Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Portugal (Ratification: 1929)

In reply to the Committee's previous comments, the Government confirms its intention of bringing the legislation into conformity with the Convention with regard to the regulations respecting industrial accidents. It adds that the responsible authority, namely the Ministry of Finance, has been duly informed. The Committee notes this information with interest. It hopes that pending the integration of industrial accident compensation into the unified social security scheme, it will be possible to take the necessary measures in the near future to amend Act No. 21/27 of 3 August 1965 respecting industrial accidents with regard to the following points:

Article 1 of the Convention. Section III of Act No. 21/27 of 3 August 1965 does not treat Portuguese workers and foreign workers employed in Portugal on the same basis "unless the legislation of the country in question grants equal treatment to Portuguese workers", whereas, according to this provision of the Convention, equality of treatment shall be granted to the nationals of any other Member which has ratified the Convention, regardless of whether the legislation of that other country grants equality pursuant to the Convention.

Article 2. Section III, paragraph 3, of the above cited Act excludes from the scope of the Act foreign workers who are employed by a foreign enterprise and whose right to compensation is recognised under the legislation of their own country, whereas such an exclusion is not authorised by the Convention unless the employment of the foreign workers concerned is of a temporary or intermittant nature and such exclusion is provided for in a special agreement between the Members concerned.

The Committee requests the Government to supply information on any progress achieved in this respect.