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

Termination of Employment Convention, 1982 (No. 158) - Portugal (Ratification: 1995)

With reference to its observation, the Committee would be grateful if the Government would provide additional information in its next report on the following points.

Article 2, paragraph 2(b), of the Convention. The Committee notes the Government's statement in its report that no category of employed persons is excluded from the scope of the Convention. Nevertheless, it notes that under section 55 of Legislative Decree No. 64-A/89, workers serving a period of probation do not enjoy the protection provided for under the Convention, since termination of the employment contract by either party requires no justification during this period and gives no entitlement to compensation. Moreover, the Committee notes that the period of probation is 60 days for indefinite contracts, but collective agreements or individual labour contracts can envisage a period of probation exceeding 60 days and, in certain cases, a period of probation up to six months. The Committee recalls in this regard that, under the terms of this provision of the Convention, a Member may exclude from all or some of the provisions of this Convention workers serving a period of probation "determined in advance and of reasonable duration".

Article 2, paragraphs 4 and 6. The Committee requests the Government to describe the provisions which give effect to the Convention in the civil service or which guarantee its employees a protection at least equivalent to that afforded under the Convention.

Article 6, paragraph 2. The Committee notes that, under section 3(1) of Legislative Decree No. 398/83, the employment contract is suspended until the recovery of the worker in the event of a temporary absence from work because of illness or injury which exceeds one month. Please specify if any limitations are placed to the application of paragraph 1 when the absence of the worker for reasons of illness or injury exceeds a period of one month and the employment contract is suspended.