Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Portugal (Ratification: 1994)

With reference to its observation, the Committee notes the information supplied by the Government, particularly with regard to Part VI (Employment injury benefit), Article 34, paragraph 2(d) and (f), and Part X (Survivors' benefit), Article 64 (in relation to Article 69).

1. Part VII (Family benefit), Article 44, of the Convention. The Committee notes the statistical information provided by the Government on the total value of family benefits. It notes in this respect that certain statistics refer to 1996, since the new family benefit scheme only came into force very recently (July 1997) and that, under the system for the compilation of data from regional social security centres, these are processed annually. The Committee hopes that the Government will in future be able to provide up-to-date statistics on the value of benefits paid to families, as required by the report form under this provision of the Convention.

2. Part XII (Equality of treatment of non-national residents), Article 68, paragraph 1. The Committee notes the Government's statement in its report to the effect that non-national residents have the same rights as nationals with regard to health care, the provision of which is based on the concept of the universality of protection for all residents. However, the Committee recalls that in its previous comments it noted that under the terms of Part XXV of the framework Health Act No. 48/90, the beneficiaries of the National Health Service are Portuguese citizens, citizens of the Member States of the European Union, stateless persons and foreign citizens resident in Portugal subject to reciprocal conditions, contrary to this provision of the Convention. Indeed, although Article 68, paragraph 1, in laying down the principle of equality of treatment for non-national residents, reserves the right to adopt special rules for non-nationals (such as a longer qualifying period) in respect of benefits payable wholly or mainly out of public funds, the Committee has always considered that the requirement of a condition of reciprocity cannot constitute such a special rule within the meaning of the Convention. The Committee notes that the Government's report does not contain any new information in reply to this question. In these conditions, the Committee is bound once again to hope that the appropriate measures will be taken to ensure, in accordance with this Article of the Convention, equality of treatment without any condition of reciprocity for all foreigners resident in Portugal with regard to the medical care provided for in Part II of the Convention. In the meantime, the Committee would be grateful if the Government would indicate the countries whose nationals are resident in Portugal and benefit from a reciprocal arrangement for entitlement to medical care.

Article 68, paragraph 2 (in relation to Part VI (Employment injury benefit)). In reply to the Committee's previous comments, the Government states that section 10 of Order No. 642/83, which provides for a condition of reciprocity with regard to compensation for employment injury, has not been amended following the adoption of Act No. 22/92. However, it states that this aspect has been resolved following the amendments made in the new legal framework for protection against employment injury, which resulted in the publication of Act No. 100/97 of 13 September 1997, the regulations of which are being completed. In this respect, the Committee notes with interest that section 4 of the above Act No. 100/97 provides that foreign workers exercising their activity in Portugal and the members of their families are assimilated to Portuguese nationals with regard to employment injury compensation. The Committee therefore hopes that the above Act and its regulations will come into force in the near future so as to give full effect to this provision of the Convention. Please provide the text of the regulations when they have been adopted.

3. Part XIV (Miscellaneous provisions), Article 72, paragraph 1 (in relation to Part VI (Employment injury benefit)). In its previous comments, the Committee requested the Government to indicate the manner in which the representatives of the persons protected participate in the management of the employment injury benefit scheme where such benefits are provided through private insurance companies. In its reply, the Government states that the overall administration of the employment injury compensation system is supervised by a public body, namely the Insurance Institute of Portugal, under the authority of the Ministry of Finance. The management of the system itself is in accordance with the legal framework for employment injury compensation and, in accordance with the Constitution, the representative organizations of workers acting as "representatives of the persons protected" participate in the process of formulating legislation. Finally, the Government emphasizes that the draft text to issue regulations respecting the Employment Accident Fund (FAT) provides that the supervisory commission for the Fund shall include a member representing the associations of the victims of employment accidents. For its part, the General Confederation of Portuguese Workers (CGTP-IN) is of the opinion that in systems that are managed privately, which is the case for protection against employment accidents by private insurance companies, the provisions of Article 72, paragraph 1, of the Convention are not given effect, since the representatives of the persons protected do not participate in any manner in the management of private insurance companies.

The Committee notes the information supplied by the Government and the observations of the CGTP-IN. It recalls that Article 72, paragraph 1, of the Convention explicitly provides that representatives of the persons protected shall participate in the management of institutions, or be associated therewith in a consultative capacity, under prescribed conditions. The Committee therefore hopes that full account will be taken of this provision of the Convention in the regulations respecting the Employment Accident Fund (FAT) and the regulations issued under Act No. 100/97 of 13 September 1997 establishing the new legal framework for employment injury. It requests the Government to indicate the progress achieved in its next report.