1.2.4. Workers’ rights
In regard to labour and employment, occupational training and public procurement,
the overall number of complaints’ procedures initiated in 2016 has registered a decrease
of 14,5%, when compared to 2015, from 1021 to 873(24). The number of cases closed in
2016 was 1013, which corresponds to 116 % of the number of cases opened in the same
period.
As registered in the past year, whilst the number of complaints related to labour disputes between private parties, occupational training, unemployment, and public procurement has increased, the number of complaints concerning public employment has
diminished (by 23%, from 848 to 652) but still constitutes the major area of intervention
on workers’ rights. This reduction may in part be due to the fact that, in 2016, the annual
teachers’ recruitment procedure has led to fewer disputes than in the precedent year. In
fact, teachers in elementary and secondary public schools represent about 19,6% of all
public servants and the yearly recruitment procedure, complex as it is, usually gives rise to
a very significant number of complaints. Therefore, the outcome of this recruitment procedure may have a very noticeable impact on the number of complaints related to public
employment received by the Ombudsman.
The number of cases related to private labour disputes rose from 104 to 135 as a consequence of the increase of complaints presented against the Wage Guarantee Fund (Fundo
de Garantia Salarial – FGS). This Fund grants financial protection of employees in case
of insolvency or during companies’ recovery processes; it pays any credits emerging from
the employment contract; and it is managed by the State and the social partners represented in the Standing Committee for Social Dialogue. The main reasons that led the
employees (or former employees) to address the Ombudsman were: the delay in deciding the workers’ requests; and the refusal to repay workers who did not file their request
within one year after the termination of the employment contract.
The cases opened in 2016 in the field of public procurement were no more than 17
(against 9, in 2015), the majority of which concerned the alleged breach of legal duties
by electronic public procurement tendering platforms, the so called e-platforms. One of
the e-platforms operating in Portugal was particularly aimed by the complaints, which led
the Ombudsman to address the issue to the IMPIC (the Public Institute responsible for
monitoring the activity of the electronic tendering platforms).
Among the cases related to public employment (652), most arise from problems regarding public officials’ selection procedures (104), working conditions (98), retribution (85),
(24) Of the 873 cases opened in 2016, one was opened by Ombudsman’s initiative on the 6th of September, following
the death of one trainee, during the course of the Comandos (a special military force whose officials must undergo
demanding training). After the procedure was opened, one other trainee passed away.
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