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Comments adopted by the CEACR: Uruguay

Adopted by the CEACR in 2021

C032 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Part V of the report form. Application in practice. With reference to its previous comments, the Committee notes with interest the adoption of the Port Security and Hazardous Loads Manual approved by Decision No. 725/4.063 of 25 November 2020 of the National Port Administration, the purpose of which is to establish directives for the handling, unloading, storage and transport of hazardous goods in port installations.
The Committee notes the Government’s indication that the Tripartite Port Commission, established under Decree No. 394/018 of 2018 on the regulation of activities considered to be dock work agreed in 2020 on a protocol to prevent the propagation of the COVID-19 virus in ports. The Government also indicates that the inspections carried out under the due Decree began to be undertaken as from 2020, but have been temporarily replaced by inspections to control working conditions to prevent the propagation of the COVID-19 virus. The Committee requests the Government to continue providing information on the inspections carried out within the framework of Decree No. 394/018 of 2018 respecting the regulation of activities considered to be dock work, as well as information on the number and nature of the violations and accidents recorded.
Prospects for the ratification of the most up-to-date Convention. Noting the latest positive measures adopted by the Government in relation to the protection of dockworkers against accidents, the Committee encourages the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October-November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this field.

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2(2)(b) and 3 of the Convention. Wage boards and objective job evaluation. The Committee previously requested the Government to provide information on the specific measures taken with a view to the establishment of a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison to be made of different jobs in the public sector and to promote such evaluation in the private sector. In this respect, the Committee notes the Government’s indication that, from the analysis of the total number of salaried workers (private and public) and their average hourly wage income (taking into account main and secondary work), it can be noted that the wage income gap between men and women increased in 2019 in favour of men, reaching 3.7 per cent. The Government states that an increase in the gap in 2020 can be expected in view of the global health crisis generated by COVID-19, which affects women more than men. The Government adds that contractual clauses on gender (for example, care, equality of opportunity and treatment, gender-based violence, sexual and reproductive health, sexual harassment, special leave based on gender, etc.) are included in collective bargaining agreements on the wage boards, and that a steady increase in such clauses has been observed (in 2018, 140 out of 189 bargaining tables included these clauses). The Committee notes this information. The Committee requests the Government to provide information on the current method for the promotion of objective evaluation of jobs, in conformity with Article 3 of the Convention. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 4 of the Convention. Gender wage gap. The Committee previously requested the Government to provide information on any measures adopted with a view to reducing the wage gap between men and women workers, including the measures adopted within the framework of the National Gender Equality Strategy 2030 and Act No. 19580 on gender-based violence against women, and any measures adopted with a view to addressing educational and occupational segregation between men and women, and the results achieved. The Committee notes that the Government: (1) reports that it has carried out awareness-raising activities, and information and educational campaigns relating to the Convention, through Government bodies, in particular the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE), coordinated by the Ministry of Labour and Social Security, and together with the National Institute for Women and the employer and worker sectors, aiming to overcome, improve and eliminate the gender pay gap; (2) recognizes that there are challenges to the professional advancement of women, known as the glass ceiling, which prevents them from accessing high-level positions in enterprises and institutions, and indicates that work continues in this area; (3) has attached gender statistics from 2019 and indicates that it is noted that women receive on average 76.3 per cent of what men receive (it considers that the gap is due to the fact that, on average, women work fewer paid hours than men as a result of the high burden of unpaid work that constitutes a barrier to the full integration of women in the labour market); (4) states that with regard to the analysis of the difference between women’s and men’s income, there are significant differences according to the branch of activity in which men and women are occupied; (5) indicates that women’s representation increased substantially in the legislative power owing to the Act on quotas; and (6) states that, in the University of the Republic, 54 per cent of the teaching posts are occupied by women and 46 per cent by men (it indicates that in the higher positions, women are less represented). With regard to the National Gender Equality Strategy 2030, the Government states that under the current administration new priority strategic lines are being defined aimed at achieving gender equality. Lastly, with regard to the application of Act No. 19580, the Government indicates that: (1) the National Institute for Women of the Ministry of Social Development has a gender-based violence response system; (2) the system is integrated into various mechanisms, which in turn are part of the interinstitutional comprehensive response system to gender-based violence, in accordance with the law; and (3) the 2016–2019 Action Plan “For a life free from gender-based violence, with a generational perspective” recognizes the strategic importance of including within the interinstitutional comprehensive response system, a faster and more effective occupational integration response for women who are suffering or who have suffered gender-based violence. The Committee notes this information. While noting that the Government acknowledges that there are challenges to the professional advancement of women, which prevents them from accessing high-level positions in enterprises and institutions, the Committee requests the Government to take the necessary measures, in cooperation with workers’ and employers’ organizations, to continue its efforts to reduce the gender pay gap. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
Articles 1 and 2. Equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. With regard to its request to consider giving full legislative effect to the principle of the Convention and including in the legislation a definition of the term “remuneration”, in accordance with Article 1(a) of the Convention, the Committee notes in the Government’s report that the country has still not established a regulation defining the term “remuneration” and work of equal value. The Committee asks the Government to take, without delay, appropriate measures to give full legislative effect to the principle of equal pay for men and women for work of equal value.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) of 30 August 2019, indicating that it recognizes the efforts that have been made against all forms of discrimination.
Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy testing. The Committee notes the Government’s indication in its report, in reply to its request for information, that complaints have not been received by the general labour inspectorate and that it has no knowledge of complaints made to the judicial authorities concerning violations of Act No. 1868 of 23 December 2011, which prohibits pregnancy testing as a requirement for recruitment, promotion or retention in any position or employment in the public or private sectors.
Sexual harassment. With reference to its request for information on the measures adopted to prevent and eradicate sexual harassment at work, the Committee takes due note of the Government’s indications that: (1) the National Institute for Women (Inmujeres) is continuing to provide advice to institutions which so request for the establishment of commissions and the formulation of their action protocols; (2) an agreement has been concluded with the National School of Public Administration for it to carry out awareness-raising and courses on gender, including sexual harassment among the subjects to be covered; (3) information pamphlets have been distributed throughout the country by State institutions and social organizations and, within the context of the UN Women programme “Win-Win: Gender equality means good business”, support has been received to produce a video publicity spot on sexual harassment, in accordance with the latest legislative provisions; and (4) in 2020, the general labour inspectorate published two pamphlets to be distributed by labour inspectors to employers during enterprise inspections (one of the pamphlets refers to the legislative provisions on sexual harassment and the other deals with the measures to be adopted by all employers when a worker in the enterprise is a victim of domestic violence).
The Committee also notes the Government’s indication that in 2019 a total of 56 complaints concerning sexual harassment were made to the general labour inspectorate of the Ministry of Labour and Social Security, for which 22 cases were investigated and have been set aside without penalty, while 34 are still under investigation. In 2020, a total of 40 complaints were made, of which six were set aside without penalty and 32 are still under investigation. The Committee expresses the firm hope that the investigations will be completed in the very near future and that they will clarify responsibilities, punish those who are guilty and that appropriate compensation measures will be adopted. The Committee requests the Government to provide information on this subject and a copy of the respective administrative decisions.
Article 2. National Equality Policy. The Committee notes the detailed information provided by the Government on the National Gender Equality Strategy 2030, as approved by Decree No. 137/018 of 7 May 2018. The Government has provided full documentation and reports on the key challenges for the period 2020-25, as well as the minutes of meetings of the National Gender Council on the action taken and planned under the Strategy (for further information, see https://www.gub.uy/ministerio-desarrollo-social/consejo-nacional-genero). The Committee also notes the various activities undertaken by the Ministry of Labour and Social Security on gender-sensitive internal management (capacity-building and training measures, the creation of spaces for dialogue, etc), as well as similar initiatives in various public bodies. The Committee takes due note of this information and requests the Government to continue providing information on any follow-up measures relating to the National Gender Equality Strategy 2030, as well as other initiatives adopted and their impact.
With reference to its request for statistics disaggregated by sex, ethnic and racial extraction, age, disability and urban, suburban and rural areas of residence, which have been compiled within the context of the National Gender Equality Strategy 2030 in relation to the situation of men and women in employment and the various occupations, the Committee welcomes the comparative statistical data for 2017 and 2020 provided by the Government. The Committee notes that at the date on which the report was sent, 2020 data was not available on the distribution of the active population by African descent, age group and area of residence. The Committee requests the Government to provide updated statistics for the period covered by the next report and to indicate the manner in which the Strategy and the other measures referred to have contributed to the promotion of equality of opportunity and treatment in employment and occupation.
Access of women to employment. The Committee notes that, in reply to its request for information on the measures adopted to promote the access to employment of men and women on an equal footing and their impact on the participation of women in a broader range of jobs, including in non-traditional sectors, the Government provides 2019 statistics on employed persons by sex and branch of activity (indicating that 54.6 per cent of employed persons are men and 45.4 per cent women, and that the branches of activity with the highest percentages of women are teaching and health services, while those with the most men are agriculture, fishing, hunting and construction). Finally, the Committee takes due note of the information provided by the Government on the various initiatives relating to the labour market integration of women who are suffering or have suffered gender violence at work, as well as the initiatives of the National Employment and Vocational Training Institute (INFOP) of the Ministry of Labour and Social Security and Inmujeres in the Ministry of Social Development (MIDES). The Committee hopes that the Government will continue to take measures to reduce the disparity between men and women in employment.
Persons of African descent. The Committee notes that the Government: (1) provides information on the various Ministerial initiatives adopted for the promotion of policies for persons of African descent, and particularly Afro-Uruguayan women; (2) indicates that the impact of Act No. 19122, establishing the requirement to set aside 8 per cent of jobs in public bodies for persons of African descent has been uneven as, even though the goal has been easily met for educational grants, the percentage specified has not been attained for the jobs quota in the public sector; and (3) sends voluminous statistical data on the age and occupations of persons of African descent in the public sector and indicates that 50.79 per cent of men are engaged in general work and services, while 35.71 per cent of the women are engaged in administrative work and general services. The Committee takes due note of the educational measures adopted and requests the Government to provide information on any developments in the promotion of policies relating to the employment of persons of African descent.
Persons with disabilities. With reference to its request for information on the measures adopted to promote access to and retention in employment of persons with disabilities, the Government indicates that the report of the National Civil Service Office, which refers to the recruitment of persons with disabilities in the State sector, in accordance with the rules reserving a minimum of 4 per cent of the vacancies that become available each year, shows that 87 persons were recruited in 2019, representing 1.3 per cent of the vacancies for all the bodies covered by the requirement, 19 of which were in compliance with the minimum quota of 4 per cent of vacancies to be taken by persons with disabilities. The Committee notes the Government’s indications concerning the institutions which have recruited persons with disabilities, the work that they perform and the percentage of men and women. The Government indicates that new strategic measures are being developed to achieve gender equality and provides information on the existence of a register for enterprises interested in the labour market integration of persons with disabilities. Finally, the Committee notes the creation of the National Honorary Commission on Disability (CNHD), composed of representatives of public bodies, academics and civil society organizations, with responsibility for the formulation, examination, evaluation and implementation of national policy plans for the promotion, development, medical, psychological and social rehabilitation, and social integration of persons with disabilities. While taking due note of all the information provided, the Committee requests the Government to provide information on any developments in relation to the measures adopted to continue promoting access to employment for persons with disabilities.
Enforcement. Shift of the burden of proof. With reference to its request for information on whether legal procedures in cases of discrimination envisage the reversal of the burden of proof, the Government indicates that there is no rule in the national legislation that sets it out explicitly. In relation to sexual harassment, although no legislative provision covers the distribution of the burden of proof, regulatory Decree No. 256/017 calls for evidence-based proof. The Committee notes this information in response to its previous request.

C113 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.
Article 4(1) of the Convention. Validity of medical certificates. In its previous comments, the Committee requested the Government to indicate the specific provisions which ensure that the validity of medical certificates for young fishers under 21 years of age does not exceed one year from the date of issue, and to provide a copy of the standard form of medical certificate for persons under 21 years of age, and of the information provided on the new adolescent health card, the use of which is compulsory for health checks of young persons between 12 and 19 years of age. Furthermore, the Committee notes the Government’s reference to Resolution No. 3344/2017 of the Uruguayan Institute for Children and Young Persons (INAU) approving the List of Hazardous Occupations as of 1 December 2017. In this respect, the Committee notes that the Children and Young Persons Code, adopted by Act No. 17.823 of 7 September 2004, defines adolescents as persons over 13 and under 18 years of age (section 1). The Committee notes that the instructions for use of the new adolescent health card indicate that the validity period of the card, which must be recorded on the back of the card, is a maximum of one year for adolescents from 15 years of age and six months for those under 15 years of age. The Committee further notes that the Children and Young Persons Code provides that all adolescents under 18 years of age who wish to work shall be required to undergo an annual medical examination (section 168). The Committee notes this information.

C134 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the reports provided by the Government on the application of Conventions Nos 23, 108 and 134 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.
The Committee recalls that, under the Standards Review Mechanism, the Governing Body of the ILO, on the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, 108, 133 and 134, all of which have been ratified by Uruguay, as “outdated standards”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item on the abrogation of Conventions Nos 22, 23, 133 and 134 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, and of the Work in Fishing Convention, 2007 (No. 188), among countries bound by those Conventions. It also requested the Office to encourage the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), among countries bound by Convention No. 108. The Committee therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and Conventions Nos 185 and 188 and reminds it of the availability of technical assistance from the Office.
Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. Observing that the legislation referred to by the Government does not expressly guarantee the right to repatriation of seafarers in the event of shipwreck, the Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention. The Committee notes the Government’s reference to Decree No. 676/967 establishing rules on seafarers’ articles of agreement and repatriation, section 4 of which meets the requirements that the shipowner shall bear the return expenses of crew members, including everything related to the transportation, accommodation and maintenance of seafarers. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6 of the Convention. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. In its previous comments, the Committee requested the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention. Observing that the Government has not provided information on this point, the Committee reiterates its request.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2, paragraphs (1)–(3) and Article 3 of the Convention. Statistics of occupational accidents. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to these requirements of the Convention. The Committee notes the Government’s reference to the State Insurance Bank statistics on accidents involving fishers on board ship. While taking note of this information and recalling that the Convention applies to any ship, other than a ship of war, registered in its territory, the Committee requests the Government to adopt the necessary measures to ensure that: (i) statistics are kept on all occupational accidents occurring to seafarers working on board ships covered by the Convention (Article 2); and (ii) that research is undertaken into the general trends and hazards brought out by the statistics (Article 3).
Article 5. Obligation of seafarers to comply with accident prevention provisions. Observing that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains no binding recommendations to improve safety and health on board ships, the Committee requested the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention. The Committee notes the Government’s indication that Decree No. 406/988 of 3 June 1988 is the general provision on prevention for all activities for which there is no specific provision, as is the case with maritime labour. Recalling the need for legislation concerning the prevention of accidents to take into account the conditions specific to the maritime sector, the Committee requests the Government to take measures to give effect to Article 5 of the Convention.
Article 8. Programmes for the prevention of occupational accidents. In earlier comments, the Committee requested the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice. Observing that the Government provides no new information, the Committee requests the Government to take the necessary measures to establish, in accordance with Article 8, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners’ and seafarers’ organizations are represented.

C137 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2, 5 and 6 of the Convention. Measures implementing the Convention. With regard to its earlier comments, the Committee notes the various regulatory texts and other recently adopted measures provided by the Government, which contribute to implementation of the Convention. The Committee notes in particular Decree No. 394/018 of 26 November 2018 regulating activities considered as dock work undertaken by State bodies and port service providers, as well as the agreement signed on 20 October 2020 by a body of tripartite nature, the Wage Council of Group 13 “Transport and Storage”, subgroup 10, “Supplementary and auxiliary maritime activities, shipping agencies and port operators and terminals, maritime warehouses,” “port operators and terminals” Chapter, which establishes a revaluation of wages by category of dockworker (Article 5). The Committee also notes the National Port Administration Port safety and hazardous cargo manual, approved under resolution No. 725/4.063 of 25 November 2020, which sets out guidelines regarding the manipulation, handling, storing and transport of hazardous goods in port installations (Article 6). The Committee requests the Government to provide information on any national policy ensuring permanent or regular employment for dockworkers, or guaranteeing them a minimum period of employment or a minimum income, in conformity with the requirements of Article 2 of the Convention.
Point V of the report form. The Committee requests the Government to provide general indications on the manner in which the Convention is applied, in particular attaching all information available on the numbers of dockworkers and variations in these numbers.

C171 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s first report and the laws and regulations applying the provisions of the Convention, and particularly Act No. 19313 governing night work and its Regulations, issued by Decree No. 234/015, both adopted in 2015.
Article 6(1) and (2) of the Convention. Certification of workers as unfit for night work. The Committee notes that section 6 of the Regulations of Act No. 19313 provides that workers engaged in night work who, for reasons of health, can no longer undertake night work, shall be transferred, whenever practicable, to a similar job during daytime hours. The Committee notes that neither Act No. 19313 nor its Regulations specify the benefits that shall be granted to such workers if it is not possible to transfer them to such a job. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that night workers who, for reasons of health, are certified as unfit for night work, are granted the same benefits as other workers who are unable to work or to secure employment, if it is not practicable to transfer them to a similar job for which they are fit, in accordance with the requirements of this Article of the Convention.
Article 7(3)(a) and (c). Maternity. Protection against dismissal and the loss of benefits regarding status, seniority and access to promotion. The Committee notes that neither Act No. 19313 nor its Regulations contain provisions establishing the protection measures envisaged in Article 7(3)(a) and (c) of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that, during the periods referred to in Article 7(1) of the Convention: (i) a woman worker engaged in night work shall not be dismissed or given notice of dismissal for reasons connected with pregnancy or childbirth (Article 7(3)(a) of the Convention); and (ii) the woman worker shall not lose the benefits regarding status, seniority and access to promotion which may attach to her regular night work position (Article 7(3)(c) of the Convention).
Article 9. Social services. Noting the absence of information on this subject, the Committee requests the Government to indicate the measures adopted for the provision of appropriate social services for night workers and, where necessary, for workers performing night work, with an indication of the nature of such services.
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