Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report has not been received. The Committee notes the comments made by the International Trade Union Confederation (ITUC) by communications dated 26 August and 9 September 2009 concerning anti-union dismissals and blacklisting. The ITUC further refers to the poor bargaining power of workers vis-à-vis employers, due to the fact that many workers do not have a formal employment contract. The Committee requests the Government to send its observations in this respect.

Scope of the Convention. Domestic workers. In previous comments the Committee had noted that Act No. 2/99/MM provided for the right of association without authorization of domestic workers and requested the Government to take measures to ensure that the legislation also affords the guarantees set out in this Convention, including collective bargaining. The Committee reiterates its request.

Article 6 of the Convention. The Committee recalls that in a previous comment, it requested the Government to indicate the provisions which guarantee the right of public servants who are not engaged in the administration of the State to collective bargaining as well as protection against acts of anti-union discrimination and interference. The Committee reiterates its request.

Protection against acts of anti-union discrimination. The Committee recalls that in its previous comments, it referred to sections 47 and 48 of Decree No. 74/89 on labour relations, which provided that the employer could have recourse to the unilateral termination of the employment of a worker irrespective of the reason, through the payment of compensation, and that in the case of unilateral termination of employment, the employer had to pay double compensation. The Committee notes the adoption of Act No. 7/2008 on labour relations that derogates Decree No. 74/89. The Committee notes that new Act 7/2008 is not applicable to public servants and apprentices and that a special legislation will regulate the rights of non-resident workers, seafarers and part-time workers. The Committee further notes that articles 6 and 10 of the Act prohibit any acts of discrimination against workers due to their union membership or the exercise of their rights, and provides for sanctions in case of violation of these provisions (from 20,000 to 50,000 patacas equivalent to US$2,500 to 6,200). In this respect, the Committee recalls that all workers (including public servants, apprentices, non-resident workers, seafarers and part-time workers) should enjoy the rights enshrined in the Convention, with the only possible exception of public workers in the administration of the State, the armed forces and the police. The Committee requests the Government to communicate any special legislation which affords to public servants, apprentices, non-resident workers, seafarers and part-time workers, the rights enshrined in the Convention, including adequate protection against anti-union discrimination acts and the right to collective bargaining.

Article 2. The Committee notes that new Act 7/2008 does not contain any provision explicitly prohibiting acts of interference, or guaranteeing adequate protection to workers’ organizations against acts of interference by employers or their organizations by means of dissuasive sanctions and rapid and effective procedures. The Committee requests the Government to take measures to ensure that such protection is afforded by the legislation.

Article 4. In its previous comments, the Committee had requested the Government to indicate whether, in cases where a trade union exists in the enterprise or the institution, a group of non-unionized workers could bargain collectively and whether there were other legislative provisions, in addition to section 6 of Decree-Law No. 24/89/M, which regulate collective bargaining. The Committee notes that new Act No. 7/2008 abrogates Decree-Law No. 24/89/M, but does not contain provisions on collective bargaining. The Committee requests the Government to indicate the provisions that currently regulate the right of collective bargaining.

The Committee recalls that in its previous observation it had taken note of a draft Law on the Fundamental Rights of the Unions which was subject to deep consultations. The Committee requests the Government to indicate the status of this draft Law and whether it will address all the issues dealt with by the Committee. The Committee further requests the Government to take the necessary measures to ensure the full application of the Convention and to provide information on any developments on these matters.