Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee takes note of the information supplied by the Government in its report.

1. In its previous comments, the Committee drew the Government's attention to the fact that Act No. 21/27 of 3 August 1965 respecting industrial accidents is not fully in conformity with the Convention. In the first place, section III of this Act does not treat Portuguese workers and foreign workers employed in Portugal on the same basis unless the legislation of the country in question grants equal treatment to Portuguese workers, whereas, according to Article 1 of the Convention, equality of treatment shall be granted to the nationals of any other Member which has ratified the Convention, regardless of whether the legislation of that other country, in fact, grants equality pursuant to the Convention. Secondly, paragraph 3 of the Act, in so far as it excludes from the scope of the Act foreign workers who are employed on behalf of a foreign undertaking and whose right to compensation is recognised under the legislation of their own country, is not fully in conformity with Article 2, which does not authorise such exclusion unless the employment of the foreign workers concerned is of a temporary or intermittent nature and such exclusion is provided for in a special agreement between the Members concerned.

In this connection, the Committee notes with interest that although the Government maintains its previous position with regard to the Act (namely, that the part of the Act which is incompatible with the Convention should be taken to have been abrogated by virtue of the relevant provisions of the Constitution) and although Portuguese practice permits the conclusion that such abrogation may take place, in order that no doubts as to the persons covered by the Act or responsibility for its enforcement may be raised, the Government has indicated that it will none the less take into account that it would be desirable for the legislation to be brought explicitly into conformity with the Convention when regulations are issued on industrial accidents.

The Committee asks the Government to provide information on any progress achieved in this connection.

2. With regard to the consultations provided for in paragraph 2, section 72 of Act No. 28/84, the Committee notes that accident compensation has not yet been integrated into the unified social security system, and that there has consequently been no change in the system under which responsibility rests with the employers, as provided in Act No. 21/27 and the supplementary legislation. The Committee asks the Government to continue to provide information on any consultations held in this respect.