Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Protection of Wages Convention, 1949 (No. 95) - Portugal (Ratification: 1983)

The Committee notes the Government's report. With reference to its previous comments, the Committee notes the explanations provided by the Government as regards Articles 2, paragraph 1, and 15(c) and (d) of the Convention.

Article 4. The Committee notes the explanations provided by the Government. The Committee wishes to point out that neither sections 21(1)(g) (respecting the prohibition of operating refectories, canteens, stores, etc., for the purpose of securing a profit), 91(1) and (3) (respecting the method of payment and authorising partial payment in the form of allowances of other kinds) and 92(3) (respecting the place of payment of wages) of the Act respecting individual employment contracts, nor Legislative Decree No. 440/79 (respecting the guaranteed minimum wage) can be considered to be sufficient to give effect to this Article of the Convention. The Committee therefore hopes that, as the Government had indicated in the past, it will take the necessary measures to bring the law and regulations into conformity with national practice and with this provision of the Convention as regards the prohibition of the payment of wages in the form of liquor of high alcoholic content or of noxious drugs.

Article 14. The Committee notes the explanations provided by the Government. The Committee considers that the fact that in general there is no obligation to make out a written contract of employment (section 6 of the Act respecting individual employment contracts) strengthens the need to adopt measures to ensure that workers are informed in an appropriate and easily understandable manner, before they enter employment, of the conditions in respect of wages that will be applicable to them. The Committee therefore hopes that the Government will adopt the necessary laws or regulations to give effect to this provision of the Convention.