Portugal
Portugal ratified the European Social Charter on 30/09/1991and the Revised European Social Charter on 30/05/2002, accepting all of its 98 paragraphs.
It accepted the Additional Protocol providing for a system of collective complaints on 20/03/1998, but has not yet made a declaration enabling national NGOs to submit collective complaints.
The Charter in domestic law
Under Article 8§2 of the Constitution: “Rules provided for in international conventions duly ratified or approved, following their official publication, apply in municipal law as long as they remain internationally binding with respect to the Portuguese State.”
Table of accepted and non-accepted provisions by Portugal
Grey = Accepted provisions
| 1.1 | 1.2 | 1.3 | 1.4 | 2.1 | 2.2 | 2.3 | 2.4 | 2.5 | 2.6 | 2.7 | 3.1 |
| 3.2 | 3.3 | 3.4 | 4.1 | 4.2 | 4.3 | 4.4 | 4.5 | 5 | 6.1 | 6.2 | 6.3 |
| 6.4 | 7.1 | 7.2 | 7.3 | 7.4 | 7.5 | 7.6 | 7.7 | 7.8 | 7.9 | 7.10 | 8.1 |
| 8.2 | 8.3 | 8.4 | 8.5 | 9 | 10.1 | 10.2 | 10.3 | 10.4 | 10.5 | 11.1 | 11.2 |
| 11.3 | 12.1 | 12.2 | 12.3 | 12.4 | 13.1 | 13.2 | 13.3 | 13.4 | 14.1 | 14.2 | 15.1 |
| 15.2 | 15.3 | 16 | 17.1 | 17.2 | 18.1 | 18.2 | 18.3 | 18.4 | 19.1 | 19.2 | 19.3 |
| 19.4 | 19.5 | 19.6 | 19.7 | 19.8 | 19.9 | 19.10 | 19.11 | 19.12 | 20 | 21 | 22 |
| 23 | 24 | 25 | 26.1 | 26.2 | 27.1 | 27.2 | 27.3 | 28 | 29 | 30 | 31.1 |
| 31.2 | 31.3 | ||||||||||
Country factsheets
The country factsheets include detailed information on the findings of the European Committee of Social Rights when monitoring the application of the Charter at national level, as well as examples of progress in the implementation of the rights protected by the Charter.
Latest Ad hoc report by Portugal
See previous reports in respect of Portugal
Latest conclusions of the European Committee of Social Rights (ECSR)
- Conclusions of the European Committee of Social Rights 2022 concerning Portugal (Thematic group Labour rights)
- Conclusions of the European Committee of Social Rights 2020 concerning Portugal (Thematic group Employment, training and equal opportunities)
- Conclusions of the European Committee of Social Rights 2019 concerning Portugal (Thematic group Children, families and migrants)
- Conclusions of the European Committee of Social Rights 2017 concerning Portugal (Thematic group Health, social security and social protection)
See all conclusions in respect of Portugal (HUDOC)
Meetings and reports on non-accepted provisions
- Seminar on the European Social Charter organised by the Secretariat of the European Social Charter and the Ministry of Labour and Social Solidarity of Portugal. Lisbon, 8th January 2008
Collective complaints procedure
Portugal accepted the Additional Protocol providing for a system of collective complaints on 20/03/1998, but has not yet made a declaration enabling national NGOs to submit collective complaints
Latest findings of the European Committee of Social Rights
Findings 2019 of the European Committee of Social Rights on the follow-up to decisions on the merits in collective complaints in respect of Portugal.
The complaint registered on 18 March 2010, relates to Article 4§§1 and 2 (right to adequate remuneration and right to increased rate of remuneration for overtime work), Article 6§§1 and 2 (right to collective bargaining: joint consultation and machinery for voluntary negotiations) and Article 22 (right to take part in the determination and improvement of the working conditions and working environment) of the Revised European Social Charter. The CESP claims that that Portuguese legislation does not allow the the investigative personnel of the Criminal Police to receive compensation for overtime work. The CESP also contends that the Portuguese state refuses to negotiate on this matter with national trade unions.
- Case document no. 1, Complaint registered at the Secretariat on 18 March 2010
- Case document no. 2, Written submissions by the Government on the merits
- Case document no. 3, Response by CESP to the Government's submissions on the merits
The European Committee of Social Rights declared the complaint admissible on 22 June 2010.
The European Committee of Social Rights concluded that there was a violation of Article 4§2 and that there was no violation of Article 6§§1 and 2 and Article 22 of the Revised Charter, and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 17 October 2011.
On 13 December 2013 the Committee of Ministers adopted Resolution CM/ResChS(2013)18.
Decision on admissibility of the Complaint 60/2010
Decision on the merits of the Complaint 60/2010
Resolution ResChS(2013)18 of the Committee of Ministers on 13 December 2013
Findings of the European Committee of Social Rights on the follow-up of the Complaint
Previous national reports by Portugal
- 18th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2018-31/12/2021).
- 17th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2017-31/12/2020). Conclusions published in 2022
- 16th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2016-31/12/2019). Conclusions published in 2021
- 15th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2015-31/12/2018). Conclusions published in 2020
- 14th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2014-31/12/2017. Conclusions published in 2019
- 13th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2013-31/12/2016. Conclusions published in 2018
- 12th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2012 - 31/12/2015). Conclusions published in 2017
- 11th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2011 - 31/12/2014). Conclusions published in 2016
- 10th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2010 - 31/12/2013). Conclusions published in 2015
- 9th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2009 - 31/12/2013). Conclusions published in 2014
Comments from Conseil Européen des Syndicats de Police on the 9th report - 8th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2008 - 31/12/2012). Conclusions published in 2013
- 7th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2007 - 31/12/2010). Conclusions published in 2012
- 6th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2005 - 31/12/2009). Conclusions published in 2011
- 5th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2005 - 31/12/2008). Conclusions published in 2010
- 4th National Report on the implementation of the European Social Charter submitted by the government of Portugal (Reference Period: 01/01/2005 - 31/12/2007). Conclusions published in 2009
- 3rd National Report on the implementation of the European Social Charter submitted by the government of Portugal (en and fr) (Reference Period: 01/01/2005 - 31/12/2006 and 01/01/2003 - 31/12/2005). Conclusions published in 2008