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Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2010. The Committee notes Decree No. 558/008 of 21 November 2008 establishing the Tripartite Advisory Commission, which will operate under the auspices of the Ministry of Labour and Social Security. The mandate of the Tripartite Advisory Commission reflects the provisions of Article 5(1) of the Convention. The operation of the Tripartite Advisory Commission is governed by the following rules: (1) the Tripartite Advisory Commission holds ordinary monthly meetings and extraordinary meetings when so required by the subjects or matters to be addressed; (2) meetings shall be convened five days in advance, with the exception of extraordinary meetings, which may be convened, upon request by the parties giving their reasons, 72 hours in advance; (3) the agenda shall be determined in advance and new items may only be included with the unanimous agreement of the parties; (4) items shall be addressed in a double discussion, unless it is unanimously decided otherwise: during the first discussion, the subject shall be presented and debated, and in the second discussion, following further debate, a decision shall be adopted; (5) if one sector is not present, the agenda will still be followed, with the Government delegates being under the obligation to forward a copy of the minutes with the items addressed to the absent sector: where such absence occurs in the meeting at which a decision has to be adopted, the decision shall not be prevented by such absence; (6) both the government sector and the social partners shall attend the meetings with their positions decided upon when the matter has previously been addressed in an earlier meeting; and (7) unless consensus or unanimity is achieved, decisions shall be adopted by a simple majority, with those voting against or abstaining having the opportunity to express their views. The Committee notes with interest that these rules consolidate the rules for the operation at the national level of a Tripartite Advisory Commission. Taking into account the observations of the International Organisation of Employers (IOE), the Chamber of Industries of Uruguay (CIU) and the National Chamber of Commerce and Services of Uruguay (CNCS), and the Government’s reply received in November 2010, the Committee hopes that the next report will include detailed information on the operation of the Tripartite Advisory Commission and indicate how account has been taken of the views expressed by the representative organizations consulted on each of the subjects enumerated in Article 5(1) of the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. With regard to the proposals made for the ratification of new Conventions, the Committee notes that, following tripartite consultations, the National Parliament approved in October 2009 the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and Workers’ Representatives Convention, 1971 (No. 135). The Committee notes with interest that the ratification of Convention No. 102 was registered in October 2010.

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Effective tripartite consultations. In its 2007 observation, the Committee noted the observations of the Inter-Union Assembly of Workers–National Convention of Workers (PIT–CNT) and trusted that the Government and the social partners would examine measures to ensure that initiatives are taken to give satisfaction to all the parties concerned in the consultations required by the Convention. In the report received in September 2008, the Government confirms that the examination of the possible ratification of Conventions Nos 102, 135, 158, 173, 187 and 188 was continued. Furthermore, with a view to examining the Maritime Labour Convention, 2006, a special commission had been established and specific information was awaited which was required from other authorities competent in maritime labour matters.

With regard to the operation of the Tripartite Working Group, a restructuring plan was submitted in the first meeting in 2008. Ordinary monthly meetings and extraordinary meetings were proposed where required by the themes or issues to be addressed. Meetings were to be convened five days in advance. The agenda was to be pre-established and new items could only be included with the unanimous support of the participants. The issues addressed would be covered by a double discussion. During the first discussion, an issue would be presented and discussed. At the next meeting, following a further discussion, a decision would be taken. The Government undertakes to transmit the report of the meeting to any of the sectors which did not attend. Failure to attend a meeting in which a decision was to be adopted would not prevent its adoption. Participants in meetings need to have a position determined when the issue has already been addressed in an earlier meeting. Decisions are adopted by majority, unless consensus or unanimity is achieved, with those who vote against or abstain being able to express their position, which should be recorded in the message sent to the legislative authority. The Committee notes with interest these measures for improving the application of the Convention and trusts that indications will be provided in the next report on the manner in which consultations have been held on international labour standards as required by the Convention. The Committee would also be grateful for information on the action taken as a result of proposals made for the ratification or implementation of Conventions and Recommendations examined by the Tripartite Working Group.

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1. Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2006 and the observations of the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT), and the Government’s reply.

2. Reports on the application of ratified Conventions. The Committee notes that, according to the PIT–CNT, tripartite consultations do not operate efficiently due to the lack of initiative by the Government. In this respect, the PIT–CNT indicates that the reports for 2006 were communicated on 31 August, which made it impossible for the workers’ organization to study and analyse them. According to the PIT–CNT, if reports are brought to their knowledge less than 24 hours before they are transmitted to the ILO, the requirements of Article 5 of the Convention are not being respected in terms of consulting workers’ organizations on the reports that have to be provided by the Government. In 2005, the PIT–CNT transmitted its observations directly to the ILO by electronic mail. The Government reports that the Tripartite Working Group held 13 meetings in 2004, 11 meetings in 2005 and four meetings during the period under consideration in 2006. The Government acknowledges that certain reports provided in 2006 had to be communicated to the social partners on the same dates that they were to be sent to the ILO. With regard to the functioning of the Tripartite Working Group, comments such as those made in 2006 had not previously been submitted to it. The Government indicates that it has sought solutions in practice for the holding of a seminar on international labour standards to enable those involved to understand the importance of the presentation of reports, and on other processes for the formulation of standards so as to provide the necessary information within the time limits established by the ILO.

3. Re-examination of unratified Conventions and of Recommendations. In the view of the PIT–CNT, although recognizing that progress has been made in relation to the previous situation, it is also necessary to re-examine unratified Conventions and the application of certain Recommendations that have not yet been given effect through the adoption of national provisions for their implementation with greater rapidity and more in-depth analysis than is currently the case. The Government indicates that consultations were held on the agenda of the 93rd and 95th Sessions of the Conference, the proposals made to Parliament with regard to Recommendations Nos 194 and 195 and on the ratification of Conventions (in 2004 and 2005, the ratifications were registered of Conventions Nos 167, 181 and 184; moreover, the possibility of ratifying Conventions Nos 158, 183 and 185 was considered).

4. Administrative support. In the view of the PIT–CNT, although acknowledging that the convening of meetings is notified by electronic mail one week beforehand, there are certain difficulties in gaining access to the materials necessary to be able to hold a really effective meeting and they are generally not available prior to the meeting, leading to difficulties in holding the meeting and delays and hold ups in the analysis and decisions on the various matters. In its reply, the Government indicates that it shares the concerns of the workers in relation to the administrative shortcomings and material support provided for the Tripartite Working Group, further indicating that the installation of computer equipment is envisaged in the near future.

5. The Committee recalls that in its view “effective consultations” are those which enable employers’ and workers’ organizations to put forward their opinions meaningfully on matters relating to the activities on international labour standards referred to in Article 5, paragraph 1, of the Convention. The Committee hopes that the Government and the social partners will be able to provide information on the initiatives taken to give satisfaction to all the parties concerned in the consultations required by the Convention. In this respect, the Committee trusts that the Government and the social partners will examine the procedures that ensure that the tripartite consultations required by the Convention have been held on the issue of the ratification or implementation of the Conventions and Recommendations that are being examined in the Tripartite Working Group, and that the draft reports are communicated to the social partners sufficiently in advance so that their comments can be included directly (Article 5, paragraph 1(c) and (d), of the Convention). It also hopes that the next report will contain updated information on the manner in which the administrative support, as required by the Convention for the consultation procedures established , is provided (Article, 4, paragraph 1).

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The Committee notes with interest the first report submitted by the Government on the application of the Convention. It would be grateful if the Government would provide additional information on the following points.

Article 4, paragraph 2, of the Convention. Please describe all the arrangements made or envisaged with the representative organisations for the financing of any necessary training of participants in the consultations required by the Convention.

Article 5, paragraph 1(b). Please provide information concerning the consultations held on the proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution.

Article 6. Lastly, please indicate whether consultations have been held with the representative organisations as to whether the issuance of an annual report on the working of existing consultation procedures is appropriate.