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

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

The Committee notes the information supplied in reply to the previous direct request.

1. Please provide a copy of the Social Agreement relating to all workers except those in the public service and - according to the report - ensuring implementation of the Convention as regards the points mentioned by the Committee.

2. The Committee hopes that the new legislation now envisaged will deal expressly with the matters referred to earlier, namely:

(a) public and customary holidays should not be counted as part of the minimum holiday with pay (Article 6(1) of the Convention);

(b) when the holiday is divided into parts, one part should consist of at least two uninterrupted working weeks (Article 8(2));

(c) the accumulation of leave for two years allowed by section 7(3) of Legislative Decree No. 874/76 in respect of certain workers should be limited in accordance with Article 9;

(d) as regards domestic workers, periods of incapacity for work resulting from sickness or injury should not be counted as part of the annual holiday with pay (Article 6(2)); the remuneration due for the holiday period should be paid in advance (Article 7(2)); a part of the annual holiday consisting normally of at least two uninterrupted weeks should be taken no later than one year from the end of the year in respect of which the entitlement arises (Article 9(1)); and on termination a holiday with pay proportionate to the relevant length of service or compensation in lieu should be granted (Article 11).

3. As regards workers in the public service, the Committee has noted the provisions of Legislative Decree No. 497/88.

4. The Committee would be grateful if the Government would include in future reports available information as to the manner in which the Convention is applied (Article 14 and Part V of the report form).