Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the adoption of Act No. 99/2003 of 27 August 2003 issuing the Labour Code, as well as its regulations (Act No. 35/2004 of 29 July 2004).

Article 8, paragraph 2, of the Convention.  Division of the annual holiday with pay. The Committee notes that under section 217(6) of the Labour Code, the period covering the annual holiday with pay may be divided into parts, following an agreement between the employer and the worker, provided that one of the parts consists of ten consecutive working days. In this regard, the Committee recalls that the Convention requires that the minimum length of one of the parts is at least two uninterrupted working weeks, which would mean 12 working days’ holiday based on a six-day working week. The Committee requests the Government to provide clarification on this point.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Authority for Conditions of Work (ACT), as well as the information provided by the Autonomous Region of the Azores (RAA). It also notes the general comments made by the General Union of Workers (UGT) on the need for holidays as a result of the concentration of production, increasing urbanization, the sometimes breakneck pace of life, pollution, neighbourhood relations, social relations and the lack of satisfaction among workers with regard to cultural, recreational and domestic matters. The Committee requests the Government to continue to provide up to date information on the manner in which the Convention is applied in practice, including, in particular, extracts from the activity reports of the ACT indicating the number and type of violations reported and the sanctions imposed, information concerning the number of workers covered by the relevant legislation, etc.