Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 6(2), 11 and 12 of the Convention. Days of incapacity due to illness not to be counted as part of annual leave – Prohibition to relinquish or forgo the right to an annual holiday with pay. The Committee notes that, under section 244(3) of the Labour Code, as amended by Act No. 7/2009 of 12 February 2009 and Act No. 23/2012 of 25 June 2012, annual leave that is not taken due to incapacity to work until 30 April of the calendar year following the year in respect of which the holiday entitlement arose, may give rise to financial compensation. The Committee recalls, however, that the Convention permits unused leave to be replaced by cash compensation only in the case of termination of employment. The Committee accordingly requests the Government to take the necessary measures to bring the national legislation into full conformity with the Convention on this point.