Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Employment Policy Convention, 1964 (No. 122) - Portugal (Ratification: 1981)

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

Articles 1, 2 and 3 of the Convention. Employment policy measures under the economic adjustment programme. The Committee notes the information provided by the Government regarding the series of measures taken during the reporting period to promote full, productive and freely chosen employment and decent work, including the series of exceptional measures taken to maintain employment contracts and mitigate the negative impacts of the COVID-19 pandemic on employment and businesses, including Law-Decree No. 23-A/2021, of 24 March, which established support measures for workers and businesses and Law-Decree No. 10-G/2020 of 26 March, which established temporary and exceptional measures to protect jobs in the context of the pandemic. The Government also refers to exceptional measures taken during the pandemic to support independent and informal workers and provide them with social protection. The Committee notes with interest the information provided by the Government on the positive results of the series of measures adopted and implemented to date on the labour market. With respect to employment trends, the Government reports that the overall employment rate stood at 69.4 per cent in the first trimester of 2018. Despite the negative impacts of the pandemic and the war in Ukraine on the labour market, employment rates began to rise again as of the second trimester of 2021, with the overall employment rate reaching 72.6 per cent by the first trimester of 2022. The Government highlights that the gap between the employment rates of men and women narrowed further during this period, particularly in the 25–35 year age group, where the difference fell to 0.8 percentage points. The overall unemployment rate fell from 8.1 per cent in the first trimester of 2018 to 5.9 per cent in the first trimester of 2022. The Government adds that underemployment fell by 24.5 per cent during the same period. Finally, the Government indicates that the rate of long-term unemployment fell by 2.7 per cent during the same period. In this context, the Committee also notes the conclusions of the 2023 Country Report of the European Commission on Portugal (the 2023 EC Report), indicating that as of 2022, the unemployment rate stood at six per cent, below the European Union and euro area average, while the employment rate among persons 20 to 64 years of age rose to 77.5 per cent, a historically high level. In its observations, the UGT-IN refers to positive developments in the Portuguese labour market from 2018 to 2020, citing employment growth and a reduction in unemployment. The workers’ organization indicates that important steps were taken during this period to address structural problems in the labour market, observing that the tripartite agreement signed in 2018 led to significant changes, including in the development of employment policies seeking to reduce precarious employment. Noting that the Government is expected to submit a new report in 2025 on the implementation of the provisions of the Convention, the Committee requests the Government to provide detailed updated information on trends in employment, unemployment and visible underemployment, as well as to provide information, including statistics disaggregated by sex, age and region of the country, on the nature, scope and impact of active employment measures taken to further the objectives of full, productive and freely chosen employment policies, in order to enable the Committee to take more fully into account the evolution of the Portuguese labour market and the progress achieved in both law and practice. In addition, the Committee requests the Government to continue to provide information on the manner in which it keeps under review the employment policies and measures adopted in order to pursue the objectives of full, productive and freely chosen employment (Article 2), in consultation with the social partners, as well as with representatives of the groups concerned by the measures taken or envisaged (Article 3).

Measures to promote employment among disadvantaged groups. Youth employment. The Committee notes the measures taken by the Government during the reporting period to promote employment and decent work among disadvantaged groups. With respect to young persons, the Committee notes the adoption in 2018 of Council of Ministers Resolution No. 114/A of 4 November, which approved the first National Plan for Youth (PNJ), as well as the adoption of a number of measures aimed at promoting access to employment for young persons aged 16 to 24. The Government indicates that, while the youth unemployment rate fell from 21.9 per cent in the first trimester of 2018 to 20.6 per cent in the first trimester of 2022, it nevertheless remained above pre-pandemic levels. It adds that young persons face structural challenges in terms of the school-to-work transition and are more likely to be in precarious employment, rendering them more vulnerable during periods of economic crisis. In this respect, the Committee notes the revision of the National Youth Guarantee Implementation Plan by Council of Ministers Resolution No. 188/2021 of 30 December, which aims to strengthen the response to challenges faced by young persons not in education or employment (NEETs), those furthest from the labour market and those with less qualifications, as well as to reinforce the synergies between the Institute for Employment and Vocational Training (IEFP) with local structures and programmes aimed at these groups of young persons. The IEFP also provides employment support to young persons through specific programs and incentives, such as ATIVAR.PT, Empreende XXI and SOU MAIS National Microcredit Program (PNM), which provide training and financial support to young persons for the creation of enterprises and jobs. The Committee further notes measures taken to promote employment and decent work for other disadvantaged groups facing challenges in the labour market, including the adoption of Council of Ministers Resolution No. 154/2018 of 29 November, which revised the National Strategy for the Integration of Roma Communities 2013–2020, extending the Strategy through 2022. The Strategy includes among its strategic objectives the elimination of discrimination against persons belonging to the Roma community—including discrimination between women and men in the community, and guaranteeing conditions for their access to education and lifelong learning and their full and equal participation in the labour market. The Committee also notes the series of measures taken to promote the employment of persons with disabilities, including the adoption of Law No. 4/2019 on the Quota for the promotion of employment for persons with disabilities, and Council of Ministers Resolution No. 119/2021 of 31 August, approving the National Strategy for the Inclusion of Persons with Disabilities 2021–2025. The Committee particularly notes the focus in the National Strategy on the need to address intersectional discrimination against persons with disabilities who also belong to other groups facing challenges in accessing the labour market, such as: women and girls; migrants and refugees; LGBT+ persons and members of the Roma community. The Committee requests the Government to provide detailed updated information in its next report regarding the nature, scope and impact of measures taken to reduce youth unemployment, including statistical information disaggregated by sex, age and region of the country. In addition, the Government is requested to provide updated information regarding measures taken to reduce precarious employment of young persons through the creation of opportunities that enable young women and men, including those belonging to other disadvantaged groups, to access lasting employment and decent work. The Committee also requests the Government to provide updated information on the nature and measures taken with regard to other disadvantaged groups who face difficulties in accessing and remaining in employment, such as older workers, persons with disabilities, migrants, refugees and the long-term unemployed.

Education and training policies and programmes. The Government reports that, as of the first semester of 2022, 35 per cent of the economically active population had a basic level of education, while 30.6 per cent had secondary and post-secondary education level and 34.3 per cent a higher education level. The Committee notes that, according to the 2023 EC Report, Portugal continues to face a structural skills deficit in the adult population, with a large share of persons (40 per cent as of 2021) who have not completed more than lower secondary education, as well as skills mismatches, in that the technology and innovation intensive sector, because of its small size, absorbs only a fraction of the available high-skilled workers. In this context, the Committee notes the adoption of a Plan of Action for the Digital Transition (Council of Ministers Resolution No. 30 /2020 of 21 April), whose objectives include strengthening the digital skills of the Portuguese population, to promote their employability and social inclusion. It also notes vocational training programmes for young persons, such as the Youth + Digital Programme, which provides young persons with training aimed at digital skills acquisition, UPSkill, and Apprenticeship +, which provides job retraining courses aimed at young persons up to 29 years of age. The Committee also notes the adoption of Ordinance No. 179/2021 of 27 August, which established the Certificate Program in digital skills (open to 18–35 year olds registered with the IEFP). The Government further notes the creation in 2021 of a network of 17 Social Employment Incubators in the different regions of the country which, under the auspices of the IEFP, provides support to unemployed persons to develop their digital and job search skills. Additionally, the Government refers to a series of programs to provide education and training, including internships under the ATIVAR.PT program, which also offers financial incentives to enterprises who hire former interns on permanent contracts. The 2023 EC Report refers to the objectives of the Recovery and Resilience plan for Portugal, approved in 2023, which aim to address existing challenges, including in the area of education and skills. The Committee requests the Government to provide updated information, disaggregated by sex and age, with respect to the number of persons benefitting from the training programs provided by the Institute for Employment and Vocational Training, particularly the digital training program, and the impact of the education and training on their access to lasting employment and decent work. It further requests the Government to provide information on measures taken under the Recovery and Resilience Plan relevant to the provisions of the Convention, including in education, skills development and lifelong learning.

Job creation in small and medium-sized enterprises (SMEs). The Committee notes the information provided by the Government relating to measures taken to create and improve a conducive environment within which SMEs can grow and thrive, thereby creating opportunities for decent jobs. In this respect, it notes the conclusions of the 2023 EC Report that SME growth in Portugal is hampered by low investment in research and development and digital uptake, with SMEs facing many challenges in digitalization. In this context, it notes the information provided by the Government regarding the creation in 2021 of a network of 17 Social Employment Incubators in the different regions of the country which, under the auspices of the IEFP, provide support to unemployed persons to develop their digital and other skills, as well as their job search skills. The Committee requests the Government to continue to provide information on the nature and impact of the measures taken to improve the business environment in order to promote the creation and development of SMEs and create quality jobs for unemployed persons, particularly with respect to young persons and other disadvantaged groups.

Judicial decisions. The Committee invites the Government to continue to provide copies of judicial decisions relevant to the application of the provisions of the Convention.