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

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

1. The Committee notes with satisfaction that Legislative Decree No. 5/94 of 11 January 1994 provides for the information to workers concerning the conditions, among others, of wages, in conformity with Article 14(a) of the Convention.

2. Further 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. The Committee notes that under the new methodology, the reports only show the cases, which were observed by the labour inspectorate during the period in question, of situations of illegal arrears and non-payment of wages, which added up to 16 enterprises, 583 workers during June 1994, for instance. It is thus impossible to appreciate whether or not the total number of such situations is diminishing. 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 noted, in its previous observation, that the concept of "basic pay" used by Act No. 17/86 is a more limited concept than that set out in Article 1 of the Convention. It recalls that, under the Guidelines on the Application of this Act adopted by the Minister of Labour and Social Security on 8 October 1986, amounts such as holiday pay and maternity and other similar pay are not covered by this Act. The Committee notes the Government's explanation that the Act No. 17/86 provides for additional guarantee of wages by even permitting the worker to terminate or to suspend the employment contract. The Committee requests the Government to supply information on the measures to guarantee the payment of other kinds of remuneration than the "basic pay" covered by this Act.

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