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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Portugal (Ratification: 1960)

The Committee notes the adoption of Act No. 99/2003 of 27 August 2003 issuing the Labour Code, Act No. 35/2004 issuing regulations relating to the Labour Code, Act No. 4/2008 of 7 February 2008 on employment contracts in the performing arts, and Legislative Decree No. 326-B/2007 of 28 September 2007 concerning the Authority for Conditions of Work (ACT).

Article 7, paragraph 2, of the Convention. Compensatory rest. The Committee notes that, under section 13(3) of Act No. 4/2008, compensatory rest for work performed on a weekly rest day must be granted within a maximum period of six months. The Committee wishes to emphasize that, according to the spirit of the Convention, the period in which compensatory rest is granted must not be too long and draws the Government’s attention to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply must not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to supply further details in this regard.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the ACT for the 2003–07 period, and also the statistics relating to the autonomous region of the Azores. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including statistical information on the number of workers covered by the relevant legislation, extracts of the reports of the ACT indicating the number and nature of infringements reported and the penalties imposed, copies of collective agreements containing clauses on weekly rest, etc.