Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Night Work Convention, 1990 (No. 171) - Portugal (Ratification: 1995)

The Committee notes the detailed information contained in the Government’s report and the attached documentation concerning the application of Articles 2 (categories of workers excluded from scope of application), 4 (medical examination of night workers), 9 (social services) and 11 (implementation through collective agreements) of the Convention. It also notes the adoption of Legislative Decrees No. 70/2000 of 4 May 2000 and No. 230/2000 of 23 September 2000 on maternity protection, which in part regulate matters relating to night work of women workers.

Article 9 of the Convention. The Committee notes the Government’s reference to selected collective agreements which specifically provide for meal allowances for the workers performing, wholly or partially, night work. The Committee recalls, in this connection, that by "social services" the Convention intends to cover a large variety of measures, including but not limited to the provision of food and beverages, and ventures to draw the Government’s attention to Paragraphs 13-18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to other measures which might be considered appropriate for night workers, such as suitable transport arrangements, resting facilities, crèches, and adaptable cultural, sporting or recreational activities. In addition, the Committee requests the Government to specify whether the draft legislation, which would establish appropriate social services for night workers, and to which reference was made in an earlier report, has been finally adopted.

Part V of the report form. The Committee notes that, according to the statistical information provided by the Government, there were one million workers employed at night in 2001, or 20.2 per cent of the total workforce. The Committee also notes the general labour inspection statistics for the period 1999-2002 as well as the various collective agreements providing for specific night work benefits and allowances. The Committee would be grateful to the Government for continuing to supply all available information bearing on the practical application of the Convention, including statistics on the number of workers performing night work, official reports or studies addressing the problems of night working, difficulties of enforcement reported by the inspection services and any other particulars which would enable the Committee to better evaluate the conformity of national laws and practice with the requirements of the Convention.