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

The Committee takes note of the Government's report. The Committee recalls that, in its last comment, it took note of the summary of the comments made by the Confederation of Portuguese Industry (CIP), which it was unable to examine fully because it had not received the original text. The Committee notes that, in a letter of 19 June 1990, the CIP refers to its previous comments on the application of this Convention. However, since the Government has not sent the text of the CIP's comments, the Committee cannot refer to them. The Committee hopes that the Government will provide the text of the CIP's comments with its next report.

Article 12 of the Convention. With reference to its previous comments, the Committee notes the explanations provided by the Government. With regard to paragraphs 1 and 3 of this Article, it recalls that paragraph 1 stipulates that the maximum amounts of advances on wages shall be regulated by the competent authority. Section 95(1) Act respecting labour contracts establishes the general principle that there shall be no withholding of or deductions from workers' wages by the employer to recover any loans that the employer may have extended to workers; section 95(2) of the Act establishes the exceptions to this principle and section 95(3) provides that the total amount of certain authorised deductions may not exceed one sixth of the worker's total wage. However, neither this provision of the Act nor the courts' interpretation specify the maximum amount of advances on wages which may be granted to workers, or the manner of repayment. Consequently, the Committee hopes that the Government will adopt the necessary measures to: (a) bring the legislation into line with practice as regards limiting the amount of advances which may be made to a worker in consideration of his taking up employment (paragraph 2 of this Article of the Convention); (b) establish the maximum amounts and manner of repayment of advances on wages (paragraph 1 of this Article of the Convention); and (c) establish that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date (paragraph 3 of this Article of the Convention).

Article 15. The Committee takes note of the information supplied in the Government's report.