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

Portugal

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1962)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1983)

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.