Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Minimum Wage Fixing Convention, 1970 (No. 131) - Portugal (Ratification: 1983)

1. The Committee notes the information provided in the Government's report, in particular, concerning Articles 4 and 5 of the Convention, in reply to its previous comments.

2. The Committee notes that, in virtue of section 6, subsection (1), of Legislative Decree No. 440/91, account should be taken in fixing the remuneration for homework, of the average time spent and the rates of remuneration laid down in the collective regulatory instrument applicable if the work is carried out in the undertaking or, in the absence of such an instrument, the guaranteed minimum monthly remuneration. It notes, however, that section 13 of the said Legislative Decree concerning sanctions does not provide for sanction applicable to the infringement of section 6, subsection (1). The Committee requests the Government to indicate measures taken or envisaged to provide for sanctions in this regard and to ensure that the extension of the minimum wage system to homeworkers should not be subject to abatement, in accordance with Article 2(1) of the Convention. It would also be grateful if the Government would continue providing information on the practical application of the minimum wages as required under Article 5 and point V of the report form, with particular reference to homeworking trades.