Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Portugal (Ratification: 1929)

The Committee notes the report provided by the Government and its numerous annexes. It also notes with interest the communications between the Government and the Portuguese Confederation of Tourism and the General Union of Workers concerning the implementation of the Convention in practice. The Committee notes that the national legislation giving effect to the Convention has undergone certain modifications during the reference period, as the adoption in 2003 of a new Labour Code established a new legal framework for the compensation of employment accidents for employees in the private sector. However, as indicated by the Portuguese Confederation of Tourism, the implementing legislation that was previously in force still remains applicable since the texts envisaged by the new Labour Code have not yet been adopted.

The General Union of Workers expresses concern at the number of employment accidents in the country, which it considers extremely high, despite the existence of adequate legislation and it therefore considers it necessary to strengthen the human, technical and financial resources available to the labour inspectorate. It also expresses concern at the frequent failure to comply with the obligation of insurance against employment accidents in the case of subcontracting, and the delays by insurers in paying compensation.

While noting the concerns expressed by the above organizations, the Government emphasizes that labour inspection is a function invested in the public authority for which it benefits from independence in the discharge of its duties. It adds that action has been taken to recruit more labour inspectors, thereby enabling the institution to discharge its functions more effectively. Accordingly, in 2005 the labour inspectorate inspected 31,593 establishments employing some 550,000 persons. The Government also indicates that workers employed under subcontracting arrangements enjoy the same legal protection as other workers, particularly with regard to the obligation for their employers to take out insurance against the risk of employment accidents. Furthermore, in relation to slowness in the payment of employment accident compensation, the Government states that, where such situations occur, the insurance institutions pay the victims concerned the arrears to which they are entitled, as well as penalties for late payment.

The Committee takes due note of this information and requests the Government to keep it informed of the adoption of any new laws or regulations issued under the new Labour Code relating to compensation for employment accidents. The Government is also requested to provide additional information in its next report on compliance in practice with the obligation to take out insurance against the risk of employment accidents in the context of subcontracting arrangements and, in view of its specific characteristics, in agriculture. The Committee would also be grateful if the Government would provide detailed information on the extent of the deferred payment of employment accident benefit, and on any measures adopted or envisaged to ensure that victims of employment accidents can receive their benefit without delay and no later than the fifth day after the accident, in accordance with Article 6 of the Convention. Finally, the Government is requested to provide, in accordance with Part V of the report form, statistical information on the payment of benefits in cash and in kind, with an indication of the total cost of each of these types of benefit and the average amount of benefit per person, as well as indications on the total cost of the application of the legislation on workers’ compensation for accidents or accident insurance.

Furthermore, noting the case law provided by the Government, the Committee would be grateful if the Government would provide further information in its next report on the effect given in practice to sections 290 and 291 of the new Labour Code, which envisage the various conditions for the exemption of the employer’s liability in the event of employment accident, with an indication of whether these conditions are applicable by extension to insurers guaranteeing employers against the risk of employment accidents.