Revision of statutory holiday system under discussion

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In 1998, the Portuguese Government presented for discussion a proposed revision of the statutory system of paid holidays. The social partners have taken their positions on this measure, which is based on a commitment made in the 1996-9 tripartite Strategic Concertation Pact.

During 1998, the Government presented a draft bill to amend Decree-law No. 874/756 of 28 December, which regulates entitlement to paid annual holidays. Holidays are presently calculated at the rate of two working days for each full month of service, which corresponds to 24 working days per year. The bill, which would establish a stronger relationship between the right to paid holidays and actual days worked, arises from a commitment in the 1996-9 tripartite Strategic Concertation Pact (Acordo de Concertação Estratégica, ACE), signed in December 1996 (PT9808190F).

At present, in computing the "full month of service for holiday purposes", all days of work completed are counted, whether they are consecutive or not. Some days not worked are counted as well when these are due to reasons such as prolonged illness, death of a close family member, giving emergency assistance to family members (not covered under maternity or paternity leave), and the first 10 working days missed due to illness each year (the remaining sick days are counted as 50%). Holidays granted by the employer (eg "bridge days" between public holidays and weekends) are not included.

The proposed alteration to the holiday law would discount one day of holidays for each 11 working days that the employee was absent for reasons that do not meet the above criteria for counting towards the month of service and holiday pay. However, workers would have the right to a minimum of 10 days' holiday each year. Holidays could be taken early by mutual agreement between the employee and employer and, in the interest of employees and at their request, employers could also authorise leaves without pay (one or more days) when it does not interfere with the functioning of the company (excused absences authorised in advance). Not included in the bill are the so-called "bridge days" (pontes) or collective days off granted by the employer, as well as some other aspects that the General Workers' Union (União Geral de Trabalhadores, UGT) would like to see clarified.

UGT also wants the bill to be clearer and criticises some points in it. It demands legal equality between spouses not legally separated and so-called common-law spouses in terms of the number of days off granted for family-related reasons, something the present bill does not address.