Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes with interest the Government's first report in respect of the application of the Convention, which contains detailed information and the comments made by the General Confederation of Portuguese Workers (CGTP). The CGTP considers that, whilst the legislation is, in general, in conformity with the provisions of the Convention, the supervision of its application in practice is inadequate. The CGTP, in particular, states that a large number of fixed-term contracts are being concluded for permanent positions, which is an infringement of the legislation, for the purpose of evading the regulations which are applicable to termination of contracts. The CGTP also expresses its concern that purported contracts for services are being concluded to conceal a salaried employment relationship as well as the existence of illegal or clandestine labour.

In its response, the Government states that it acknowledges the existence of numerous situations of illegal labour which must be eradicated. In this respect, the Government refers to the Agreement on Concerted Strategies concluded in December 1996 with the social partners (which the CGTP refused to sign) which includes a chapter on legislative measures including prevention and supervision to be adopted in order to eradicate different forms of illegal labour. The Government states that the legislative measures envisaged under this Agreement are in the drafting stage. The Committee would be grateful if the Government could communicate the texts of such legislative measures as soon as they are adopted.

The Committee would be grateful if the Government would provide detailed information in its next report in respect of any new measures which may have been adopted in order to ensure fuller conformity with the provisions of the Convention in practice, in particular to ensure the provision of adequate safeguards, under Article 2, paragraph 3, of the Convention, against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention.

A request regarding certain points is being addressed directly to the Government.