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

Night Work Convention, 1990 (No. 171) - Portugal (Ratification: 1995)

Article 4(1) of the Convention. Health assessment of workers, at their request, during their assignment. The Committee notes the Government’s reference to the legislative texts giving effect to the Convention, including the revised Labour Code (Act No. 7/2009) and Act No. 102/2009 on occupational safety and health. More concretely, the Government indicates that section 225(1) of the new Labour Code, which reproduces the provision of section 195(1) of the previous Labour Code, sets out the employer’s responsibility to arrange for the medical examination free of charge of night workers with a view to assessing their state of health before taking up an assignment and at regular intervals, at least once a year, during such an assignment. In addition, under section 225(2), the employer must assess the risks inherent to the activity undertaken by a night worker, before he starts the activity and every six months thereafter, taking into account, among other factors, his physical and mental health. Moreover, Act No. 102/2009, applicable to all workers including night workers, provides for the employer’s obligation to ensure medical examinations free of charge for all employees, before and during their assignment, including occasional examinations when substantial changes in nature of the work are likely to affect their health. The Committee notes, in this connection, the comments of the General Confederation of Portuguese Workers (CGTP) and the General Workers’ Union (UGT) which were attached to the Government’s report. The CGTP considers that the Labour Code fails to provide for the workers’ right to undergo a health assessment at their request if they experience health problems related to the performance of night work, as required under the Convention. The UGT indicates that the examinations provided for in section 225(1) of the Labour Code are specific medical examinations to assess the mental and physical health of the worker to undertake night work. In reply to those comments, the Government while acknowledging that the Labour Code does not explicitly provide for health assessment at the worker’s request, maintains that by providing for medical examination and risk assessment at regular short intervals the national legislation affords a level of protection consistent with the requirements of the Convention. Recalling the importance of detecting and treating in a timely manner any health problems directly related to the performance of night work, the Committee hopes that the Government will take the necessary measures to ensure that night workers are entitled to request and undergo a health assessment free of charge when experiencing health problems linked to night working, independently from any regular medical examination otherwise scheduled by the employer.

Articles 5 and 9. First-aid facilities and social services. The Committee notes that according to the CGTP, the clauses included in collective labour agreements regarding social services are often very general and therefore insufficient to satisfy the special needs of night workers as compared to those of day workers. For instance, in some enterprises, canteens are not open during the night or are not equipped for warming food that workers bring at the workplace. Moreover, public transport services being often unavailable at the time night workers start and finish their shift, they may spend considerable time waiting for public transport to restart its service. The CGTP also refers to the lack of first-aid facilities for night workers and considers that a relevant obligation should be expressly provided for in the law. In its reply, the Government indicates that the law requires employers to ensure the occupational safety and health of workers, including through appropriate first-aid facilities. The Committee requests the Government to indicate any specific measures it intends to take to further improve the working conditions of night workers having regard to the special needs in terms of rest, transport, food and catering, organization of family life and recreational facilities.