Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes from the Government's report the adoption of Legislative Decree No. 397/91 of 16 October 1991, amending the holidays with pay provisions of Legislative Decree No. 874/76 of 28 December 1976. The Committee requests the Government to provide additional information on the following points:

1. In its previous comments, the Committee noted that section 7(3) of Legislative Decree No. 874/76 allows the accumulation of leave for two years for certain workers. The Committee observes that Legislative Decree No. 397/91 does not amend this section. It therefore must reiterate that section 7(3) of 874/76 is not in conformity with Article 9, paragraph 1, of the Convention, according to which a part of the holiday (a minimum of two working weeks) shall be granted and taken no later than one year from the end of the year in which the holiday entitlement has arisen. It requests the Government to take the necessary measures to bring the legislation into conformity with the Convention on this point.

2. With regard to domestic workers, the Committee notes the provisions of Legislative Decree No. 235/92 of 24 October 1992. It requests the Government to indicate whether there are any legislative provisions or regulations which prescribe that absence due to illness or accident should not be counted as part of a domestic worker's annual holiday, in accordance with Article 6, paragraph 2. It would be grateful if the Government would specify the arrangements under which such absences are not counted as part of the holiday with pay when they occur during holidays.

3. The Committee would be grateful if the Government would provide further information on any violations of holiday provisions reported and, if appropriate, the sanctions imposed (see Article 14 and point V of the report form).