Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Portugal

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1962)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1983)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 1981)

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.