Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Portugal (Ratification: 2012)

The Committee notes the observations from the International Organisation of Employers (IOE) and the Confederation of Portuguese Industry (CIP) received on 1 September 2014 regarding the protection of workers’ claims through the Wage Guarantee Fund (FGS) regulated under Act No. 35/2004 of 29 July. The IOE and the CIP consider that the entry into force of Act No. 16/2012 of 20 April, establishing a special revitalization procedure (PER) for enterprises that are in a situation of economic difficulty or insolvency, but which may recover, has the effect of leaving workers in enterprises undergoing a PER outside the protection of the FGS. The IOE and CIP therefore call for the amendment of section 318 of Act No. 35/2004 so that enterprises undergoing a PER are included among the situations covered by the FGS. The Committee requests the Government to provide any comment in this regard.