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Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Uruguay (RATIFICATION: 1973)

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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.

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Articles 7(2) and 8(3) of the Convention. Compensatory rest. The Committee notes that Legislative Decree No. 14.320 of 17 December 1974 provides for a period of compensatory rest of 36 consecutive hours in commercial establishments. However, the Committee notes that, under the terms of section 5 of Legislative Decree No. 14.320 and section 1(3) of Act No. 15.996 of 17 November 1988 on overtime hours, as well as sections 5, 6 and 10 of Decree No. 550/989 of 12 December 1989, a worker employed during the period of weekly rest shall receive financial compensation. The Committee recalls that the Convention requires that a period of compensatory rest of a total duration at least equivalent to 24 hours be granted when exemptions to weekly rest are authorized. The Committee therefore requests the Government to specify the manner in which compensatory rest is guaranteed, irrespective of any financial compensation which may be offered, in cases in which such exemptions do not allow workers to benefit from a weekly rest period of at least 24 consecutive hours, as required by Articles 7(2) and 8(3) of the Convention.

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Article 3 of the Convention. Declaration of application to certain establishments. The Committee notes that the Government indicated in a previous report that all persons employed in the following establishments are granted weekly rest periods in accordance with the provisions of the Convention: (a) establishments, institutions and administrative services providing personal services; (b) post and telecommunications services; (c) newspaper undertakings; (d) theatres and places of public entertainment. The Committee reminds the Government that, in accordance with Article 3, paragraph 3, of the Convention, each Member which has ratified this Convention must indicate in its annual reports to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of the abovementioned establishments and any progress made with a view to the progressive application of the Convention in such establishments. It therefore requests the Government to examine the possibility of communicating a declaration to the Office, in accordance with Article 3, paragraph 2, of the Convention, indicating that it accepts the obligations of the Convention in respect of these establishments.

Article 6, paragraph 1. Minimum weekly rest period. The Committee notes the adoption of Act No. 18.065 of 15 November 2006 relating to domestic work, section 4 of which provides for an uninterrupted weekly rest period of 36 hours, including Sunday. It also notes the adoption of Act No. 18.197 of 14 November 2007 concerning weekly rest for the staff of condominiums, which provides for an uninterrupted weekly rest period of 36 hours for such employees but also for employees in administrative enterprises and property in seaside resorts, gardeners and persons responsible for the maintenance and supervision of jointly owned property. As the Committee understands it, draft legislation concerning the hours of work of rural workers – which might establish the principle of eight hours’ work per day and 48 hours’ work per week, and also weekly rest on Sundays – is currently the subject of consultations between the Ministry of Labour and Social Security and the trade unions. The Committee requests the Government to supply further details on this subject and to send a copy of any relevant legislation once it has been adopted.

Part V of the report form. Practical application. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number and nature of infringements reported relating to weekly rest and penalties imposed, information on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses relating to weekly rest, etc.