Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Portugal (Ratification: 1960)

Articles 7(2) and 8(3) of the Convention. Compensatory rest. The Committee notes the adoption of Act No. 7/2009 of 12 February 2009 issuing the new Labour Code, which repeals Act No. 99/2003 of 27 August 2003. The Committee notes that, under the terms of sections 232 and 233 of the new Labour Code, weekly rest of at least 24 consecutive hours shall be granted to each worker.

The Committee also notes the comments of the General Confederation of Portuguese Workers (CGTP) of 7 June 2013, in which the CGTP emphasizes that under section 9(2) of Act No. 23/2012 of 25 June 2012, subsections 1 and 2 of section 229 of the new Labour Code – which grant workers the right to compensatory rest for additional hours worked on working days, an additional weekly rest day or a day of leave – have been repealed. The CGTP adds that, under section 7(2) of Act No. 23/2012, the clauses of any collective agreement or contract signed before the entry into force of Act No. 23/2012 which provide for compensatory rest for additional hours worked on a working day, an additional day of weekly rest (any day of weekly rest granted under a collective agreement over and above the 24-hour rest period required by the law) or a day of leave, shall be null and void. In its report, the Government emphasizes first that compensatory rest for any work performed during daily rest, compulsory weekly rest or a day of leave in an enterprise authorized to remain open has been maintained. The Government adds that the amendments made by Act No. 23/2012 were necessary by virtue of the commitments made within the framework of the Memorandum of Understanding of May 2011 concerning the financial assistance granted by the International Monetary Fund, the European Central Bank and the European Commission. The Government adds that, in ruling No. 602/2013 of 20 September 2013, the Constitutional Court confirmed the validity of section 9(2) of Act No. 23/2012 in relation to repealing subsections 1 and 2 of section 229 of the Labour Code, but found unconstitutional section 7(2). The clauses of any collective agreement or any contract signed prior to the entry into force of Act No. 23/2012, to which the CGTP refers, are therefore maintained. While noting the Government’s explanations concerning the recent amendment to section 229 of the Labour Code, the Committee requests the Government to ensure that compensatory rest is compulsorily granted in all cases of exemptions, whether permanent or temporary, from the normal weekly rest scheme of a minimum of 24 consecutive hours, in accordance with Articles 7(2) and 8(3) of the Convention.