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ECDI - Gender Equality and Portuguese Legislation
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1. EMPLOYMENT AND COMPENSATION

The attainment of fair and comparable wages, hours and benefits for comparable work, regardless the gender

Portuguese Constitution, Article 59 – Workers’ Rights

1. Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker shall possess the right:

a) To the remuneration of his work in accordance with its volume, nature and quality, with respect for the principle of equal pay for equal work and in such a way as to guarantee a proper living.

Labour Code – Article 270 –Criteria for determining retribution

For determination of the value of retribution it has to be considered the quantity, nature and quality of work, always observing the principle that, for equal work or work with equal value, the same salary is due.

Reality check

However, women earn less than men in U.E. average: 16,2% less and in Portugal average: 18% less

Source: CRP - Constitution, CITE; CT – Labour Code

Actions to prevent discrimination based on marital, parental, reproductive or health status in all employment or promotion decisions

Besides Constitution and Work Code, there is Governmental Body for it: CITE - Commission for Equality in Labour and Employment (site), created in 1979 and CIG – Commission for Citizenship and Gender Equality (site)

Ensure job security by allowing for interruptions in work for maternity/ paternity/ parental leave and family-related responsibilities.

Portuguese Constitution, Article 59 – Workers’ Rights

“2. The state shall be charged with ensuring the working, remuneratory and rest-related conditions to which workers are entitled, particularly by:

c) Ensuring special work-related protection for women during pregnancy and following childbirth…”

Reality

However this only applies for women working under “dependent contracts”.

2. WORK-LIFE BALANCE AND CAREER DEVELOPMENT

Actions to make professional and private life more balanced by implementing a variety of flexible work options

YES

Maternity leave

120 or 150 days that can be divided (corresponds to 100% or 80% of the salary)

-       It can be added with 2x15 days or 30 if it is shared

-       Extra 30 days for twin

Mother’s mandatory initial leave - the first 42 days

Paternity leave

Father’s mandatory initial leave–first 10 with 10 more optional

120 or 150 days that can be divided (corresponds to 100% or 80% of the salary)

-       It can be added with 2x15 days or 30 if it is shared

-       Extra 30 days for twin

Actions to promote parental leave

Extra days

Campaigns CITE and CIG

Breastfeeding arrangements

During the 1st year, reduction of the full day of 8 hours to 6 hours – CT – Labour Code, article 47

3. HEALTH, SAFETY, AND FREEDOM FROM VIOLENCE

Specialist Domestic Violence / Offence Unit

In some police stations

Policies and programs addressing domestic violence

Actions and campaigns from CIG

National Plan to Fight Violence promoted by CIG

Financial Support for violence victims

Social Security Systems

Housing for violence victims / Women’s Centers

Yes

Specific actions to prevent all forms of violence in the workplace, including verbal, physical or sexual harassment

Actions and campaigns from CIG

National Plan to Fight Violence promoted by CIG

Actions to promote joint custody of children in case of separation/ divorce

Actions and campaigns from CIG

4. MANAGEMENT AND GOVERNANCE

Actions to promote equality criteria in Public Tenders

Non discrimination articles

Actions to recruit  and appoint women to managerial  positions

Gender quotas for political elections, all parties and applicants list have to have a 1/3 of places filled by women and with 1 women minimum showing in each 3 places.

Actions to assure participation of women in decision-making and governance at all levels and in all areas of the business

For companies in stock action 40% non-management will have to be women until 2020

5. EDUCATION

Predominance of non-segregated education

There are still divisions, although they are optional (private schools)

Implementation of gender based educational plans/ Coeducation plans

Sector Plan for gender education (link)

School Guides (link)

Actions to deal with gender stereotyping in the curriculum, in vocational training and in career choi-ces

Awareness promotion with School Guides (link)