Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Portugal (Ratification: 1985)

The Committee notes the observations submitted by the General Union of Workers (UGT) dated 27 September 2011, received together with the Government’s report, that refer to the improvements in the implementation of the Convention as well as to the need to adopt the necessary regulations for the implementation of the legislation concerning parental leave that will also benefit male workers.

General implementation of the Convention. The Committee notes the various laws and resolutions that refer to reconciliation of work and family responsibilities adopted by the Government since its last report, including a revision of the Labour Code in 2009 with respect to parental leave, and the adoption of the National Plan for Equality, Citizenship and Gender IV (2011–13). The Committee further notes that in its report, the Government indicates that from the beginning of 2010 to May 2011 the Commission for Equality at Work (CITE) had dealt with two complaints and had issued 86 opinions concerning the reconciliation of work and family responsibilities. The Government also refers to the visits carried out by the labour inspectors to the workplaces and the sanctions imposed. The Committee also notes the judicial decisions adopted in relation to the principle of the Convention. The Committee further notes the austerity measures adopted by the Government in order to address the economic situation. The Committee requests the Government to continue to provide information on the concrete measures and provisions adopted by the Government relevant to the implementation of the Convention, as well as on the complaints submitted on alleged discrimination on the basis of family situation (as provided for in the Labour Code) and their outcome. The Committee further requests the Government to provide information on the number and nature of infringements recorded by the labour inspectorate concerning the implementation of provisions related to the application of the Convention. Please also provide information on the impact of the austerity measures recently adopted on the implementation of the Convention.

Article 3 of the Convention. National policy. The Committee notes the Government’s indication that measures have been taken to ensure that childcare facilities are available for at least eight hours every day. The Government also refers to the National Plan for Equality III (2007–11) in the framework of which the Portuguese Association for Ethics in Business has elaborated a directive on family responsible organizations for the promotion of reconciliation of work and family responsibilities. The National Plan for Equality IV (2011–13), currently in operation, has the objective of mobilizing public and private entities for the implementation of equity plans that will ensure the reconciliation of work and family responsibilities. The Committee requests the Government to continue to provide information on the implementation of the National Plan for Equality IV, in particular with respect to specific measures adopted with a view to assisting male and female workers to balance their work and family responsibilities, and the concrete impact of such measures, including the number and nature of equity plans adopted and their results.

Article 4. Leave entitlements equality. The Committee notes with interest the adoption of Act 7/2009 approving the revision of the Labour Code, namely with respect to parental leave. The Committee notes that sections 40–42 of the new Code encourage the sharing of parental leave between mother and father beyond the first six weeks following childbirth; the period of leave is extended by 30 days if it is shared between the mother and the father. Moreover, the initial leave of five days, granted to fathers at the moment of childbirth, has been extended to ten days and an additional ten days are granted to the father if leave is taken at the same time as the mother. In case of adoption, parental leave is equal to that of natural birth. Furthermore, while the working time is maintained, greater flexibility is possible through collective and individual negotiation. The Government provides information on the number of subsidies granted to female and male workers in the framework of the parental leave provisions and further indicates that in 2010, the labour inspectorate issued nine warnings and imposed 25 fines for non-respect of parental leave provisions. The Committee requests the Government to continue to provide information on the measures taken in relation to the promotion of childcare leave. The Committee further requests the Government to provide statistics on the number of men and women, both in the public and private sectors, that have used the parental leave as well as information on the number of infringements registered by the labour inspectorate of the provisions of the Labour Code concerning parental leave. Please also provide information on flexible working time arrangements established through collective bargaining.

Article 5. Childcare and family services and facilities. The Government indicates that the Programme for the Improvement of the Social Equipment (PARES) has carried out several projects involving the establishment of 185 childcare facilities (crèches) as well as home support services, residential homes and other facilities for workers with family responsibilities. The Government indicates that the rate of coverage of childcare facilities has increased from 26.2 per cent in 2004 to 34.4 per cent in 2010. The Government further indicates that in the framework of the Programme for Integrated Support for Older Persons (PAII) a project for home support services, training and leisure for older dependent people has been developed. In addition, the national network for integrated and continued care, established in 2006, takes care of dependent persons either through in-patient institutions, ambulatory services, homecare or hospitals. The Government provides information on the establishments already created or refurbished (4,915 childcare places and 5,074 places for older persons) and those planed for the future. The objective of these measures is, according to the Government, to increase the autonomy of those to whom the measures are addressed and to help families to reconcile work and family responsibilities. The Committee requests the Government to continue to provide information on the measures taken to take account of the needs of workers with family responsibilities in community planning as well as on the number and nature of the community childcare and family services and facilities created and the number of workers with family responsibilities that have benefited from these facilities.

Article 6. Information and education. The Government indicates that in the framework of the National Plan for Equality II (2003–06) the Commission for Equality and for the Rights of the Women edited and distributed information brochures and organized several other awareness-raising activities. The Committee further notes that the “Equality is Quality” prize continues to be distributed among those public and private enterprises that promote equality between men and women and adopt effective measures against discrimination. Moreover, between 2006–09 the Social Dialogue and Equality in the Enterprise project was carried out by the social partners to provide assistance to those enterprises that fight against discrimination, providing a set of solutions for those enterprises interested in the integration of equality and the reconciliation of family and work responsibilities in their policies and agenda. The Committee also notes that several workshops were organized on issues related to equality. It further notes that the CITE provides information on non-discrimination and reconciliation of work and family responsibilities to the public in general and also to the social partners to assist them in the negotiating process. Please continue to provide updated information on the measures taken to engender broader public understanding of the principle of equality for male and female workers and of the problems of workers with family responsibilities as well as on the impact of these measures. Please also indicate whether the Social Dialogue and Equality in the Enterprise project has been continued and what has been its impact.

Article 7. Integration in the labour market. Following the Committee’s latest request, the Government indicates that the pilot project “Equal training opportunities throughout life” was developed in 1999 together with a Dutch training centre and was addressed mainly to women in order to increase their working possibilities. The Committee further notes the Government’s indication that section 30(3) of the Labour Code provides that priority should be given in the access to training to workers after parental leave or in the case of a single parent family. The Government also refers to diverse programmes addressed for the reintegration of workers in the labour market in its report under the Employment Policy Convention, 1964 (No. 122). The Committee requests the Government to provide information on the implementation of section 30(3) of the Labour Code with respect to workers after parental leave and its impact in practice. Please also provide information on any other measures designed to enable workers with family responsibilities to become and remain integrated or to re-enter the labour force following parental leave and the obstacles encountered, particularly taking into account the austerity measures recently adopted.

Article 11. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that within the framework of the Social Dialogue and Equality in the Enterprise project carried out by the social partners, mentioned above, a self-evaluation guide was elaborated which was used by the CITE in 2009 to undertake a gender evaluation in three public enterprises. The Committee further notes the Code of Good Practice for companies to assist reconciling work and family life prepared for the CITE. The Committee requests the Government to continue to provide information on the results of any measures adopted in collaboration with the social partners in order to help male and female workers to balance their work and family responsibilities. Please also provide concrete information on how the enterprises implement the Code of Good Practice and its impact on workers with family responsibilities.