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

Migration for Employment Convention (Revised), 1949 (No. 97) - Portugal (Ratification: 1978)

Article 6, paragraph 1(b), of the Convention. For many years, the Committee has been drawing the Government's attention to the need to remove the reciprocity requirement from Act No. 2127 of 3 August 1965 on industrial occupational accidents and diseases which is incompatible with Article 6 of the Convention concerning equality of treatment in respect of such benefits to all foreign workers without any condition of reciprocity. In its previous report the Government indicated that this legislation had been tacitly repealed as being incompatible with the Constitution, and stated its readiness to amend the Act to bring it into formal conformity with the Convention. In its last report the Government states that it considers Act No. 2127 as being still in force and in conformity with the Convention. The Government also refers in this connection to resolution No. 642/83 of 1 June 1983 as giving effect to the Convention on this point. However, section 10 of the resolution also contains a reciprocity requirement applicable to foreign workers as regards compensation for industrial accidents and occupational diseases.

Consequently, the Committee once again emphasises that the reciprocity requirement prescribed in these texts is not in conformity with the Convention. It again invites the Government to re-examine its position as regards the need to remove the reciprocity requirement in these two texts, in order to guarantee all foreign workers equality of treatment in respect of compensation for industrial accidents and occupational diseases without any condition of reciprocity.