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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Portugal (Ratification: 1978)

Article 2, paragraph 2, and Article 7 of the Convention. Further to its earlier comments, the Committee notes from the Government's reply that the Committee's suggestions will be taken into account in any future revision of the legislation relating to emigration and migration. The Committee recalls that its comments have referred to consultations with the representative organisations of employers and workers in the detection and the suppression of clandestine movements of migrants and their illegal employment; and to the laws, regulations and other measures taken to prevent and eliminate the abuses against which the Convention is directed.

Article 9, paragraph 3. With reference to its previous comments concerning the amendment of Legislative Decree No. 264/B/81 so as to ensure that, in case of expulsion, the cost of expulsion shall not be borne by the migrant worker and his family, the Committee notes with interest the Government's intention to introduce the appropriate provision into the legislation in order to give full effect to the Convention on this point. The Committee hopes that the Government will soon be in a position to report that the legislation has been amended.

Articles 10 and 12(d). See the direct request being made this year under Convention No. 97, as follows:

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 In its previous report the Government indicated that this legislation had been tacitly repealed as being incompatible with the Constitution, and stated its readiness to amend the Act to bring it into formal conformity with the Convention.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.