Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers – National Trade Unions (CGTP-IN) communicated with the Government’s report.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee previously noted the persistence of occupational gender segregation and stereotypes that are underlying causes of the gender pay gap and requested the Government to adopt specific measures in order to reduce such gap. Referring to its previous comments regarding indirect discrimination against women with respect to pay bonuses or performance assessment, as a result of their family responsibilities, the Committee notes with satisfaction the adoption of Law No. 90/2019 of 4 September 2019, which introduces a new article 35-A in the Labour Code, prohibiting any form of discrimination based on the exercise by workers of their maternity and paternity rights, in particular regarding the attribution of attendance and productivity bonuses or career progression. It notes the Government’s indication, in its report, that concrete measures have been implemented, in the framework of National Strategy for Equality and Non-Discrimination for 2018–30 (ENIND) and its Action Plan for Equality between Women and Men 2018–2021 (PAIMH), in order to combat the gender pay gap and address vertical and horizontal occupational gender segregation and stereotypes, in particular through the project «Equality Platform and Standard», launched in 2020 and promoted by the Commission for Equality in Labour and Employment (CITE). The Committee notes the Government’s indication that this project aims at designing a platform to monitor the implementation of public policies and compliance with legal instruments, as well as at elaborating the Portuguese Reference Document for an Equal Pay Standard Management System, which will help organizations wishing to implement a process leading to equal pay between women and men. It notes that, in 2019, the Government has become a member of the Equal Pay International Coalition (EPIC), an initiative launched by the ILO and UN Women. The Committee however notes that the CGTP-IN reiterates its concerns regarding the persistence of substantial gender wage differences, in particular in higher positions, despite the existing legal framework. The CGTP-IN adds that, in the public sector, women face difficulties in accessing managerial positions (representing less than 42 per cent of senior managers while they represent 61 per cent of workers in the public sector), which is reflected by lower wages. While women have higher levels of education than men, this positive evolution is not reflected in the level of their wages, as a result of persistent discrimination based on gender stereotypes. The Committee notes that, in reply to CGTP-IN’s observations, the Government refers to the measures introduced by Law No. 60/2018 of 21 August 2018 for the promotion of equal pay for men and women for equal work or work of equal value, as well as the continued decrease of the gender pay gap. In that regard, it notes, from the 2019 CITE report, that, in 2018, the gender pay gap slightly decreased being estimated at 14.4 per cent for the average monthly basic remuneration and 17.8 per cent for the average monthly overall remuneration (compared to 14.8 per cent and 18.2 per cent, respectively, in 2017) but remains wider in higher positions, being estimated at 26.2 per cent for the average monthly basic remuneration and at 27.4 per cent for the average monthly overall remuneration. The Committee observes that, despite a slight diminution, the gender pay gap remains high. It notes that, in its observations, the CIP highlights that wage differences need to be analysed carefully, by taking into consideration several criteria such as the tasks effectively performed, the qualifications and level of education required, gender and age, in order to determine whether such differences can be considered or not as discrimination. The CIP adds that, in its views, the gender pay gap is a cultural and sociological issue, the existing occupational gender segregation being largely rooted in stereotypes regarding the professions and sectors that are considered more appropriate for men or for women, which has an impact on the academic choices of young people and is later reflected in the labour market. In that regard, the Committee notes that, in its 2021 country report on gender equality, the European Commission highlights that the implementation of the national legislation is still weak as the gender pay gap persists, mainly as a result of the traditional stigma attached to the social roles of men and women in public and private life and the unbalanced share of the family and care responsibilities. Such inequality in the reconciliation of professional and family life leads to shorter working time; undervalued work; shorter careers; increased difficulties in promotion and less training for women. All these factors involve or lead to lower pay and to fewer professional opportunities (country report, page 29). In that regard, the Committee refers to its 2021 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156). Welcoming the steps already taken by the Government, the Committee asks the Government to pursue its efforts in order to address the gender pay gap and its underlying causes, such as persistent vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. It asks the Government to provide information on the measures implemented to that end, including in cooperation with the social partners or with EPIC. The Committee asks the Government to provide statistical information on the earnings of men and women, disaggregated by economic sector and occupation, both in the public and private sectors.

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