Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Portugal (Ratification: 1981)

With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that:

- in the new text of the Legislative Decree respecting holidays, public holidays and absences, which is currently being prepared, it is expressly provided that public holidays shall not be taken into account when calculating the holiday period (Article 6, paragraph 1, of the Convention);

- the Government is prepared to formulate in a more precise way the principle under which, in the event of the annual holiday being divided into parts, one of the parts shall consist of at least two weeks (Article 8, paragraph 2);

- in the current revision of the legal regulations respecting domestic service account will be taken of the Committee's comments concerning the application to domestic workers of the following provisions of the Convention: Article 6, paragraph 2 (periods of incapacity for work resulting from sickness and injury shall not be counted as part of the annual holiday with pay); Article 7, paragraph 2 (the amounts due for the holiday period shall be paid in advance of the holiday); Article 9, paragraph 1 (a part of the annual holiday, as a rule at least two weeks, shall be taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen); and Article 11 (in the event of termination of employment, the worker shall receive a holiday with pay proportionate to the length of service, or compensation in lieu thereof);

- the draft Ordinance respecting the holidays of public officials, which will give full effect to the provisions of the Convention, will be published in the near future.

The Committee hopes that the next report will contain full information on any progress achieved in the adoption of the above measures which are intended to give full effect to the provisions of the Convention.

Furthermore, although noting the explanations given by the Government with regard to the application of Article 9, paragraph 1, which referred to section 7(4) of Legislative Decree No. 847/76, the Committee is bound to point out that section 7(3) of the same Decree, which authorises certain classes of workers to accumulate holidays for two years, is not in conformity with Article 9, paragraph 1. It hopes that this divergency can be eliminated when the new text of the Legislative Decree on holidays, public holidays and absences is adopted.