Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the detailed information supplied by the Government in its report in reply to its previous direct request, as well as the comments made by the General Confederation of Portuguese Workers (CGTP). Referring to the progressive integration of protection against industrial accidents into the general social security scheme, as set out in section 72 of Act No. 28/84 of 14 August 1984, the Committee notes that the situation has remained unchanged and that compensation for industrial accidents continues to be covered by insurance companies.

In this respect, the CGTP stated in its comments that victims of industrial accidents find themselves in an unequal position confronting insurance companies in court because, unlike the insurance companies, they cannot afford to be represented by a physician during the medical examination on the basis of which the court determines the degree of incapacity. Moreover, the courts frequently appoint as presidents of medical boards physicians from insurance companies. Finally, the CGTP alleges that the amounts of payments in compensation in industrial accidents continue to decrease and in many cases are very low. For these reasons, the CGTP considers the integration of protection against industrial accidents into the general social security scheme to be of extreme urgency.

In its reply, the Government indicated that the Labour Procedures Code, approved by Legislative Decree No. 272-A/81 of 30 September 1981, in Chapter 1 of Title 6, which regulates procedures arising out of industrial accidents and diseases, would appear to take due account of the interests of the parties in such procedures. However, the Government informed the Ministry of Justice of the allegations of the CGTP for the purpose of clarifying the facts. As regards the low amounts of payments in compensation of industrial accidents, the Government indicated that it had signed with the social partners, including the CGTP-IN, the Agreement on Occupational Safety, Hygiene and Health which provided, inter alia, for the review of the legal provisions concerning methods for calculating compensation for occupational accidents and diseases, and that this revision was at present at the preliminary stage.

The Committee notes this information. It hopes that in its next report the Government will be able to indicate any progress made in the implementation of section 72 of Act No. 28/84. As regards the matters raised by the CGTP, the Committee would like to be informed of the results of the inquiry undertaken by the Ministry of Justice and of the revision of provisions concerning methods for calculating compensation for occupational accidents referred to by the Government.