Portugal
In Portugal, access to the labor market and employment is regulated essentially by the Labor Code (Law nº. 7/2009, February 12th). Its articles 4 and 5 contain specific provisions for foreign workers or stateless persons, with the principle of equal treatment essentially guaranteed in reference to workers of Portuguese nationality. In the same law we find normative provisions referring to equality and non-discrimination in the labor and employment market, between articles 23 and 32. These are norms whose conceptual content indicates what is to be understood by direct discrimination, indirect discrimination, equal work for equal value, positive action measures, and the prohibition of harassment. Of particular note is the emphasis in Article 24.3(a), where the foreign worker is protected by the application of the principle of equal opportunity in access to work and employment. The legal provisions adopt neutral language. However, the labor standards in Articles 30, 31 and 32 take on a markedly gendered character, since it is expressly stated in Article 30(1) that "The exclusion or restriction of access of a job applicant or worker on the grounds of sex to a particular activity or vocational training (...) constitutes discrimination on the grounds of sex".
In addition to the labor provisions, it is worth noting the implementation measures at national and regional levels. At the first level, the Strategic Plan for Migration 2015-2020 (Council of Ministers Resolution Nº. 12-B/2015) stands out. Its measure 23 provides for the promotion of improved working conditions.
At the regional level, we highlight the Local Centers of Support for Immigrant Integration (CLAIM). The Bragança CLAIM intends to create integration networks with institutions in areas such as health, education, employment and culture. According to this, immigrant women show a great capacity for work and adaptation to the social context and decide to stay when they find more stable work situations. Local instruments of utmost importance are the Municipal Plans for the Integration of Migrants (PMIM) where the one for Lisbon (2018-2020) stands out with a specific axis (II) that aims to work on the gender perspective by appealing to the public participation of immigrant women.
The VIW research shows that economic, financial and labor factors are mentioned by immigrant women, on the one hand, as deterrents to the migration project and, on the other hand, as one of the main constraints they face in host countries. The recognition of professional skills and access to qualified employment are determinants in the decision to stay. However, the great difficulty in obtaining this recognition, which leads women to less qualified and precarious jobs, has been mentioned. To overcome this obstacle, entrepreneurship emerges as a resource.
To end this chapter, we make available to the students the following success story of a migrant woman in Portugal entitled "From invisible to visible", available at https://viw.pixel-online.org/case_view.php?id=MTI=. This success story shows how this woman built her own business as a way to affirm herself socially and financially.
References
Guia de Acolhimento para Migrantes- Acesso ao Mercado de Trabalho [Reception Guide for Migrants - Access to the Labor Market]
https://www.acm.gov.pt/documents/10181/0/Guia+de+Acolhimento+para+Migrantes/26d16add-11ef-4330-beb8-04ae262ad72b
ACM - Migrant Reception Guide (pages 92-99). On the indicated pages, this guide describes the procedures and institutions to support the active search for work.
Os trabalhadores imigrantes e os riscos associados ao trabalho [Immigrant workers and employment-related risks]
https://www.om.acm.gov.pt/documents/58428/183863/migracoes2_art11.pdf/5468304d-3747-474c-bf76-ddd1dd903b04
Opinion article on immigrant workers and work-related risks. This article highlights the exposure factors of immigrant workers to risks related to the exercise of professional activities.