Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

Convention (n° 95) sur la protection du salaire, 1949 - Portugal (Ratification: 1983)

The Committee refers to its observation regarding the non-payment of wages.

1. Article 2, paragraph 1, of the Convention. The Committee refers to its previous comments on section 58 of Act No. 77/77 of 29 September 1977, which lays down that provisions concerning individual working conditions are applicable to rural labour contracts except in so far as the conditions inherent in agricultural activity justify different treatment; the Committee notes the explanations supplied by the Government to the effect that the Order issuing Regulations for agricultural work provides for the adaptation considered necessary for the extension to rural work of normal provisions governing individual labour contracts. The Committee notes the provisions of Chapter VII of the above Regulations, which cover wages and their protection. The Committee notes the Government's indication in its report that Legislative Decree No. 411/87, of 31 December 1987, establishes, among other things, the new rates of minimum wages applicable to agriculture and that rural labour shall be governed by collective contracts in most of the national territory.

2. The Committee notes the information concerning dockworkers and observes that the legal provisions concerning individual labour contracts are also applicable to them, since special provisions have not been adopted, with the exception of Order No. 614-A/84 of 20 August 1984 setting out wage guarantees, within the context of social security, for dockworkers who are not members of the permanent staff of the enterprises concerned.

3. Article 4. The Committee notes the Government's indications that it will take the necessary measures to bring the legal provisions and regulations into line with national practice and this provision of the Convention with regard to the prohibition of the payment of wages in the form of liquor of high alcoholic content or of noxious drugs in accordance with this Article of the Convention. The Committee requests the Government to supply copies of the provisions adopted to this effect.

4. Article 14(a). With reference to its previous comments, the Committee notes the information supplied by the Government and points out that, in accordance with this Article, workers should be informed in an appropriate and easily understandable manner, before they enter employment and when any changes take place, of the conditions in respect of wages which are applicable to them. The Committee points out that it is not sufficient, in order to give effect to this provision, for workers to be informed that their wage cannot be lower than the guaranteed minimum wage or than the wage established in collective agreements. The Committee requests the Government to indicate the measures that have been taken or that will be taken to ensure that the workers concerned receive the information set out in paragraph (a) of this Article.

5. Article 15(c) and (d). The Committee notes the information supplied by the Government on the activities of the labour inspection services and it refers to the comments contained in its observation. Furthermore, it requests the Government to indicate the measures that have been taken to provide for the maintenance, in all appropriate cases, of records, as set out in paragraph (d) of this Article.