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Weekly Rest (Industry) Convention, 1921 (No. 14) - Uruguay (RATIFICATION: 1933)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest in industry) and 106 (weekly rest in commerce and offices) together.

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensatory rest. In its previous comments, the Committee noted that, under section 8 of Act No. 7318, a worker employed exceptionally on the weekly rest day has the right to choose either compensatory leave or cash compensation equivalent to double his or her wages. The Committee notes that the Government does not provide information in its report on the application in practice of this provision. The Committee recalls the importance of workers who are deprived of their weekly rest being granted compensatory rest in all cases, irrespective of any monetary compensation (see 2018 General Survey on working-time instruments, paragraph 252). The Committee requests the Government to adopt the necessary measures, whether legislative or otherwise, to ensure compensatory rest for workers employed on the weekly rest day, and to provide information in this respect.

CMNT_TITLE

Article 5 of the Convention. Compensatory rest. The Committee notes that Act No. 7318 of 10 December 1920 provides for a weekly rest period of at least 24 hours in industrial undertakings. The Committee notes, however, that under section 8 of Act No. 7318 and section 4 of Decree No. 550/989 of 12 December 1989, any worker employed exceptionally on the weekly rest day has the right to choose either compensatory leave or cash compensation equivalent to double the worker’s wages. The Committee recalls that the Convention provides that compensatory rest must, as far as possible, be granted for any exceptions to the normal scheme of weekly rest. The Committee requests the Government to indicate how provision is made, as far as possible, for compensatory rest regardless of any monetary compensation offered when a worker in an industrial undertaking is employed on a weekly rest day.