Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Protection of Wages Convention, 1949 (No. 95) - Portugal (Ratification: 1983)

Article 4 of the Convention (prohibition of the payment of wages in the form of liquor of high alcoholic content or of noxious drugs).  Further to its previous comments, the Committee notes once again the Government’s repeated reference to the restrictions that prevent the payment of wages in the form of alcoholic beverages or drugs harmful to health, referred to in certain sections of the Act on employment contracts, as article 21(1)(g) - respecting the prohibition of refectories, canteens, stores, etc., operated for the purpose of making a profit - article 91(1) and (3) - respecting the method of payment and authorizing partial payment in the form of allowances in kind - and article 92(3) - respecting the place of payment of wages - as well as in article 1(4) of the Decree-Law No. 69-A/87 of 9 February 1987. It recalls that these sections are not sufficient to give effect to this Article of the Convention. The Government also indicates that the fact of ratifying the Convention determines its incorporation in the Portuguese domestic law (article 8(2) of the Constitution), so that the prohibition of this provision of the Convention already exists in the national system. The Committee recalls that the fact of ratifying an international labour Convention, as a member State of the Organization, obliges the State to adopt the necessary legislation which would apply the provisions of the Convention to the country. Thus, the Committee reiterates its hope that the Government will take the necessary measures to bring its national regulations into conformity with this provision of the Convention.