Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Portugal

Convention (n° 100) sur l'égalité de rémunération, 1951 (Ratification: 1967)
Convention (n° 111) concernant la discrimination (emploi et profession), 1958 (Ratification: 1959)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

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

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3. Equality of opportunity and treatment for men and women. Addressing sex discrimination, gender stereotypes and occupational segregation. The Committee notes the adoption of a new Action Plan for Gender Equality (PAIMH) for the period 2023–26, in the framework of the National Strategy for Equality and Non-Discrimination 2018–30 (ENIND), as well as of Law No. 13/2023 amending the Labour Code, which extends paternity leave and strengthens protection against discrimination linked to parental and caregiving rights (sections 25.5, 25.7 and 43.1). The Committee welcomes the recent legal reforms. The CGTP-IN reports that, despite these initiatives, little progress has been achieved in practice, with women still under-represented in leadership and technical fields and traditional gender roles reinforced in education and society. The CIP argues that legislation alone cannot overcome these barriers, emphasizing the need to address societal attitudes, career segregation, and insufficient childcare infrastructure through practical cooperation between policymakers and social partners. The United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) similarly expressed concern about entrenched stereotypes and the unequal burden of unpaid care work limiting women’s participation in the labour market (E/C.12/PRT/CO/5, 30 March 2023, para. 14). The Committee urges the Government to: (i) address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values; and (ii) intensify efforts, together with the social partners, to achieve substantive gender equality, challenge occupational segregation, and provide updated data on men’s and women’s participation across sectors and occupational levels.

Gender equality plans. The Committee notes, from the observations made by the CIP that, according to the 2023 Progress Report on Equality Between Women and Men in Work, Employment and Vocational Training published by the Government, 127 enterprises out of a total of 451 (i.e. 28 per cent) had submitted an equality plan to the Commission for Equality in Labour and Employment (CITE), pursuant to section 7 of Law No. 62/2017 of 1 August 2017, out of which only 65 plans met all the legal requirements. It further notes the Government’s indication, in its report, that, despite training and awareness-raising conducted, compliance remains weak, partly because there are no penalties for non-submission and limited understanding among employers of the strategic value of equality plans for improving workplace equality and human resource management. The Committee urges the Government to: (i) identify the obstacles preventing enterprises (including public enterprises) from fulfilling their obligations; (ii) strengthen awareness and training for both employers and workers; and (iii) report on the measures taken and their impact on the number and quality of equality plans submitted by both public and private entities.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. Migrants, refugees, foreign workers and people of African descent. The Committee welcomes Portugal’s efforts to ensure equality of opportunity and treatment irrespective of race, colour, national extraction, or social origin, focusing on migrants, refugees, foreign workers, people of African descent, and Roma communities. The Committee takes note, from the Survey on Living Conditions, Origins and Trajectories of Population Resident in Portugal (ICOT), published by the National Statistics Institute (INE), that in 2023, 16.1 per cent of people aged 18 to 74 (more than 1.2 million) experienced discrimination in the country, of which 40.1 per cent referred to skin colour, territory of origin or ethnic group. In this context, the Committee welcomes the creation of the Commission for Equality and Against Racial Discrimination (CICDR) by Law No. 3/2024 of 15 January 2024, which includes representatives from workers’ and employers’ organizations. The CICDR: (1) aims at preventing and combating discrimination based on racial and ethnic origin, colour, nationality, language, descent, and territory of origin; and (2) is competent to collect and disseminate information, and to receive complaints and initiate administrative proceedings. In this regard, the Committee notes that, in its observations, the CGTP-IN indicates that the necessary measures to make the CICDR function have not been taken. It also reiterates that discrimination in labour and employment persists against migrants, refugees and foreign workers, who are mostly less qualified workers, more precarious, with lower pay and more subject to occupational accidents, without any concrete measures taken to address such discrimination. The CGTP-IN adds that there has been some intensification of racism, xenophobia and discrimination, fuelled by the proliferation of hate speech and violence. In that regard, the Committee notes that, in its concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern at reports indicating that Africans and people of African descent are victims of multiple and intersectional forms of racism and discrimination in significantly higher proportions than other groups, particularly in the workplace and in terms of access to employment, education and social security (CERD/C/PRT/CO/18-19, 24 May 2023, para. 29). Finally, the Committee notes that the European Commission against Racism and Intolerance (ECRI), in its Report on Portugal published on 18 June 2025, while noting some progress in the recent years, expressed concern at the sharp rise in hate speech in the country, predominantly targeting migrants and Black people, and the lack of a specific action plan for the integration of migrants.

Roma people. The Committee acknowledges ongoing initiatives – such as the extension of the National Strategy for Integration of Roma Communities, education and employment programmes, and the development of a Manual of Local Practices – but notes that Roma communities continue to face deep-rooted discrimination. Data show that over half of Roma adults report experiencing discrimination, they remain over-represented among the lowest income groups, and their labour market participation and educational outcomes lag behind the general population. Both the CERD and ECRI, in its 2025 Report, observe that Roma people remain among the most marginalized communities in Portugal, with inadequate funding and mostly short-term projects limiting progress and urge the Government to intensify efforts, including special measures, to promote Roma inclusion in quality education, sustainable employment, and broader social integration (CERD/C/PRT/CO/18-19, 24 May 2023 paras 27 and 28).

The Committee urges the Government to intensify efforts to combat stereotypes and prejudices against migrants, refugees, foreign workers, people of African descent, and Roma communities, ensuring equal opportunity and treatment in employment and occupation. It requests the Government to provide detailed information on the measures taken to prevent and address discrimination – particularly through collaboration with employers’ and workers’ organizations and the effective operation of the Commission for Equality and Against Racial Discrimination – as well as assessments of their impact and data on discrimination complaints and their outcomes. With respect to Roma people, the Committee calls for continued, sustainable efforts to improve their access to education, vocational training, and the labour market, supported by evidence of progress and evaluation of results.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap. The Committee welcomes the Government’s ongoing initiatives to promote equal pay between men and women, including awareness-raising activities by the CITE, which awarded gender pay equality seals to over 17,000 enterprises in 2022 and 14,000 in 2023. It takes note of the 2023 publication of a Portuguese Standard (NP 4588:2023) and a technical report (TR 4589:2023) designed to help organizations implement equal pay systems and understand their legal obligations. The CIP nonetheless highlights that these tools are not widely accessible and that the gender pay gap results from multiple interconnected factors – such as direct discrimination, occupational segregation, stereotypes, and work–life balance issues – requiring joint efforts from policymakers and social partners. The Committee notes that, according to the 2025 Gender Wage Gap Barometer, the overall gender pay gap has narrowed slightly since 2018 but remains significant at 12.5 per cent for basic salary and 15.4 per cent for total earnings, with the largest disparities in sectors like finance, education, and healthcare. Women continue to be under-represented in higher-level positions despite having higher qualifications, with the pay gap in managerial roles exceeding 24 per cent. The Committee also notes that the CITE received only one complaint of unequal pay between 2021 and 2024, suggesting limited enforcement or awareness. In that regard, the Committee notes that, in its concluding observations, the CESCR, noted the insufficient means of monitoring the compliance of the safeguards put in place to address the gender pay gap (E/C.12/PRT/CO/5,30 March 2023 para. 20). The Committee urges the Government to strengthen efforts to close the gender pay gap, address its structural causes, and provide detailed data on pay disparities by sector, occupation, and gender across both public and private employment.

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