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With reference to its observation, the Committee requests the Government to supply information on the following points.

Article 21(a)–(g) of the Convention. Content of the annual general report. The Committee notes the numerous legislative texts adopted in 2007 and 2009 concerning the structure and operation of the Authority for Conditions of Work (ACT).

It also notes the detailed information contained in the report of the ACT and also in the regional report for the Azores for 2008. The general report indicates that, during 2008, a total of 71,442 inspections were conducted in 62,477 workplaces. Moreover, the ACT also provided technical advice in 65,169 cases and responded to 16,675 requests for inspection. As regards the Azores, the Committee notes that 2,082 inspections were conducted, of which 433 related in particular to occupational safety and health. The sector subject to the most surveillance is civil engineering, with 424 inspections conducted, compared with 299 in commerce, 148 in the catering sector, 75 in the cleaning services sector, and 60 in the sphere of office work.

With regard to action by the inspectorate in Madeira, the Committee notes the Government’s indication that the report concerning this region will be sent in due course. The Committee requests the Government to continue to supply detailed statistics on the inspection activities of the ACT for mainland Portugal and also for the regions of the Azores and Madeira.

Moreover, as regards the impact of the restructuring of the inspection services within the ACT, the Committee notes the Government’s indication that this cannot be evaluated at present because of a lack of available information. The Committee requests the Government to keep the Office informed of any developments in this area and to supply information on the impact of the restructuring of the inspection services within the ACT as soon as this is available.

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Articles 3(1)(a) and (b), 17 and 18, of the Convention. Distribution of inspection activities between the objectives of prevention and enforcement. Further to its previous comment concerning the observations made by the Confederation of Portuguese Industry (CIP), the Confederation of Trade and Services of Portugal (CCSP), the Portuguese Confederation of Tourism (CTP), the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union  (UGT) concerning the priorities to be given to labour inspection activities, the Committee notes the Government’s indication to the effect that a project for the creation and development of a new website was launched on 12 May 2008. This new site for the Authority for Conditions of Work (ACT) includes the preparation of new explanatory files and the restructuring of the format. In a communication received on 14 September 2009, the UGT repeats its observations and indicates that combating fraud and violations of the legislation must be a priority and the inspection services must be reinforced accordingly. The Committee requests the Government to send any comments that it may wish to make in reply to the observations from the UGT and to supply any relevant information concerning the development of the abovementioned website.

Article 5(a). Effective cooperation between the inspection services and other government services. The Committee notes with interest the indication to the effect that as regards effective cooperation between the inspection services and other government services and, in particular, judicial bodies, the courts inform the ACT of the judgments and other decisions that they issue. In this respect, the Committee notes the numerous court decisions attached to the Government’s report. Some decisions are analysed by the ACT services with a view to a possible review not only of the evaluation criteria used in cases of infringement but also of the inspection procedures themselves. The law enables the courts to have recourse to the ACT when they consider that to be useful for resolving a matter and taking an appropriate decision, and a member of the labour inspection staff may attend hearings in this context. In this regard, Act No. 101 of 12 May 2009 approving the procedure applicable to employment relations and social security strengthens the participation of the ACT in judicial procedures. The Committee requests the Government to continue to supply copies of relevant court decisions as well as any information concerning the strengthening of effective cooperation between the inspection services and other government services, in particular, the judicial bodies.

Article 7. Strengthening the inspection services. Adequate training. In its abovementioned communication the CIP indicates that the ACT should focus on education and information rather than enforcement. As regards strengthening the inspection services, particularly through training, the Committee notes that in 2007 the ACT established 32 programmes of further vocational training. Two training courses were concerned with the computerized system for registering labour inspection activities, another training course was concerned with digital tachographs in road transport, and 13 courses were concerned with occupational safety and health. The remaining courses mainly dealt with machinery and equipment (4), manual handling of loads (4), safety in the construction industry (3), road transport (4) and the prevention of electrical risks. In 2008, a total of 46 programmes were established, including six on the computerized system for the registration of labour inspection activities, four on road transport, two on the participation of minors in performances and other artistic activities, four on temporary work and four on occupational safety and health in agriculture and forestry. The remaining courses mainly dealt with the manual handling of loads (7), machinery and equipment (3), undeclared work and other forms of illegal work (4), exposure to asbestos at work (4), physical hazards (4) and chemical hazards (4). The Committee requests the Government to continue to supply information on any measure or initiative for strengthening the inspection services. It also requests the Government to indicate the impact, if any, of the training given on inspectors’ working methods and their capacity for detecting infringements of the labour legislation.

Articles 10 and 16. Numbers of inspection staff and inspection visits. The Committee notes the new observations made by the CIP and UGT concerning numbers of inspection staff and inspection visits. The CIP indicates that, according to the information available on this subject, the number of inspections increased between 2003 and 2007 (from 40,083 to 60,989) and then decreased between 2007 and 2008 (from 65,284 to 60,989). The number of fatal and non‑fatal industrial accidents also decreased. The UGT reiterates that the inspection services must be reinforced in order to make them more effective. During the tripartite discussions which took place concerning a new system of labour relations, the UGT indicated its wish to see the commitment to strengthen the effectiveness of the labour legislation made a reality, declaring that the making of this commitment was an essential prerequisite for the conclusion of any agreement. The union emphasizes that the Government has kept its promise to boost staff numbers by employing a total of 400 inspectors by the end of 2009 and guaranteeing an increase in the future in order to maintain staffing levels, as well as undertaking to increase the number of technicians and/or administrative staff by recruiting at least 50 persons per year in 2009, 2010 and 2011. The UGT hopes that the expected staff recruitment will indeed take place in line with the agreement concluded. In this respect the Committee notes the information supplied by the Government to the effect that, as at 31 December 2008, the ACT comprised 311 labour inspectors, including 39 with managerial and supervisory duties and eight performing their work within other structures. A notice of 19 July 2007 announced the opening of an external competition for entry to occupational training with a view to taking up a post as labour inspector. Accordingly, 150 trainees were admitted to the inspectorate on 11 May 2009, thereby increasing the number of serving inspectors. The Committee requests the Government to continue to supply information on any measure or initiative taken with a view to strengthening the numbers of labour inspectors. It also requests the Government to supply up-to-date information on the number of inspectors, trainees, technicians and administrative staff currently in service.

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

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Also referring to its observation, the Committee requests the Government to supply further information on the following points.

Further to its previous comments, the Committee notes the additional information supplied by the Government with regard to the division of the IDICT (Institute for the Development and Inspection of Conditions of Work) into two bodies: the General Labour Inspectorate (IGT) and the Institute for Occupational Safety, Hygiene and Health (ISHST). It notes that the IGT is the service which enforces the legislation concerning conditions of work, employment, unemployment and the collection of social security contributions. It also notes that the ISHST is the central authority responsible for the implementation of occupational health, safety and welfare policies at national level and has administrative and financial independence. Also noting that Legislative Decree No. 211/2006 amending the Organic Act of the Ministry of Labour and Social Solidarity has established the Authority for Conditions of Work (ACT), which is the umbrella organization for the IGT and ISHST, the Committee would be grateful if the Government would supply information on the impact of this restructuring on the working of the labour inspectorate.

With reference to its previous comments, the Committee hopes that the Government will ensure that an annual report on inspection activities in the autonomous regions of the Azores and Madeira containing information on the subjects covered by Article 21(a)–(g) will be published and sent to the ILO in the form and according to the deadlines prescribed by Article 20.

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The Committee notes the Government’s report for the period ending 31 May 2007 in reply to its previous comments; the annual report on the work of the General Labour Inspectorate for 2006; the report on the application of the Convention; the labour inspection activity plan for the autonomous region of the Azores; and also additional information supplied by the General Labour Inspectorate with regard to the application of the Convention. It also notes that Legislative Decree No. 211/2006 issuing the Organic Act of the Ministry of Labour and Social Solidarity; Regional Legislative Decree No. 19/2006 on the application of the Labour Code and its implementing regulations in the autonomous region of the Azores; and Regulatory Decree No. 2/2007/A issuing the Organic Act of the Regional Secretariat for Education and Science (SREC).

The Committee notes the comments regarding the application of the Convention, attached to the Government’s report, originating from the Confederation of Portuguese Industry (CIP), the Confederation of Trade and Services of Portugal (CCP), the Portuguese Confederation of Tourism (CTP), the General Confederation of Portuguese Workers (CGTP-IN) and the General Union of Workers (UGT).

1. Article 3, paragraph 1(a) and (b), and Articles 17 and 18 of the Convention. Distribution of inspection activities between the objectives of prevention and enforcement. The employers’ organizations (CIP, CTP and CCP) advocate redirection by the labour inspectorate of its activities to place the focus on its preventive role instead of giving priority to prosecuting employers who have committed violations. These organizations call in particular for actions to raise awareness of social values and provide information and advice of a pedagogical nature or for the development of a policy of prevention, education and awareness raising for all players in the labour market, not only for employers and workers.

The opinions of the workers’ organizations diverge on this point. The CGTP-IN considers that the emphasis placed on information and pedagogical activities by the labour inspectorate is detrimental to enforcement activities. The result is a climate of impunity which reduces the effectiveness of the labour legislation. In the opinion of the CGTP-IN, the labour inspectorate is exceeding its competence by publishing an interpretation of the provisions of the Labour Code on its web site. Some of these entries, drawn up on the basis of specific cases (an enterprise, activity or branch of activity covered by a collective labour agreement), have no general applicability and may be a source of errors in the evaluation of situations. The UGT considers that the enforcement function should preferably target certain violations, such as those relating to the keeping of registers of temporary employment contracts, bogus self-employment, hours of work, overtime and overtime payments. The UGT also considers that labour inspectors should receive training aimed at improving their understanding of the legislation in the light of its complexity and the gaps it contains.

The Committee notes that, according to the information supplied by the Government, measures have been taken to remedy some of the deficiencies noted by the employers’ and workers’ organizations, particularly as regards the adaptation of inspection activities to the needs expressed. Accordingly, in consultation with the regional services and the social partners, the General Labour Inspectorate has decided to launch systematic inspection operations targeting the sensitive areas of labour legislation mentioned above and also activities involving a high risk of industrial accidents. The Government also states that the inspectorate is also seeking to develop parallel inspection and advisory activities in the area of conditions of work, as provided for by the Convention. Penalties are imposed on employers in the case of violations which are considered serious or very serious. In this respect, the Committee notes with interest the communication of decisions issued by the courts with regard to employers who are guilty of violations of the legal provisions covered by the Convention and with regard to rest days, atypical work, and employment contracts.

In response to the criticism voiced by the CGTP-IN concerning the risk of misinterpretations of the explanatory notes posted on the web site of the General Labour Inspectorate, the Government emphasizes that, to prevent any error of interpretation, users’ attention is always drawn to cases involving an issue that has to be settled pursuant to a collective labour agreement. It considers that the labour inspectorate promotes conditions of work by supplying technical information and advice to employers, workers or their representatives regarding the best way to apply the legislation and by imposing penalties on those guilty of violations. In this respect, the Committee notes with interest, in the annual inspection report for 2006 and the additional information sent subsequently by the labour inspectorate, the statements referring to a significant development of inspection activities and the distribution thereof according to the subject covered. The increase in the number of users of services provided by the inspectorate, whether at the “Citizens’ Centres” or inspection offices or on the web site of the General Labour Inspectorate (http://www.igt.gov.pt), which has a special section for frequently asked questions, testifies to the growing interest in the services provided.

Finally, the Committee notes with interest that the General Labour Inspectorate publicizes its activities on a broad scale through participation in numerous events such as conferences and seminars, through television programmes and training and educational activities on health and safety undertaken in educational establishments, and through the distribution of books, brochures and leaflets.

The Committee would be grateful if the Government would send to the Office its assessment of the accuracy of the information posted on the Inspectorate’s web site. The Government is also asked to continue supplying information on the measures taken to promote activities of a pedagogical nature while continuing to prosecute in an effective manner, i.e. with a dissuasive effect, those responsible for violations of the legislation concerning conditions of work and the protection of workers.

2. Articles 10 and 16. Staff numbers of the labour inspection services and inspection visits. The Committee notes that the issue of numbers of labour inspectors in relation to the requirements to be covered is raised by both employers’ and workers’ organizations. Although the CIP welcomes the increase in inspection visits in recent years and appears to attribute the reduction in child labour and industrial accidents to this heightened presence in enterprises, the CTP hopes for an increase in the numbers of labour inspectors and their resources to enable the implementation of a cross-cutting prevention policy and observes that, according to recent data, the national ratio of inspectors to workers is particularly low. The CGTP-IN notices a continuing reduction in the number of serving inspectors in relation to the posts provided for in the budget, pointing out that out of 538 posts provided for, only 200 are actually filled at present, with a consequent decrease in the number of inspection visits. This view is echoed by the UGT, which emphasizes the need to reinforce the staff and the material resources of the labour inspectorate.

The Committee observes that the Government has not supplied the information which it requested in its previous comments concerning the reasons for the continuing decrease in the number of inspectors. However, it notes that 36 inspectors commenced their duties in May 2007 after completing their training and that it is planned to organize a competition to recruit 100 additional inspectors. The Committee would be grateful if the Government would continue to keep the Office informed of the measures taken to reinforce the number and qualifications of labour inspection staff.

3. Article 5(b). Promoting collaboration between the inspection services and the employers and workers. With reference to its previous comments, the Committee notes with interest that a national action plan for prevention (PNAP), in the context of the National Council for Occupational Safety and Health (CNHST), has been drawn up pursuant to Resolution No. 104/2004 of the Council of Ministers. This plan contains the following components:

–           raising the awareness of employers, workers and occupational health physicians and nurses;

–           execution of national, regional and local occupational risk prevention programmes;

–           training of the social partners in the field of occupational safety and health;

–           improving the statistics of industrial accidents and cases of occupational disease.

The Committee also notes with interest that it is planned, in the context of a plan and a programme on growth and employment (2005–08), drawn up in consultation with the social partners within the Standing Committee for Social Cooperation, to take steps, through social dialogue to improve conditions of work and reconcile the rights of workers with the capacity of enterprises for adaptation. These measures include prevention services in enterprises, in particular reinforcing inspection activities in high-risk areas of work. The Committee would be grateful if the Government would keep the Office informed of any developments in this regard.

The Committee is raising a number of other points in a direct request to the Government.

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The Committee refers the Government to its observation and notes that pursuant to Article 38(5) of Legislative Decree No. 171/2004, the General Labour Inspectorate and the Institute for Occupational Safety, Health and Hygiene have replaced the Institute for the Improvement and Inspection of Working Conditions (IDICT). The Government has asked to indicate whether all IDICT’s areas of responsibility have been transferred to the new institute and to provide a copy of any relevant texts.

With reference to its previous comments and noting with interest the tables pertaining to labour inspection activities in the Azores, the Committee notes that, in its report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Government states that it is envisaging individual annual inspection reports for the two autonomous regions of the Azores and Madeira. The Committee hopes that such reports will be published and duly communicated to the ILO.

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The Committee notes the Government’s report for the period ending on 31 May 2005 and the replies to its previous comments. It also notes the inspection reports for the years 2002 to 2005 and the recently adopted laws: Act No. 99 of 27 August 2003 issuing the Labour Code and Act No. 35 of 29 July 2004 amending Legislative Decree No. 171 of 17 July 2004 on the structure of the Ministry of Social Security and Labour and the creation of the Institute for Occupational Safety, Health and Hygiene (to replace the IDICT), Legislative Decree No. 8 of 6 January 2005 on the organizational structure of the Ministry of Economic Activities and Labour, Legislative Decree No. 79 of 15 April 2005 on the structure of the Government, which creates the Ministry of Labour and Social Solidarity, Regional Regulatory Decrees No. 27-A of 28 August 2003 and No. 38‑A of 11 December 2004, relating respectively to the structure of the regional secretariat for education and culture of the autonomous region of the Azores and the administrative structure of the regional government of the Azores.

The Committee notes with interest the various decisions of the Constitutional Court and the courts of appeal of Lisbon, Evora and Porto imposing fines on enterprises for breach of the legal provisions on working hours, safety at work, leave, freedom of association, etc. The Committee lastly notes the comments made by the Portuguese Confederation of Tourism, the General Workers’ Union (UGT) and the Confederation of Portuguese Industry (CIP) on the application of the Convention, sent by the Government with its report, and of the Government’s views on the matters raised.

The Portuguese Confederation of Tourism believes that it is time to remedy the notorious failure to punish breaches of labour law and that the problem facing the country is a lack of information and of effective measures to end prevarication. Furthermore, the law should be implemented as part of a policy of prevention, an aspect hitherto neglected in favour of a policy of inspection and supervision. Lastly, although the creation of independent institutions to train labour inspectors is very important, it is a matter worth debating only if the human resources are there to cover the needs.

Though it welcomes the increase in the activities of the general inspectorate and the reduction in child labour and the number of fatal occupational accidents in all sectors of economic activity, the CIP, like the Portuguese Confederation of Tourism, regrets that the measures taken by the General Labour Inspectorate still focus more on sanctioning than on educating and informing.

The UGT is of the view that special attention should be paid to offences concerning the register of temporary work contracts, false self-employment, temporary work, false absences (including alleged sick leave), breaches of the rules on hours of work, unlawful overtime and even unpaid overtime, and arbitrary dismissals. Although it regrets that the strength of the inspectorate was reduced from 294 in 2003 to 280 in 2004, the UGT nonetheless welcomes the increase in the number of inspections and is in favour of further intensifying them. It believes that although human and material resources need to be increased, it is equally important that measures be taken to ensure that inspectors are able to interpret the law properly because of its complexity and shortcomings, which are frequently pointed out. The CGT believes that it ought to be possible for the unions to follow inspectors’ work more closely and to have better access to information on the inspectorate’s current activities and relevant forums for tripartite dialogue.

The Committee observes that, for the most part, the organizations’ comments concern matters that were already examined at the 1998, 1999 and 2003 sessions.

1. Article 3, paragraph 1(a) and (b), of the Convention. Supervisory and preventive functions of the labour inspectorate. The Committee notes with interest the information in the annual inspection reports showing that the provision of information and technical advisory services evolved significantly in the period from 2001 to 2004, particularly in “Citizens’ Centres”. It also notes the increase in the total number of inspections during the same period and points out that, as it said in paragraph 85 of its General Survey of 2006 on labour inspection, the abovementioned provision gives the same importance to information and advice to employers and workers concerning the most effective means of complying with the relevant legal provisions, the two functions being inextricably linked and representing the two key aspects of labour inspection. The Committee would be grateful if the Government would continue to provide information on developments in the advisory and informative role played by the labour inspectorate.

2. Article 5(b). Cooperation with employers and workers. Further to its previous observation, in which it noted the signing of an agreement in February 2001 with the social partners of an agreement on working conditions, occupational health and safety and occupational risk control, the Committee would be grateful if the Government would provide detailed information on progress in the activities carried out under the agreement. Please also provide information on any new measures taken or envisaged to encourage cooperation and dialogue between the inspection services and the social partners, and state the areas covered by such cooperation.

3. Articles 7, paragraph 3, 10 and 11. Strengthening of the staff of the inspection service, and expansion of its areas of action and material resources. The Committee notes with interest, the establishment in 2004 of the National School for Labour Inspection, Studies and Training, the aim of which is to develop the professional skills needed for inspection activities. It also notes that, according to the Government, the annual continuous training programme for inspectors is set according to needs and priorities. Furthermore, in 2004, 34 inspectors, five of whom were assigned to the Azores regional inspectorate, underwent training in order to graduate from labour inspector to technical inspector which consisted of 90 hours of theory and 40 hours of practical training over a two-month period. On the subject of continuous training for labour inspectors, the Committee notes that between 2002 and 2005, various courses and seminars were held on subjects such as the drafting of activity reports on occupational safety and health; chemical and biological risks; the Labour Code and its regulations; safety of machinery; prevention of risks; document management; and labour law.

With regard to the strength of the labour inspectorate, the Committee notes that of the 538 posts budgeted for inspectors for the years 2001-05, only 261 were filled in 2001, 257 in 2002, 294 in 2003, 280 in 2004 and 266 in 2005. The Committee requests the Government to explain why the number of serving inspectors dropped between 2003 and 2005 and to provide information on any measures taken or envisaged to fill the vacant posts in the inspectorate.

4. Article 18. Appropriate and effectively applied penalties. The Committee notes the system of penalties established in articles 614-689 of the Labour Code, the various court decisions regarding the imposition of penalties for violations of the legal provisions enforceable by labour inspectors and the statistics on offences committed and penalties imposed from 2002 to 2005. However, the Committee would be grateful if the Government would give any views it deems relevant on how it ensures that labour inspectors fulfil their ethical obligations in performing their enforcement duties. Please also provide information on any measures taken to ensure that inspection activities, legal actions brought and sanctions imposed are given sufficient publicity to strengthen the credibility of the profession.

The Committee is addressing a request directly to the Government on other matters.

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With reference to its observation, the Committee draws the Government’s attention to the following point.

Application of the Convention to the autonomous regions of the Azores and Madeira. With reference to the Government’s report on Convention No. 129 in which it indicates that the annual inspection report does not cover the autonomous regions of the Azores and Madeira, the Committee would be grateful if the Government would take the necessary measures to ensure such coverage for this Convention as well and to keep the Office informed.

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The Committee notes the Government’s reports, the replies to its previous comments and the attached documentation. With reference to its previous comments on the absence of statistics on cases of occupational disease in the last annual inspection report, the Committee notes with satisfaction the inclusion of these data in the annual reports for 2000 and 2001. Further to its previous comments on the observations made by the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers (CGTP), the Committee notes the information provided by the Government in reply.

The CIP states that it is satisfied with the development of the results of the inspection activities, in particular in the area of child labour; it nevertheless recommends that the inspection activities be directed towards less repressive, and more instructive and informative actions. The CGTP on the other hand considers that the main obstacle to more efficient inspection services is the lack of human and material resources. While commending the significant progress in inspection activities, in particular in the area of child labour, it nevertheless considers that the relevant statistics and inspection reports do not reflect the real situation. Many infringements go unpunished and the number of employment accidents and cases of occupational disease is still high. The CGTP deems that, in order to achieve the desired dissuasive effect, the sanctions imposed should be in proportion to the seriousness of the infringement of the legislation supervised by the labour inspectorate and that by increasing the number of labour inspectors, even during targeted inspection campaigns, it would be possible to avoid leaving totally unsupervised the areas of labour law and the geographical regions not included in these campaigns.

1. Labour inspection and child labour. The Committee notes with interest the intensification of inspection activities to combat child labour in collaboration with other institutions and organizations, such as the "surprise" inspections carried out since 1997 in enterprises considered at risk due to the branch of activity, the number of workers and the economic and social circumstances. It notes that the total number of "surprise" inspections considerably increased, from 1,462 in 1997 to 7,100 in 2001, and that the number of children in an illicit situation per 1,000 inspections decreased from 114.2 in 1997 to 22.4 in 2000. A consultation with the social partners is envisaged with a view to revising the legislation in order to provide that young jobseekers under 18 years of age shall have completed the period of compulsory schooling and shall receive vocational training during the period covered by the employment contract.

2. Human resources, working conditions and inspection activities (Articles 10, 11 and 16 of the Convention). The Committee notes that the increase in the number of inspectors is being accomplished through training, internal competitions and recruitment (a training session to recruit 66 new inspectors beginning in September 2001, the creation of an internal competition for 45 posts to train for the career of senior inspector and the exceptional recruitment of 80 new labour inspectors, according to the Government’s report). The number of inspections increased from 32,665 in 1999 to 40,231 in 2001, but the total number of workplaces inspected decreased from 43,589 in 1997 to 29,908 in 2001, although there were significantly more health and safety inspections. The Government also alludes to the renovation and refurbishing with equipment of regional offices to improve the inspectors’ working conditions and the user reception service. A database for the exchange of information between the regional and central services of the General Labour Inspectorate (IGT), and between the IGT and the Institute for the Improvement of the Inspection of Working Conditions (IDICT), has been created. The Government also mentions that a large part of this Institute’s parking area is made available to labour inspectors for their occupational needs, and a small amount is allocated to cover travel expenses incurred in the use of personal vehicles for occupational purposes, and travel vouchers and per diems are provided for the labour inspectors’ incidental expenses when away from their place of residence.

3. The advisory and informative role of labour inspection (Article 3, paragraph 1(b)). According to the Government, the labour inspection activities are not limited to enforcement but also include providing technical information and advice, as reflected in the annual inspection reports, indicating a decrease in these services between 1994 and 1999, followed by a slight increase between 1999 and 2001, mainly on the initiative of the inspection services. Furthermore, the information activities have been carried out through the collaboration of the IGT with the activities of the "Citizen’s House" in Lisbon, Porto, Viseu, Setúbal, Braga and Aveiro as an integrated response to the information needs of citizens and enterprises, and through the creation of a working group responsible for the formulation of a project to reorganize the labour inspection information system.

4. Cooperation with other government services and public or private institutions and employers’ and workers’ organizations (Article 5(a) and (b)). According to the Government, the IGT carries out inspection activities in collaboration with other services, including the inspection services for social security, finances, immigration and border control, and, in the context of the occupational safety policy, the Government mentions the signing in February 2001, with the social partners, of an agreement on working conditions, occupational health and safety and occupational risk control. In the context of this agreement, an action plan to reduce the number of employment accidents and cases of occupational disease in the most vulnerable sectors is envisaged, as well as a national action plan for prevention; the reactivation of the National Occupational Health and Safety Board; the creation of a prevention observatory, the reinforcement of collaboration between the Centre for Prevention of Occupational Risks and other bodies concerned; the revision of the national lists of incapacities resulting from employment accidents and of cases of occupational disease; the adoption or amendment of specific occupational safety legislation in the sectors most prone to employment accidents; the restructuring of the statistical system for recording occupational accidents and cases of occupational disease and the measures for effective follow-up of cases of occupational disease.

5. Status and conditions of service of labour inspectors (Article 6). The Committee notes with interest the adoption of Legislative Decree No. 102/2000 of 2 June 2000 on the status of the General Labour Inspectorate; Regional Regulatory Decree No. 14/2001/A of 22 October 2001 on the status of Regional Labour Inspectorate of the autonomous region of the Azores; and Regulatory Decree No. 32/2002/A of 19 November 2002 on the definition and structure of the careers of the technical inspection personnel of the autonomous region of the Azores.

The Committee requests the Government to continue to provide information on any change in the labour inspection situation and a copy of any relevant texts, including the text which affords the basis in law for granting travel vouchers and per diems to inspectors on mission away from their place of residence, and the agreements signed between the IGT and other organizations and institutions mentioned in the report.

The Committee is addressing a request directly to the Government on another point.

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Referring to its previous comments in particular concerning the observations made by the Confederation of Portuguese Industry (CIP), the Committee notes the Government’s report and the new observations from the same organization and those formulated by the General Confederation of Portuguese Workers (CGTP). The Committee has also noted that the Government has supplied information on the subjects raised by both organizations, and proposes to examine the content of such documents during its forthcoming session in 2002.

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Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points.

Articles 10 and 11. Human and material resources. The Committee notes that according to the Annual Inspection Report (1997) the number of inspector positions has decreased from 384 in 1993 to 328 in 1997 and the actual number of inspectors during the same period from 365 to 284. The Committee notes the indication in the Government's report that as of May 1999 the number of senior inspectors and inspectors was 314, plus 11 persons undergoing training to become senior inspectors. In addition, it was expected that a further 50 persons will be admitted on completion of the selection process. The report further indicates that the IGT operates at its headquarters in Lisbon, the seat of its directorate, and in 29 branches of the IDICT, while three regional units are currently being set up. The Committee requests the Government to continue supplying information on changes in the human and material resources of the inspection services and their impact on the effectiveness of inspection activities.

Article 14. Notification of industrial accidents and occupational diseases. With reference to its previous comments the Committee notes that under article 14 of Decree-Law No. 441/91, of 14 November 1991, the employer must notify the IGT of fatal or particularly serious accidents within 24 hours and that under the terms of Decree-Law No. 2/82 of 5 January 1982, doctors must notify the National Centre for Protection against Occupational Risks in all cases where occupational diseases listed in this law are diagnosed in the course of their professional duties within eight days of the diagnosis. In addition, the National Centre for Protection Against Occupational Risks will inform departments and branches of the IGT of cases of occupational disease. The Committee notes however that the latest Annual Inspection Report sent to the ILO (1997) does not contain the statistics of occupational diseases required under Article 21, paragraph (g), of the Convention. The Committee requests the Government to provide information on steps taken to compile such statistics. The Government might wish to refer to the Committee's 1996 general observation in this regard.

Article 16. Frequency and thoroughness of inspection visits. The Committee notes that according to the 1997 Annual Inspection Report the total number of visited establishments has decreased from 76,311 in 1993 to 43,589 in 1997 and the number of establishments visited in respect of safety, hygiene and health for the same period has decreased from 9,437 to 6,642. The Committee asks the Government to indicate the reasons for such decrease and the measures envisaged in order to ensure adequate frequency and thoroughness of inspection visits.

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The Committee notes the Government's report as well as the observations made by the Confederation of Portuguese Industry (CIP).

1. Article 3, paragraph 1(a), of the Convention. Enforcement of legal provisions relating to the employment of children and young persons. In its previous comments the Committee asked the Government to provide information on the development and any intensification of the activities of the labour inspectorate relating to the enforcement of legal provisions respecting the employment of children and young persons, the cases of child labour detected and the penalties imposed. The Committee notes with interest the information provided by the Government in the 1998 Annual Report of the Inspectorate General of Labour (IGT) on child labour and in the preliminary report on the execution of the Plan for the Elimination of Exploitation of Child Labour (PEETI) of February 1999. The Annual Report by the IGT on child labour shows the evolution and impact of labour inspection activities in the field of child labour over a period of ten years during which the minimum age for admission to employment rose from 14 years to 15 in 1992 and to 16 in 1998. IGT's objectives are, among others, to contribute to the eradication of child labour by means of activities directed towards enterprises; to promote adequate conditions of work, particularly as concerns safety, hygiene and health at work; to place the fight against child labour in the framework of the phenomenon of clandestine work and illegal home work. The Committee notes from the Annual Report an intensification of labour inspection visits in the field of child labour control, which resulted in an increase of detected cases of illegal child labour (191 cases in 1998; 167 in 1997). The Committee hopes that the Government will continue to supply information on the activities of the labour inspection in regard to child labour.

2. Article 3, paragraph 1(b), and Article 5. Supply of technical information and advice; collaboration. The Committee notes that the CIP points to a marked improvement in the performance of the labour inspectorate. The CIP considers, however, that the labour inspectorate continues to be fundamentally of a repressive and punitive nature, and that it should strengthen its preventive aspects, particularly in view of the current proliferation of legal standards in the labour sphere. The Committee notes the Government's indication that all departments and branches of the IGT include an information service providing information and dealing with complaints; that inspectors may be accompanied on inspection visits by experts from employers' associations or trade unions, duly accredited by the IGT. The Government also indicates that the Institute for the Improvement and Inspection of Working Conditions (IDICT) has been carrying out sectoral campaigns on the prevention of occupational risks in civil engineering, agriculture and the textile industry, promoted and directed by the IDICT in collaboration with the social partners in the sectors concerned. The Committee requests the Government to continue to supply information on all developments in this regard.

3. Articles 20 and 21. Annual reports. The Committee requests the Government to provide on a regular basis the Annual Labour Inspection Report as required under Article 20, containing the information on the subjects listed in Article 21.

The Committee is addressing a request concerning the application of Articles 10, 11, 14 and 16 of the Convention directly to the Government.

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1. With reference to its observation on the Convention, the Committee notes that the General Confederation of Portuguese Workers (CGTP) expresses doubts concerning the autonomy and independence of the labour inspectorate (IGT) following its integration into the Institute for the Development and Inspection of Working Conditions (IDICT). For its part, the Government considers that its autonomy and independence are guaranteed, particularly by the conditions of service of the officials and the exclusive competence of the IGT in the field of supervision. The Committee requests the Government to indicate the resources in terms of offices and transport facilities made available exclusively to labour inspectors to enable them to discharge their functions in full independence (Article 11 of the Convention).

2. The Committee notes the Government's statement that cases of occupational disease are dealt with by the National Centre for Protection against Occupational Risks, whose medical personnel make the diagnosis and notify these cases to the Institute for the Development and Inspection of Working Conditions. The labour inspectorate also receives annual reports of the prevention services of enterprises (section 24 of Legislative Decree No. 26/94). With reference to paragraphs 86 and 87 of its General Survey on labour inspection, the Committee recalls that notifying the labour inspectorate is not an end in itself, but part of the more general aim of preventing work-related accidents. Its purpose is to enable the labour inspectors to conduct investigations in the enterprise to establish the causes of work-related accidents and occupational diseases and to take measures to avoid their recurrence. The Committee requests the Government to indicate in its next report the legal time-limit for notifying the labour inspectorate of a work-related accident or an occupational disease (Article 14).

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The Committee notes the information provided by the Government in its report for 1997 and in its response to the observations made by the Confederation of Portuguese Industry (CIP) and the General Confederation of Portuguese Workers (CGTP), which were transmitted by the Government with its report.

Articles 3, 5, 17 and 18 of the Convention. Enforcement of legal provisions relating to the employment of children and young persons; information and advice. The Committee notes the information provided by the Government concerning the activities to combat child labour, and particularly those of the general labour inspectorate, which also cooperates with the National Commission for the Elimination of Child Labour. In this respect, the CGTP considers that, although recourse to child labour cannot be entirely and exclusively imputed to the ineffectiveness of inspection activities, it is nevertheless certain that effective and generalized action, particularly in regions, sectors and enterprises in which it is known or suspected that recourse to child labour is more frequent, would play a dissuasive role, particularly if inspections resulted in penalties adapted to the seriousness of the cases (Articles 3, paragraph 1(a), 17 and 18).

The Committee notes the detailed statistics provided by the Government on the specific activities of the labour inspectorate in relation to child labour over the past ten years, and that the figures for 1996-97 show that the violations reported by inspectors relate primarily to non-compliance with the minimum age for admission to employment or work. The Committee requests the Government to provide information on the development and any intensification of the activities of the labour inspectorate relating to the enforcement of legal provisions respecting the employment of children and young persons, the cases of child labour detected and the penalties imposed (Articles 3, paragraph 1(a), 17 and 18). The Committee notes that, for its part, the CIP emphasizes the strengthening of the preventive role of the inspectorate and the Committee recalls the role to be played by labour inspection in supplying technical information and advice to employers and workers and collaborating with them or their organizations (Article 3, paragraph 1(b), and Article 5(b)).

Articles 10 and 11. Human and material resources. The Committee notes the comments of the CGTP concerning the insufficient level of the human and material resources which are necessary for the effective discharge of the duties of the inspectorate, which impedes the detection of cases in which legal provisions are not observed. The Committee notes from the figures provided by the Government that in 1998 there were some 343 labour inspectors (311 in 1997 with 32 entering their functions in 1998) and that the recruitment of 20 new inspectors is also envisaged. The Committee requests the Government to continue supplying information on changes in the personal and material resources of the inspection services and their impact on the effectiveness of inspection activities.

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The Committee notes the detailed report provided by the Government and the information contained in the annual inspection report for 1993. It notes in particular the Government's comments concerning the observations made by the General Union of Workers (UGT) on labour inspection with reference to the work of children and young persons (Article 3, paragraph 1(a), of the Convention), the number of inspectors (Article 10) and the compilation of data on industrial accidents and cases of occupational disease, particularly in the case of victims of accidents who were working illegally (Article 14). It notes in this respect the Government's indications that the labour inspectorate gives absolute priority to labour inspection in relation to young persons and that the number of inspection visits undertaken in this respect increased considerably between 1992 (2,147) and 1994 (5,514). With regard to the number of inspectors, the Committee notes that 32 new labour inspectors should be recruited and should commence their respective training as of the beginning of 1996. The Committee requests the Government to continue providing information on developments in this respect.

With regard to the notification of industrial accidents, the Committee notes that the labour inspectorate has statistical data on the surveys carried out following mortal or grave accidents of which it is notified either through the compulsory communications from employers, or by other means. These communications should make it possible for the inspection services to determine the causes of the accidents and ensure that the appropriate prevention measures are adopted.

The Committee notes that, according to the information contained in the Government's report, the compilation of data on occupational diseases is the responsibility of the National Occupational Disease Insurance Fund, and not the labour inspectorate. It would be grateful if the Government would indicate how notification of cases of occupational disease to the labour inspectorate is ensured, in accordance with Article 14 of the Convention.

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Further to its previous comments, the Committee notes the Government's report, particularly with regard to the application of Article 10 of the Convention and the new texts which have been adopted.

Article 14. The Committee notes with interest that section 14 of Decree No. 441/91 provides that all employers are obliged to notify the general labour inspection service, within 24 hours of its occurrence, of any accident which is mortal or particularly serious. In this respect, it notes the comment made by the General Confederation of Portuguese Workers to the effect that accidents which do not have the above characteristics are not notified to the labour inspection services. The Committee requests the Government to supply information on how effect is given in practice to this provision, and to indicate whether it is envisaged to adopt rules regarding the notification by the employer of other cases of industrial accidents and occupational diseases.

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Article 10 of the Convention. The Committee notes with interest the intake of new inspectors reported by the Government. Please continue to provide information in this regard in future reports.

Article 14. Further to previous comments, the Committee notes that a working group continues in its elaboration of new legislation concerning notification of accidents at work. The Committee also notes that in practice occupational accident statistics are kept and published in the annual report of the inspection services. The Committee hopes the Government will continue to provide information on any new developments.

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Article 10 of the Convention. With reference to its previous comments, the Committee notes with interest the information provided by the Government concerning the recruitment of new labour inspectors. It requests the Government to keep it informed of any new measures that are taken to strengthen the labour inspection services.

Article 14. The Committee notes with regret that no progress has been made towards the adoption of the draft Decree respecting the notification of industrial accidents. It trusts that the Government will take the necessary steps to ensure that the above draft is adopted shortly.