CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Uruguay (RATIFICATION: 1973)

Other comments on C081

Observation

Direct Request

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Articles 3, 17 and 18 of the Convention. Inspection of working conditions and effective application of legal provisions. The Committee notes that in April 2010 an inter-institutional forum was established, entitled the “Forum for labour inclusion and formalization”, presided by the General Labour Inspectorate and composed of the authorities of the Ministry of the Economy and Finance, the Ministry of Social Development, the Ministry of Industry, the Social Welfare Bank, the General Directorate of Taxation, the General Directorate of Customs and the Planning and Budget Office. In this framework, policies were defined in relation to the various types of informality detected and agreement was reached on administrative measures, agreements and provisions. A subgroup coordinates the various inspection bodies and policies, together with the use of new technology tools, the exchange of information, etc. The Committee observes that a “Summer operation” was undertaken in February 2010 in Punta del Este and Barra, in the Department of Maldonado. The Government indicates that the violations detected during this operation included failure to produce the workplan and the staff list (34 cases), failure to register a number of workers and several foreign nationals without papers. The Committee requests the Government to provide information on the results of such operations in relation to the violations found and the penalties imposed on the employers concerned and the progress achieved in the regularization of workers. The Committee would also be grateful if the Government would provide information on the measures adopted by labour inspectors when they detect the failure to register foreign workers without papers.

Article 5(b) and Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81). Collaboration between labour inspection services and employers and workers or their representatives. According to the Government, labour inspection continues to play an active role in relation to the establishment of tripartite safety and health committees and it is hoped that their number will triple during the course of 2011. In particular, the Committee notes with interest that labour inspectors not only participate in the National Occupational Safety and Health Council (CONASSAT), but also in sectoral tripartite commissions at branch level (the chemicals, metallurgy, dairy, construction, clothing, liquid petroleum gas and commercial sectors, among others). Furthermore, the executive authorities took on board the recommendation made by the CONASSAT in relation to the updating of the list of occupational diseases, and the respective draft text will be submitted at the beginning of 2012. The Committee would be grateful if the Government would continue providing information on any progress achieved in the field of collaboration between the labour inspection services and employers and workers and on the impact of such collaboration in relation to the objective of protecting the health and safety of workers. In particular, the Committee hopes that the Government will provide information on progress in the process of updating the list of occupational diseases. It would also be grateful if the Government would provide information on collaboration at the regional, and possibly the local levels between the labour inspection services and the social partners in the field of the prevention of occupational risks.

Articles 13, 17, 18 and 21(e). Preventive function of labour inspection and effective application of legal provisions on occupational safety and health. The Committee notes that, between 1 January and 30 December 2010, of the same year, the CAT Division investigated a total of 65 industrial accidents. Of these, a total of 36 occurred in the manufacturing industry, and 11 of them were fatal, 16 were in the construction industry, of which three were fatal and 11 were in the agriculture and stock-raising industry, of which four were fatal. The Committee also notes that, during the same period, a total of 16,032 inspection activities were undertaken (including routine and targeted inspectors), in relation to safety and health in the construction sector, 6,009 in the manufacturing industry, 365 in the agricultural and stock-raising industry and 49 in the forestry industry. Furthermore, preventive closures were ordered in 858 cases with a view to eliminating serious and imminent risks for workers. The Committee would be grateful if the Government would continue to provide information on the preventive labour inspection activities undertaken and if it would ensure that future annual reports include statistics on cases of occupational disease. The Committee would also be grateful if the Government would provide statistics on the violations reported in relation to occupational safety and health (with an indication of the respective legal provisions) and the penalties imposed.

Child labour. The Committee notes that, through inter-institutional collaboration, a National Plan of Action to Eradicate Child Labour among Waste Sorters has been developed. The Committee would be grateful if the Government would take measures to ensure that henceforth annual inspection reports contain statistical data on labour inspection activities undertaken in the field of combating the worst forms of child labour, and on the results achieved.