to enforcement activities. The result is a climate of impunity which reduces the effectiveness of the labour legislation. In the opinion of the CGTP-IN, the labour inspectorate is exceeding its competence by publishing an interpretation of the provisions of the Labour Code on its web site. Some of these entries, drawn up on the basis of specific cases (an enterprise, activity or branch of activity covered by a collective labour agreement), have no general applicability and may be a source of errors in the evaluation of situations. The UGT considers that the enforcement function should preferably target certain violations, such as those relating to the keeping of registers of temporary employment contracts, bogus self-employment, hours of work, overtime and overtime payments. The UGT also considers that labour inspectors should receive training aimed at improving their understanding of the legislation in the light of its complexity and the gaps it contains.

The Committee notes that, according to the information supplied by the Government, measures have been taken to remedy some of the deficiencies noted by the employers’ and workers’ organizations, particularly as regards the adaptation of inspection activities to the needs expressed. Accordingly, in consultation with the regional services and the social partners, the General Labour Inspectorate has decided to launch systematic inspection operations targeting the sensitive areas of labour legislation mentioned above and also activities involving a high risk of industrial accidents. The Government also states that the inspectorate is also seeking to develop parallel inspection and advisory activities in the area of conditions of work, as provided for by the Convention. Penalties are imposed on employers in the case of violations which are considered serious or very serious. In this respect, the Committee notes with interest the communication of decisions issued by the courts with regard to employers who are guilty of violations of the legal provisions covered by the Convention and with regard to rest days, atypical work, and employment contracts.

In response to the criticism voiced by the CGTP-IN concerning the risk of misinterpretations of the explanatory notes posted on the web site of the General Labour Inspectorate, the Government emphasizes that, to prevent any error of interpretation, users’ attention is always drawn to cases involving an issue that has to be settled pursuant to a collective labour agreement. It considers that the labour inspectorate promotes conditions of work by supplying technical information and advice to employers, workers or their representatives regarding the best way to apply the legislation and by imposing penalties on those guilty of violations. In this respect, the Committee notes with interest, in the annual inspection report for 2006 and the additional information sent subsequently by the labour inspectorate, the statements referring to a significant development of inspection activities and the distribution thereof according to the subject covered. The increase in the number of users of services provided by the inspectorate, whether at the “Citizens’ Centres” or inspection offices or on the web site of the General Labour Inspectorate (http://www.igt.gov.pt), which has a special section for frequently asked questions, testifies to the growing interest in the services provided.

Finally, the Committee notes with interest that the General Labour Inspectorate publicizes its activities on a broad scale through participation in numerous events such as conferences and seminars, through television programmes and training and educational activities on health and safety undertaken in educational establishments, and through the distribution of books, brochures and leaflets.

The Committee would be grateful if the Government would send to the Office its assessment of the accuracy of the information posted on the Inspectorate’s web site. The Government is also asked to continue supplying information on the measures taken to promote activities of a pedagogical nature while continuing to prosecute in an effective manner, i.e. with a dissuasive effect, those responsible for violations of the legislation concerning conditions of work and the protection of workers.

2. Articles 10 and 16. Staff numbers of the labour inspection services and inspection visits. The Committee notes that the issue of numbers of labour inspectors in relation to the requirements to be covered is raised by both employers’ and workers’ organizations. Although the CIP welcomes the increase in inspection visits in recent years and appears to attribute the reduction in child labour and industrial accidents to this heightened presence in enterprises, the CTP hopes for an increase in the numbers of labour inspectors and their resources to enable the implementation of a cross-cutting prevention policy and observes that, according to recent data, the national ratio of inspectors to workers is particularly low. The CGTP-IN notices a continuing reduction in the number of serving inspectors in relation to the posts provided for in the budget, pointing out that out of 538 posts provided for, only 200 are actually filled at present, with a consequent decrease in the number of inspection visits. This view is echoed by the UGT, which emphasizes the need to reinforce the staff and the material resources of the labour inspectorate.

The Committee observes that the Government has not supplied the information which it requested in its previous comments concerning the reasons for the continuing decrease in the number of inspectors. However, it notes that 36 inspectors commenced their duties in May 2007 after completing their training and that it is planned to organize a competition to recruit 100 additional inspectors. The Committee would be grateful if the Government would continue to keep the Office informed of the measures taken to reinforce the number and qualifications of labour inspection staff.

3. Article 5(b). Promoting collaboration between the inspection services and the employers and workers. With reference to its previous comments, the Committee notes with interest that a national action plan for prevention (PNAP), in the context of the National Council for Occupational Safety and Health (CNHST), has been drawn up pursuant to Resolution No. 104/2004 of the Council of Ministers. This plan contains the following components:

–           raising the awareness of employers, workers and occupational health physicians and nurses;

–           execution of national, regional and local occupational risk prevention programmes;

–           training of the social partners in the field of occupational safety and health;

–           improving the statistics of industrial accidents and cases of occupational disease.

The Committee also notes with interest that it is planned, in the context of a plan and a programme on growth and employment (2005–08), drawn up in consultation with the social partners within the Standing Committee for Social Cooperation, to take steps, through social dialogue to improve conditions of work and reconcile the rights of workers with the capacity of enterprises for adaptation. These measures include prevention services in enterprises, in particular reinforcing inspection activities in high-risk areas of work. The Committee would be grateful if the Government would keep the Office informed of any developments in this regard.

The Committee is raising a number of other points in a direct request to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee refers the Government to its observation and notes that pursuant to Article 38(5) of Legislative Decree No. 171/2004, the General Labour Inspectorate and the Institute for Occupational Safety, Health and Hygiene have replaced the Institute for the Improvement and Inspection of Working Conditions (IDICT). The Government has asked to indicate whether all IDICT’s areas of responsibility have been transferred to the new institute and to provide a copy of any relevant texts.

With reference to its previous comments and noting with interest the tables pertaining to labour inspection activities in the Azores, the Committee notes that, in its report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Government states that it is envisaging individual annual inspection reports for the two autonomous regions of the Azores and Madeira. The Committee hopes that such reports will be published and duly communicated to the ILO.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending on 31 May 2005 and the replies to its previous comments. It also notes the inspection reports for the years 2002 to 2005 and the recently adopted laws: Act No. 99 of 27 August 2003 issuing the Labour Code and Act No. 35 of 29 July 2004 amending Legislative Decree No. 171 of 17 July 2004 on the structure of the Ministry of Social Security and Labour and the creation of the Institute for Occupational Safety, Health and Hygiene (to replace the IDICT), Legislative Decree No. 8 of 6 January 2005 on the organizational structure of the Ministry of Economic Activities and Labour, Legislative Decree No. 79 of 15 April 2005 on the structure of the Government, which creates the Ministry of Labour and Social Solidarity, Regional Regulatory Decrees No. 27-A of 28 August 2003 and No. 38‑A of 11 December 2004, relating respectively to the structure of the regional secretariat for education and culture of the autonomous region of the Azores and the administrative structure of the regional government of the Azores.

The Committee notes with interest the various decisions of the Constitutional Court and the courts of appeal of Lisbon, Evora and Porto imposing fines on enterprises for breach of the legal provisions on working hours, safety at work, leave, freedom of association, etc. The Committee lastly notes the comments made by the Portuguese Confederation of Tourism, the General Workers’ Union (UGT) and the Confederation of Portuguese Industry (CIP) on the application of the Convention, sent by the Government with its report, and of the Government’s views on the matters raised.

The Portuguese Confederation of Tourism believes that it is time to remedy the notorious failure to punish breaches of labour law and that the problem facing the country is a lack of information and of effective measures to end prevarication. Furthermore, the law should be implemented as part of a policy of prevention, an aspect hitherto neglected in favour of a policy of inspection and supervision. Lastly, although the creation of independent institutions to train labour inspectors is very important, it is a matter worth debating only if the human resources are there to cover the needs.

Though it welcomes the increase in the activities of the general inspectorate and the reduction in child labour and the number of fatal occupational accidents in all sectors of economic activity, the CIP, like the Portuguese Confederation of Tourism, regrets that the measures taken by the General Labour Inspectorate still focus more on sanctioning than on educating and informing.

The UGT is of the view that special attention should be paid to offences concerning the register of temporary work contracts, false self-employment, temporary work, false absences (including alleged sick leave), breaches of the rules on hours of work, unlawful overtime and even unpaid overtime, and arbitrary dismissals. Although it regrets that the strength of the inspectorate was reduced from 294 in 2003 to 280 in 2004, the UGT nonetheless welcomes the increase in the number of inspections and is in favour of further intensifying them. It believes that although human and material resources need to be increased, it is equally important that measures be taken to ensure that inspectors are able to interpret the law properly because of its complexity and shortcomings, which are frequently pointed out. The CGT believes that it ought to be possible for the unions to follow inspectors’ work more closely and to have better access to information on the inspectorate’s current activities and relevant forums for tripartite dialogue.

The Committee observes that, for the most part, the organizations’ comments concern matters that were already examined at the 1998, 1999 and 2003 sessions.

1. Article 3, paragraph 1(a) and (b), of the Convention. Supervisory and preventive functions of the labour inspectorate. The Committee notes with interest the information in the annual inspection reports showing that the provision of information and technical advisory services evolved significantly in the period from 2001 to 2004, particularly in “Citizens’ Centres”. It also notes the increase in the total number of inspections during the same period and points out that, as it said in paragraph 85 of its General Survey of 2006 on labour inspection, the abovementioned provision gives the same importance to information and advice to employers and workers concerning the most effective means of complying with the relevant legal provisions, the two functions being inextricably linked and representing the two key aspects of labour inspection. The Committee would be grateful if the Government would continue to provide information on developments in the advisory and informative role played by the labour inspectorate.

2. Article 5(b). Cooperation with employers and workers. Further to its previous observation, in which it noted the signing of an agreement in February 2001 with the social partners of an agreement on working conditions, occupational health and safety and occupational risk control, the Committee would be grateful if the Government would provide detailed information on progress in the activities carried out under the agreement. Please also provide information on any new measures taken or envisaged to encourage cooperation and dialogue between the inspection services and the social partners, and state the areas covered by such cooperation.

3. Articles 7, paragraph 3, 10 and 11. Strengthening of the staff of the inspection service, and expansion of its areas of action and material resources. The Committee notes with interest, the establishment in 2004 of the National School for Labour Inspection, Studies and Training, the aim of which is to develop the professional skills needed for inspection activities. It also notes that, according to the Government, the annual continuous training programme for inspectors is set according to needs and priorities. Furthermore, in 2004, 34 inspectors, five of whom were assigned to the Azores regional inspectorate, underwent training in order to graduate from labour inspector to technical inspector which consisted of 90 hours of theory and 40 hours of practical training over a two-month period. On the subject of continuous training for labour inspectors, the Committee notes that between 2002 and 2005, various courses and seminars were held on subjects such as the drafting of activity reports on occupational safety and health; chemical and biological risks; the Labour Code and its regulations; safety of machinery; prevention of risks; document management; and labour law.

With regard to the strength of the labour inspectorate, the Committee notes that of the 538 posts budgeted for inspectors for the years 2001-05, only 261 were filled in 2001, 257 in 2002, 294 in 2003, 280 in 2004 and 266 in 2005. The Committee requests the Government to explain why the number of serving inspectors dropped between 2003 and 2005 and to provide information on any measures taken or envisaged to fill the vacant posts in the inspectorate.

4. Article 18. Appropriate and effectively applied penalties. The Committee notes the system of penalties established in articles 614-689 of the Labour Code, the various court decisions regarding the imposition of penalties for violations of the legal provisions enforceable by labour inspectors and the statistics on offences committed and penalties imposed from 2002 to 2005. However, the Committee would be grateful if the Government would give any views it deems relevant on how it ensures that labour inspectors fulfil their ethical obligations in performing their enforcement duties. Please also provide information on any measures taken to ensure that inspection activities, legal actions brought and sanctions imposed are given sufficient publicity to strengthen the credibility of the profession.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference to its observation, the Committee draws the Government’s attention to the following point.

Application of the Convention to the autonomous regions of the Azores and Madeira. With reference to the Government’s report on Convention No. 129 in which it indicates that the annual inspection report does not cover the autonomous regions of the Azores and Madeira, the Committee would be grateful if the Government would take the necessary measures to ensure such coverage for this Convention as well and to keep the Office informed.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports, the replies to its previous comments and the attached documentation. With reference to its previous comments on the absence of statistics on cases of occupational disease in the last annual inspection report, the Committee notes with satisfaction the inclusion of these data in the annual reports for 2000 and 2001. Further to its previous comments on the observations made by the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers (CGTP), the Committee notes the information provided by the Government in reply.

The CIP states that it is satisfied with the development of the results of the inspection activities, in particular in the area of child labour; it nevertheless recommends that the inspection activities be directed towards less repressive, and more instructive and informative actions. The CGTP on the other hand considers that the main obstacle to more efficient inspection services is the lack of human and material resources. While commending the significant progress in inspection activities, in particular in the area of child labour, it nevertheless considers that the relevant statistics and inspection reports do not reflect the real situation. Many infringements go unpunished and the number of employment accidents and cases of occupational disease is still high. The CGTP deems that, in order to achieve the desired dissuasive effect, the sanctions imposed should be in proportion to the seriousness of the infringement of the legislation supervised by the labour inspectorate and that by increasing the number of labour inspectors, even during targeted inspection campaigns, it would be possible to avoid leaving totally unsupervised the areas of labour law and the geographical regions not included in these campaigns.

1. Labour inspection and child labour. The Committee notes with interest the intensification of inspection activities to combat child labour in collaboration with other institutions and organizations, such as the "surprise" inspections carried out since 1997 in enterprises considered at risk due to the branch of activity, the number of workers and the economic and social circumstances. It notes that the total number of "surprise" inspections considerably increased, from 1,462 in 1997 to 7,100 in 2001, and that the number of children in an illicit situation per 1,000 inspections decreased from 114.2 in 1997 to 22.4 in 2000. A consultation with the social partners is envisaged with a view to revising the legislation in order to provide that young jobseekers under 18 years of age shall have completed the period of compulsory schooling and shall receive vocational training during the period covered by the employment contract.

2. Human resources, working conditions and inspection activities (Articles 10, 11 and 16 of the Convention). The Committee notes that the increase in the number of inspectors is being accomplished through training, internal competitions and recruitment (a training session to recruit 66 new inspectors beginning in September 2001, the creation of an internal competition for 45 posts to train for the career of senior inspector and the exceptional recruitment of 80 new labour inspectors, according to the Government’s report). The number of inspections increased from 32,665 in 1999 to 40,231 in 2001, but the total number of workplaces inspected decreased from 43,589 in 1997 to 29,908 in 2001, although there were significantly more health and safety inspections. The Government also alludes to the renovation and refurbishing with equipment of regional offices to improve the inspectors’ working conditions and the user reception service. A database for the exchange of information between the regional and central services of the General Labour Inspectorate (IGT), and between the IGT and the Institute for the Improvement of the Inspection of Working Conditions (IDICT), has been created. The Government also mentions that a large part of this Institute’s parking area is made available to labour inspectors for their occupational needs, and a small amount is allocated to cover travel expenses incurred in the use of personal vehicles for occupational purposes, and travel vouchers and per diems are provided for the labour inspectors’ incidental expenses when away from their place of residence.

3. The advisory and informative role of labour inspection (Article 3, paragraph 1(b)). According to the Government, the labour inspection activities are not limited to enforcement but also include providing technical information and advice, as reflected in the annual inspection reports, indicating a decrease in these services between 1994 and 1999, followed by a slight increase between 1999 and 2001, mainly on the initiative of the inspection services. Furthermore, the information activities have been carried out through the collaboration of the IGT with the activities of the "Citizen’s House" in Lisbon, Porto, Viseu, Setúbal, Braga and Aveiro as an integrated response to the information needs of citizens and enterprises, and through the creation of a working group responsible for the formulation of a project to reorganize the labour inspection information system.

4. Cooperation with other government services and public or private institutions and employers’ and workers’ organizations (Article 5(a) and (b)). According to the Government, the IGT carries out inspection activities in collaboration with other services, including the inspection services for social security, finances, immigration and border control, and, in the context of the occupational safety policy, the Government mentions the signing in February 2001, with the social partners, of an agreement on working conditions, occupational health and safety and occupational risk control. In the context of this agreement, an action plan to reduce the number of employment accidents and cases of occupational disease in the most vulnerable sectors is envisaged, as well as a national action plan for prevention; the reactivation of the National Occupational Health and Safety Board; the creation of a prevention observatory, the reinforcement of collaboration between the Centre for Prevention of Occupational Risks and other bodies concerned; the revision of the national lists of incapacities resulting from employment accidents and of cases of occupational disease; the adoption or amendment of specific occupational safety legislation in the sectors most prone to employment accidents; the restructuring of the statistical system for recording occupational accidents and cases of occupational disease and the measures for effective follow-up of cases of occupational disease.

5. Status and conditions of service of labour inspectors (Article 6). The Committee notes with interest the adoption of Legislative Decree No. 102/2000 of 2 June 2000 on the status of the General Labour Inspectorate; Regional Regulatory Decree No. 14/2001/A of 22 October 2001 on the status of Regional Labour Inspectorate of the autonomous region of the Azores; and Regulatory Decree No. 32/2002/A of 19 November 2002 on the definition and structure of the careers of the technical inspection personnel of the autonomous region of the Azores.

The Committee requests the Government to continue to provide information on any change in the labour inspection situation and a copy of any relevant texts, including the text which affords the basis in law for granting travel vouchers and per diems to inspectors on mission away from their place of residence, and the agreements signed between the IGT and other organizations and institutions mentioned in the report.

The Committee is addressing a request directly to the Government on another point.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring to its previous comments in particular concerning the observations made by the Confederation of Portuguese Industry (CIP), the Committee notes the Government’s report and the new observations from the same organization and those formulated by the General Confederation of Portuguese Workers (CGTP). The Committee has also noted that the Government has supplied information on the subjects raised by both organizations, and proposes to examine the content of such documents during its forthcoming session in 2002.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points.

Articles 10 and 11. Human and material resources. The Committee notes that according to the Annual Inspection Report (1997) the number of inspector positions has decreased from 384 in 1993 to 328 in 1997 and the actual number of inspectors during the same period from 365 to 284. The Committee notes the indication in the Government's report that as of May 1999 the number of senior inspectors and inspectors was 314, plus 11 persons undergoing training to become senior inspectors. In addition, it was expected that a further 50 persons will be admitted on completion of the selection process. The report further indicates that the IGT operates at its headquarters in Lisbon, the seat of its directorate, and in 29 branches of the IDICT, while three regional units are currently being set up. The Committee requests the Government to continue supplying information on changes in the human and material resources of the inspection services and their impact on the effectiveness of inspection activities.

Article 14. Notification of industrial accidents and occupational diseases. With reference to its previous comments the Committee notes that under article 14 of Decree-Law No. 441/91, of 14 November 1991, the employer must notify the IGT of fatal or particularly serious accidents within 24 hours and that under the terms of Decree-Law No. 2/82 of 5 January 1982, doctors must notify the National Centre for Protection against Occupational Risks in all cases where occupational diseases listed in this law are diagnosed in the course of their professional duties within eight days of the diagnosis. In addition, the National Centre for Protection Against Occupational Risks will inform departments and branches of the IGT of cases of occupational disease. The Committee notes however that the latest Annual Inspection Report sent to the ILO (1997) does not contain the statistics of occupational diseases required under Article 21, paragraph (g), of the Convention. The Committee requests the Government to provide information on steps taken to compile such statistics. The Government might wish to refer to the Committee's 1996 general observation in this regard.

Article 16. Frequency and thoroughness of inspection visits. The Committee notes that according to the 1997 Annual Inspection Report the total number of visited establishments has decreased from 76,311 in 1993 to 43,589 in 1997 and the number of establishments visited in respect of safety, hygiene and health for the same period has decreased from 9,437 to 6,642. The Committee asks the Government to indicate the reasons for such decrease and the measures envisaged in order to ensure adequate frequency and thoroughness of inspection visits.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report as well as the observations made by the Confederation of Portuguese Industry (CIP).

1. Article 3, paragraph 1(a), of the Convention. Enforcement of legal provisions relating to the employment of children and young persons. In its previous comments the Committee asked the Government to provide information on the development and any intensification of the activities of the labour inspectorate relating to the enforcement of legal provisions respecting the employment of children and young persons, the cases of child labour detected and the penalties imposed. The Committee notes with interest the information provided by the Government in the 1998 Annual Report of the Inspectorate General of Labour (IGT) on child labour and in the preliminary report on the execution of the Plan for the Elimination of Exploitation of Child Labour (PEETI) of February 1999. The Annual Report by the IGT on child labour shows the evolution and impact of labour inspection activities in the field of child labour over a period of ten years during which the minimum age for admission to employment rose from 14 years to 15 in 1992 and to 16 in 1998. IGT's objectives are, among others, to contribute to the eradication of child labour by means of activities directed towards enterprises; to promote adequate conditions of work, particularly as concerns safety, hygiene and health at work; to place the fight against child labour in the framework of the phenomenon of clandestine work and illegal home work. The Committee notes from the Annual Report an intensification of labour inspection visits in the field of child labour control, which resulted in an increase of detected cases of illegal child labour (191 cases in 1998; 167 in 1997). The Committee hopes that the Government will continue to supply information on the activities of the labour inspection in regard to child labour.

2. Article 3, paragraph 1(b), and Article 5. Supply of technical information and advice; collaboration. The Committee notes that the CIP points to a marked improvement in the performance of the labour inspectorate. The CIP considers, however, that the labour inspectorate continues to be fundamentally of a repressive and punitive nature, and that it should strengthen its preventive aspects, particularly in view of the current proliferation of legal standards in the labour sphere. The Committee notes the Government's indication that all departments and branches of the IGT include an information service providing information and dealing with complaints; that inspectors may be accompanied on inspection visits by experts from employers' associations or trade unions, duly accredited by the IGT. The Government also indicates that the Institute for the Improvement and Inspection of Working Conditions (IDICT) has been carrying out sectoral campaigns on the prevention of occupational risks in civil engineering, agriculture and the textile industry, promoted and directed by the IDICT in collaboration with the social partners in the sectors concerned. The Committee requests the Government to continue to supply information on all developments in this regard.

3. Articles 20 and 21. Annual reports. The Committee requests the Government to provide on a regular basis the Annual Labour Inspection Report as required under Article 20, containing the information on the subjects listed in Article 21.

The Committee is addressing a request concerning the application of Articles 10, 11, 14 and 16 of the Convention directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. With reference to its observation on the Convention, the Committee notes that the General Confederation of Portuguese Workers (CGTP) expresses doubts concerning the autonomy and independence of the labour inspectorate (IGT) following its integration into the Institute for the Development and Inspection of Working Conditions (IDICT). For its part, the Government considers that its autonomy and independence are guaranteed, particularly by the conditions of service of the officials and the exclusive competence of the IGT in the field of supervision. The Committee requests the Government to indicate the resources in terms of offices and transport facilities made available exclusively to labour inspectors to enable them to discharge their functions in full independence (Article 11 of the Convention).

2. The Committee notes the Government's statement that cases of occupational disease are dealt with by the National Centre for Protection against Occupational Risks, whose medical personnel make the diagnosis and notify these cases to the Institute for the Development and Inspection of Working Conditions. The labour inspectorate also receives annual reports of the prevention services of enterprises (section 24 of Legislative Decree No. 26/94). With reference to paragraphs 86 and 87 of its General Survey on labour inspection, the Committee recalls that notifying the labour inspectorate is not an end in itself, but part of the more general aim of preventing work-related accidents. Its purpose is to enable the labour inspectors to conduct investigations in the enterprise to establish the causes of work-related accidents and occupational diseases and to take measures to avoid their recurrence. The Committee requests the Government to indicate in its next report the legal time-limit for notifying the labour inspectorate of a work-related accident or an occupational disease (Article 14).

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report for 1997 and in its response to the observations made by the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers (CGTP), which were transmitted by the Government with its report.

Articles 3, 5, 17 and 18 of the Convention. Enforcement of legal provisions relating to the employment of children and young persons; information and advice. The Committee notes the information provided by the Government concerning the activities to combat child labour, and particularly those of the general labour inspectorate, which also cooperates with the National Commission for the Elimination of Child Labour. In this respect, the CGTP considers that, although recourse to child labour cannot be entirely and exclusively imputed to the ineffectiveness of inspection activities, it is nevertheless certain that effective and generalized action, particularly in regions, sectors and enterprises in which it is known or suspected that recourse to child labour is more frequent, would play a dissuasive role, particularly if inspections resulted in penalties adapted to the seriousness of the cases (Articles 3, paragraph 1(a), 17 and 18).

The Committee notes the detailed statistics provided by the Government on the specific activities of the labour inspectorate in relation to child labour over the past ten years, and that the figures for 1996-97 show that the violations reported by inspectors relate primarily to non-compliance with the minimum age for admission to employment or work. The Committee requests the Government to provide information on the development and any intensification of the activities of the labour inspectorate relating to the enforcement of legal provisions respecting the employment of children and young persons, the cases of child labour detected and the penalties imposed (Articles 3, paragraph 1(a), 17 and 18). The Committee notes that, for its part, the CIP emphasizes the strengthening of the preventive role of the inspectorate and the Committee recalls the role to be played by labour inspection in supplying technical information and advice to employers and workers and collaborating with them or their organizations (Article 3, paragraph 1(b), and Article 5(b)).

Articles 10 and 11. Human and material resources. The Committee notes the comments of the CGTP concerning the insufficient level of the human and material resources which are necessary for the effective discharge of the duties of the inspectorate, which impedes the detection of cases in which legal provisions are not observed. The Committee notes from the figures provided by the Government that in 1998 there were some 343 labour inspectors (311 in 1997 with 32 entering their functions in 1998) and that the recruitment of 20 new inspectors is also envisaged. The Committee requests the Government to continue supplying information on changes in the personal and material resources of the inspection services and their impact on the effectiveness of inspection activities.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the detailed report provided by the Government and the information contained in the annual inspection report for 1993. It notes in particular the Government's comments concerning the observations made by the General Union of Workers (UGT) on labour inspection with reference to the work of children and young persons (Article 3, paragraph 1(a), of the Convention), the number of inspectors (Article 10) and the compilation of data on industrial accidents and cases of occupational disease, particularly in the case of victims of accidents who were working illegally (Article 14). It notes in this respect the Government's indications that the labour inspectorate gives absolute priority to labour inspection in relation to young persons and that the number of inspection visits undertaken in this respect increased considerably between 1992 (2,147) and 1994 (5,514). With regard to the number of inspectors, the Committee notes that 32 new labour inspectors should be recruited and should commence their respective training as of the beginning of 1996. The Committee requests the Government to continue providing information on developments in this respect.

With regard to the notification of industrial accidents, the Committee notes that the labour inspectorate has statistical data on the surveys carried out following mortal or grave accidents of which it is notified either through the compulsory communications from employers, or by other means. These communications should make it possible for the inspection services to determine the causes of the accidents and ensure that the appropriate prevention measures are adopted.

The Committee notes that, according to the information contained in the Government's report, the compilation of data on occupational diseases is the responsibility of the National Occupational Disease Insurance Fund, and not the labour inspectorate. It would be grateful if the Government would indicate how notification of cases of occupational disease to the labour inspectorate is ensured, in accordance with Article 14 of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes the Government's report, particularly with regard to the application of Article 10 of the Convention and the new texts which have been adopted.

Article 14. The Committee notes with interest that section 14 of Decree No. 441/91 provides that all employers are obliged to notify the general labour inspection service, within 24 hours of its occurrence, of any accident which is mortal or particularly serious. In this respect, it notes the comment made by the General Confederation of Portuguese Workers to the effect that accidents which do not have the above characteristics are not notified to the labour inspection services. The Committee requests the Government to supply information on how effect is given in practice to this provision, and to indicate whether it is envisaged to adopt rules regarding the notification by the employer of other cases of industrial accidents and occupational diseases.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 10 of the Convention. The Committee notes with interest the intake of new inspectors reported by the Government. Please continue to provide information in this regard in future reports.

Article 14. Further to previous comments, the Committee notes that a working group continues in its elaboration of new legislation concerning notification of accidents at work. The Committee also notes that in practice occupational accident statistics are kept and published in the annual report of the inspection services. The Committee hopes the Government will continue to provide information on any new developments.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 10 of the Convention. With reference to its previous comments, the Committee notes with interest the information provided by the Government concerning the recruitment of new labour inspectors. It requests the Government to keep it informed of any new measures that are taken to strengthen the labour inspection services.

Article 14. The Committee notes with regret that no progress has been made towards the adoption of the draft Decree respecting the notification of industrial accidents. It trusts that the Government will take the necessary steps to ensure that the above draft is adopted shortly.