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Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Portugal (Ratification: 2012)

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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 9 of the Convention. Workers’ claims to be guaranteed through a guarantee institution. Further to its previous comments, the Committee notes the adoption of Decree Law No. 59 of 2015, which provides the new procedures for the Wage Guarantee Fund. It notes in particular that the Government indicates in its report that pursuant to that Decree Law, the Fund now also covers workers’ claims concerning enterprises undergoing a special revitalization procedure.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations from the International Organisation of Employers (IOE) and the Confederation of Portuguese Industry (CIP) received on 1 September 2014 regarding the protection of workers’ claims through the Wage Guarantee Fund (FGS) regulated under Act No. 35/2004 of 29 July. The IOE and the CIP consider that the entry into force of Act No. 16/2012 of 20 April, establishing a special revitalization procedure (PER) for enterprises that are in a situation of economic difficulty or insolvency, but which may recover, has the effect of leaving workers in enterprises undergoing a PER outside the protection of the FGS. The IOE and CIP therefore call for the amendment of section 318 of Act No. 35/2004 so that enterprises undergoing a PER are included among the situations covered by the FGS. The Committee requests the Government to provide any comment in this regard.