Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Protection of Wages Convention, 1949 (No. 95) - Portugal (Ratification: 1983)

With reference to its previous observations concerning the arrears and non-payment of wages for workers in certain enterprises, the Committee notes the reports of the labour inspectorate, and in particular the report for 1990. The Committee notes that, despite the efforts that have been made, there are still 89 enterprises in a situation of illegal arrears and non-payment of workers' wages, which means that 7,610 workers have not received their wages, in comparison with the 15,000 who were in this position in 1989. The Committee once again hopes that the Government will continue to make every effort to resolve this situation and requests the Government to continue supplying information in this respect.

The Committee also notes the explanations supplied concerning the concept of "pay" and "basic pay", as used to determine wage arrears. The Committee notes that the concept of "basic pay" used by Act No. 17/86 is a more limited concept than that set out in the Convention. The Committee understands that the use of this restrictive concept was due to the specific circumstances that needed to be resolved and that, as a last resort, workers could opt for the application of the normal system based on the Act respecting individual employment contracts. Nevertheless, the Committee wishes once again to state that the various provisions of the Convention are based on the broad definition set out in Article 1 of the Convention. The Committee therefore hopes that once the current situation of arrears and non-payment of wages by certain enterprises has been resolved, the provisions of the normal legal framework for employment contracts will be applied uniformly throughout the country. The Committee requests the Government to continue supplying information on the measures that have been adopted to guarantee that full effect is given to the provisions of the Convention.

The Committee requests the Government to refer to the request that is being addressed to it directly.