Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Violence and Harassment Convention, 2019 (No. 190) - Uruguay (Ratification: 2020)

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT), received on 24 July 2023 and 31 August 2024, and the Government’s replies in this respect.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Government indicates in its report that the Bill to implement the Convention (hereafter “Bill”) is under discussion in the Tripartite Advisory Committee, and that it has undergone several amendments, such as the inclusion of a definition of “gender-based violence and harassment” under the terms of the Convention. The Committee notes that the PIT-CNT: (i) reiterates that the definition of “harassment” contained in the Bill conflicts with the Convention by requiring that acts must be repeated; and (ii) expresses concern regarding the reference to harassment perpetrated by “organizations”, without clarifying to which organizations or groups of individuals this provision refers. The Government indicates in its reply that defining “violence” and “harassment” as separate concepts provides clarity and is no less protective than the Convention, and that the reference to “organizations” refers to organizations of any nature. The Committee trusts that progress will be made in the discussion and adoption of provisions defining and prohibiting all forms of violence and harassment in the world of work covered by Article 1 of the Convention, and asks the Government to provide information on progress in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard, if it deems it necessary.

Articles 2 and 3. Scope. The Committee notes the observations of PIT-CNT, emphasizing that section 4 of the Bill is limited to violence and harassment occurring when commuting to and from work when the worker is performing a specific task assigned by the employer and the employer has taken responsibility for the worker’s transport. The Government indicates that this provision is consistent with Act No. 16.074 on occupational accidents. The Committee notes that the Bill appears to be aimed at implementing the Convention as a whole, with a view to preventing violence and harassment and ensuring the right of everyone to a world of work free from violence and harassment. The Committee therefore considers that it would be appropriate for the scope of the Bill to cover violence and harassment occurring within the parameters of the “world of work” as recognized by the Convention. The Committee trusts that the Bill will cover all contexts in which violence and harassment may occur in accordance with the Convention. It also once again asks the Government to provide information on the application in practice of Acts 18.561 and 19.580 (for example, cases in which these Acts have been applied to cases of gender-based violence or sexual harassment affecting persons protected under Article 2, or occurring in the contexts provided for in Article 3 of the Convention).

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government concerning the mainstreaming of the gender perspective in public bodies through the Specialized Gender Units, and the establishment of a department on sexual harassment within the National Institute for Women. The Committee also notes the indication of the PIT-CNT that the Bill: (i) does not provide for coordination with other regulations, such as those relating to occupational safety and health; and (ii) does not take into account, in section 6, the participation of tripartite actors in policy design. The Government responds that the fact that the State is responsible for designing and implementing policies for the prevention of harassment and violence in the world of work does not exclude or restrict tripartite dialogue within the National Occupational Safety and Health Council (CONASSAT). The Committee asks the Government to provide information on any measures taken to consult representative employers’ and workers’ organizations for the implementation of the Convention, including within CONASSAT. It also once again requests the Government to indicate the measures taken to address gender-based violence and harassment against all persons, and not only women, and to take into account violence and harassment that may involve third parties.

Article 8. Appropriate prevention measures. The Government indicates: (i) the preventive measures on violence and harassment under the ACCESOS formal labour market integration programme, namely, the inclusion of preventive obligations in agreements with partner institutions, a zero-tolerance clause in the beneficiaries’ engagement agreement, training for programme staff, and information provided to beneficiaries; and (ii) that, in the informal economy, in every case handled by the General Labour and Social Security Inspectorate (IGTSS), it is verified whether the enterprise or institution concerned has taken measures to prevent violence and harassment. The PIT-CNT also indicates the existence of the Protocol for the prevention, detection and handling of sexual harassment in private educational establishments (adopted in Group 16 of the Wage Council). The Committee once again requests the Government to provide information on: (i) the number of cases of violence and harassment against informal workers that have been brought to the attention of the IGTSS, as well as the protection measures and the sanctions adopted in this regard; and (ii) the measures taken or planned for the prevention of violence against informal workers, including those aimed at preventing violence and harassment by the public authorities; The Committee also asks the Government to continue providing information on the measures taken to prevent violence and harassment in specific sectors, occupations and work arrangements.

Article 9. Responsibilities of employers. The Committee notes that: (i) according to the Government, the IGTSS requires the adoption of protocols on violence and harassment when, in the course of dealing with specific complaints, their absence is identified; and (ii) section 6(i) of Decree No. 680/997, under which the IGTSS could require, as a “preventive measure”, the adoption of protocols on violence and harassment, is not expressly referred to in the new Decree No. 371/2022, which replaces it. The Committee emphasizes that addressing violence and harassment in workplace policies should be clearly established in legislation, without depending on the prior submission of complaints in the enterprise or institution concerned. In this regard, the Committee welcomes the establishment of several internal protocols and bipartite committees relating to work-related harassment and moral or sexual harassment in various ministries and public institutions. The Committee also notes the Government’s indication that, with respect to information and training obligations concerning sexual harassment, failure to comply constitutes a serious violation (section 5(i) of Decree No. 186/004), and that the IGTSS checks both the existence and the content of such information and training. The Committee further notes that section 5 of the Bill, which establishes employers’ duties in terms similar to those of the Convention, does not refer to consultation with workers’ organizations for the adoption and implementation of workplace policies, nor to the use of information and training in accessible formats. The Committee trusts that the Bill will require consultation with workers’ representatives regarding the adoption and implementation of a workplace policy and that information and training is provided in accessible formats as appropriate. The Committee once again asks the Government to indicate the manner in which employers and bipartite occupational safety and health cooperation bodies deal with issues of violence and harassment in the world of work in practice (for example whether such bodies are consulted in the development of workplace measures or how incidents of violence and harassment are taken into account in the identification of risks).

Article 10(a) and (h). Monitoring and enforcement. The Government indicates that in 2023 the IGTSS received 512 complaints of work-related harassment and 41 complaints of sexual harassment. The Committee also notes that the PIT-CNT emphasizes that, although the increase in complaints received by the IGTSS since 2021 may be due to a greater willingness to report and improvements in reporting channels, the delays in their handling and resolution are a matter of concern, given the significant volume of complaints and the need to strengthen the capacity of the labour inspectorate in this regard. The Committee asks the Government to: (i) provide information on the measures taken to strengthen the capacity of the labour inspectorate to handle complaints of violence and harassment (such as training of inspectors and judges, the development of guidelines, and measures to ensure that the labour inspectorate has the necessary resources); and (ii) continue providing information on the number of cases brought to the attention of the labour inspectorate and other competent authorities, as well as on the penalties imposed and the remedies granted.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes in relation to the Bill that: (i) section 11 establishes protection against dismissal or disciplinary sanctions taken in retaliation against the affected worker and witnesses; and (ii) section 12 provides that administrative or judicial decisions that do not establish the existence of the reported harassment or violence shall not affect the validity of the employment relationship, while allowing for the corresponding criminal action where a complaint has demonstrably been lodged through deceit or fraudulent means. In this regard, the Committee notes the indication by the PIT-CNT that the Bill provides for specific time limits for internal investigation procedures, but not for the activities of the labour inspectorate. The Government responds, in this regard, that the IGTSS acts in accordance with the procedure for violations of fundamental rights set out in Decree No. 371/022. The Committee also notes that the PIT-CNT and the Government express differing views regarding the legal nature of dismissal in retaliation (null and void or abusive) as provided for in section 11 of the Bill. With regard specifically to gender-based violence, the Committee notes the Government’s indication that the Gender-Based Violence Response System receives and provides an initial response to situations of work-related sexual harassment and other forms of gender-based violence. The Committee asks the Government whether consideration has been given to ensuring that section 11 of the Bill provides protection, not only against sanctions or dismissal, but against any unfavourable measure taken in retaliation for lodging a complaint of violence and harassment (such as, for example, a change in working conditions). The Committee also asks the Government whether consideration has been given to extending the coverage of some of the existing complaint or support mechanisms to cases of gender-based violence and harassment against all persons.

Easy access to appropriate and effective remedies. The PIT-CNT emphasizes that the Bill appears to underestimate remedies for work-related harassment (minimum compensation of three months’ wages), in contrast with sexual harassment (minimum compensation of six months’ wages provided for in the specific legislation). The Committee asks the Government to provide information on progress made in relation to the Bill. It also asks the Government to provide examples of remedies that have been granted in specific cases of violence and harassment in the world of work.

Article 10(c). Protection of privacy and confidentiality. The Government indicates that, under a 2012 resolution of the Ministry of Labour and Social Security, information relating to inspections and complaints of non-compliance with labour standards – particularly sexual harassment and work-related harassment – is treated as confidential until a final decision is issued. The Committee also notes that, under section 14 of Decree No. 371/2022, labour inspectors are required to maintain the confidentiality of the reports and complaints they receive, and that section 8 of the Bill to implement the Convention provides that employers must conduct internal investigations on a confidential basis. The Committee notes this information.

Article 10(d). Sanctions. The Committee notes the Government’s explanation, in response to its previous comment, that a serious infringement is deemed to be any “failure to comply with legal requirements affecting substantive aspects of employment relations” (section 5(i) of Decree No. 186/004). The Committee asks the Government to provide information on cases in which section 5(i) has been applied to conduct involving violence and harassment in the world of work.

Article 10(f). Domestic violence. The Committee recalls that section 40 of Act No. 19.580 provides for a series of measures to ensure the retention in work of women victims of violence, and emphasizes that, while women are typically more exposed to domestic violence, men can also be victims of this phenomenon. The Committee once again asks the Government to indicate whether section 40 of Act No. 19.580, or other similar measures, apply to cases of domestic violence against all persons.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Government once again refers to the legislative provisions that allow for the adoption of precautionary protection measures once a complaint has been lodged. The Committee notes that Article 10(g) of the Convention concerns the right to remove oneself from a work situation without the need to have lodged a complaint. The Committee once again requests the Government to provide information on the measures taken or envisaged aimed at recognizing the right to remove oneself from a work situation in cases of violence and harassment and the duty to inform management.

Article 11(a). Addressing violence and harassment in relevant policies. The Government refers to: (i) the National Plan for a Life Free from Gender-based Violence against Women 2022–24, which provides for expanded support and counselling in cases of work-related gender-based harassment and violence, and the development of documents and guidelines on work-related sexual harassment;); (ii) the Gender Equality Quality Model (MCEG) certification, which includes among its required measures the prevention and monitoring of sexual harassment and gender-based violence; and (iii) the Specialized Gender Units, which provide guidance to mainstream the response to gender-based violence throughout the functioning of all State bodies. The Committee once again asks the Government to provide information on the measures taken under policies concerning trans persons (as set out in Act No. 19.684), and under occupational safety and health policies (such as those of the CONASSAT and the sectoral tripartite committees), to address violence and harassment in the world of work.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee notes that the Government provides information on measures taken: (i) through the IGTSS and the National Institute for Women to establish work-related sexual harassment committees and to train their members, as well as to provide training on harassment and violence to public and private bodies, sectoral tripartite committees, and officials responsible for assessing the MCEG; (ii) to inform participants in the ACCESOS programme of their right to work that is free from violence and harassment; and (iii) to systematize contentious-administrative case law relating to the activities of the IGTSS concerning work-related harassment and sexual harassment. The PIT-CNT also indicates that model collective bargaining clause proposals have been drafted, and that the Ministry of Labour and Social Security has published a manual for the prevention and elimination of work-related gender-based violence. The Committee asks the Government to provide any available information on the level of participation of men and women in the initiatives it continues to implement, and to indicate whether any of them have been provided in accessible formats as appropriate.