Resolução da Assembleia da República n.º 110/2012, de 08 de Agosto de 2012
Resolução da Assembleia da República n.º 110/2012 Aprova a Convenção n.º 173 Relativa à Proteção dos Créditos dos Trabalhadores em Caso de Insolvência do Empregador, adotada pela Conferência Geral da Organização Internacional do Trabalho, na sua 79.ª Sessão, realizada em Genebra, em 23 de junho de 1992. A Assembleia da República resolve, nos termos da alínea
i) do artigo 161.º e do n.º 5 do artigo 166.º da Cons- tituição, aprovar a Convenção n.º 173 Relativa à Proteção dos Créditos dos Trabalhadores em Caso de Insolvência do Empregador, adotada pela Conferência Geral da Or- ganização Internacional do Trabalho, na sua 79.ª Sessão, realizada em Genebra, em 23 de junho de 1992, cujo texto, na versão autenticada na língua inglesa, assim como a respetiva tradução para língua portuguesa, se publicam em anexo.
Aprovada em 8 de junho de 2012. A Presidente da Assembleia da República, Maria da Assunção A. Esteves.
CONVENTION 173 — CONVENTION CONCERNING PROTECTION OF WORKERS’ CLAIMS IN THE EVENT OF THE INSOLVENCY OF THEIR EMPLOYER The General Conference of the International Labour Organisation: Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 79th Session on 3 June 1992; and Stressing the importance of the protection of workers’ claims in the event of the insolvency of their employer and recalling the provisions on this subject in article 11 of the Protection of Wages Convention, 1949, and article 11 of the Workmen’s Compensation (Accidents) Convention; 1925; and Noting that, since the adoption of the Protection of Wages Convention, 1949, greater value has been placed on the rehabilitation of insolvent enterprises and that, because of the social and economic consequences of insolvency, efforts should be made where possible to rehabilitate en- terprises and safeguard employment; and Noting that since the adoption of the aforementioned standards, significant developments have taken place in the law and practice of many Members which have improved the protection of workers’ claims in the event of insolvency of their employer, and considering that it would be timely for the Conference to adopt new standards on the subject of workers’ claims; and Having decided upon the adoption of certain proposals with regard to the protection of workers’ claims in the event of the insolvency of their employer, which is the fourth item on the agenda of the session; and Having determined that these proposals shall take the form of an international Convention: Adopts this twenty -third day of June of the year one thousand nine hundred and ninety -two the following Con- vention, which may be cited as the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992. PART I General provisions Article 1 1 — For the purposes of this Convention, the term «in- solvency» refers to situations in which, in accordance with national law and practice, proceedings have been opened relating to an employer’s assets with a view to the collec- tive reimbursement of its creditors. 2 — For the purposes of this Convention, a Member may extend the term «insolvency» to other situations in which workers’ claims cannot be paid by reason of the financial situation of the employer, for example where the amount of the employer’s assets is recognised as being insufficient to justify the opening of insolvency proceedings. 3 — The extent to which an employer’s assets are subject to the proceedings referred to in paragraph 1 above shall be determined by national laws, regulations or practice.
Article 2 The provisions of this Convention shall be applied by means of laws or regulations or by any other means con- sistent with national practice.
Article 3 1 — A Member which ratifies this Convention shall accept either the obligations of part II , providing for the protection of workers’ claims by means of a privilege, or the obligations of part III , providing for the protection of workers’ claims by a guarantee institution, or the obli- gations of both parts.
This choice shall be indicated in a declaration accompanying its ratification. 2 — A Member which has initially accepted only part II or only part III of this Convention may thereafter, by a declaration communicated to the Director -General of the International Labour Office, extend its acceptance to the other part. 3 — A Member which accepts the obligations of both parts of this Convention may, after consulting the most re- presentative organisations of employers and workers, limit the application of part III to certain categories of workers and to certain branches of economic activity.
Such limi- tations shall be specified in the declaration of acceptance. 4 — A Member which has limited its acceptance of the obligations of part III in accordance with paragraph 3 above shall, in its first report under article 22 of the Constitution of the International Labour Organisation, give the reasons for limiting its acceptance.
In subsequent reports it shall provide information on any extension of the protection under part III of this Convention to other categories of workers or other branches of economic activity. 5 — A Member which has accepted the obligations of parts II and III of this Convention may, after consulting the most representative organisations of employers and workers, exclude from the application of part II those claims which are protected pursuant to part III . 6 — Acceptance by a Member of the obligations of part II of this Convention shall ipso jure involve the termi- nation of its obligations under article 11 of the Protection of Wages Convention, 1949. 7 — A Member which has accepted only the obliga- tions of part III of this Convention may, by a declaration communicated to the Director -General of the Interna- tional Labour Office, terminate its obligations under article 11 of the Protection of Wages Convention, 1949, in respect of those claims which are protected pursuant to part III . Article 4 1 — Subject to the exceptions provided for in paragraph 2 below, and to any limitations specified in accordance with article 3, paragraph 3, this Convention shall apply to all employees and to all...
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