Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 9(1) of the Convention. Division and accumulation of annual holidays with pay. The Committee refers to its previous comments in which it noted that section 7(3) of Legislative Decree No. 874/76 allowed the accumulation of leave for two years for certain workers and was therefore 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) must be granted and taken no later than one year from the end of the year in respect of which the holiday entitlement has arisen.

The Committee notes with satisfaction that, following the adoption of Act No. 99/2003 issuing the Labour Code, Legislative Decree No. 874/76 has been repealed. It also notes that under section 215, paragraph 1, of the Labour Code, leave must be taken during the calendar year in respect of which the holiday entitlement has arisen, and accumulation during the same year of leave for two years or more is not permitted.

The Committee raises other points in a request addressed directly to the Government.