Employer involvement proposed in developing labour legislation

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In autumn 1998, the Portuguese social partners have been discussing a draft bill on employer participation in the development of labour legislation, similar to the participation already enjoyed by workers' organisations. The unions see the proposals as either just a formal recognition of a practice that has been in existence for some time, or a strengthening of the employers' position in the socio-political balance of forces. The employers see the draft simply as the recognition of a right.

A draft bill that would involve employers in the process of developing labour legislation, in the same way as workers' organisations are already involved, has been under discussion in the Economic and Social Council (Conselho Económico e Social, CES) for some time. In Portugal, workers' organisations and trade union associations have a right to participate in drafting labour legislation, recognised in the Constitution (Article 54, no. 5, paragraph d, and Article 56, no. 2, paragraph a). This right, subsequently regulated by Law 16/79 of 26 May 1979, covers:

• individual contracts of employment;

• legislation on collective relations, associations and union rights;

• the right to strike;

• the minimum wage;

• the length of working time;

• vocational training;

• accidents at work and occupational diseases.

The current law outlines the stages of the participation process, the means by which parties are informed of proposed legislation, and the evaluation of proposals by the workers' organisations.

According to the General Workers' Union (UGT), this law is historically linked with a period in which strong legal protection of workers rights was considered necessary. However, the consolidation of democratic institutions, the system of industrial relations and the social dialogue during the 1980s and 1990s also led to an ongoing involvement of employers' organisations in the development of labour legislation. In signing the tripartite Strategic Concertation Pact of December 1996 (PT9808190F), the social partners involved - the Confederation of Portuguese Industry (CIP), the Confederation of Portuguese Commerce (CCP), the Confederation of Portuguese Farmers (CAP) and UGT - pledged to develop legislation dealing with the matter. For this reason, the UGT's stance on the bill now under discussion is that it is legal recognition of a practice that has been going on for some time. It maintains that if concertation and social dialogue are to take place at all levels of society, a necessary "synergy" will have to be promoted.

The General Confederation of Portuguese Workers (CGTP) disagrees with the draft bill and is of the opinion that the legislation under discussion is unconstitutional, since it violates certain fundamental rights laid down in the Portuguese Constitution. According to the CGTP, an ordinary law could only legally recognise a "semblance of equality," that in reality does not exist since "the right of employer associations to participate will never have the same consistency, dignity and legal-constitutional value as that of workers' organisations."