Texts of pending comments

Part V of the report form. Application in practice. With reference to its previous comments, the Committee notes with interest the adoption of the Port Security and Hazardous Loads Manual approved by Decision No. 725/4.063 of 25 November 2020 of the National Port Administration, the purpose of which is to establish directives for the handling, unloading, storage and transport of hazardous goods in port installations.

The Committee notes the Government’s indication that the Tripartite Port Commission, established under Decree No. 394/018 of 2018 on the regulation of activities considered to be dock work agreed in 2020 on a protocol to prevent the propagation of the COVID-19 virus in ports. The Government also indicates that the inspections carried out under the due Decree began to be undertaken as from 2020, but have been temporarily replaced by inspections to control working conditions to prevent the propagation of the COVID-19 virus. The Committee requests the Government to continue providing information on the inspections carried out within the framework of Decree No. 394/018 of 2018 respecting the regulation of activities considered to be dock work, as well as information on the number and nature of the violations and accidents recorded.

Prospects for the ratification of the most up-to-date Convention. Noting the latest positive measures adopted by the Government in relation to the protection of dockworkers against accidents, the Committee encourages the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October-November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this field.

Articles 2(2)(b) and 3 of the Convention. Wage boards and objective job evaluation. The Committee previously requested the Government to provide information on the specific measures taken with a view to the establishment of a mechanism for the objective evaluation of jobs with a gender perspective that enables a comparison to be made of different jobs in the public sector and to promote such evaluation in the private sector. In this respect, the Committee notes the Government’s indication that, from the analysis of the total number of salaried workers (private and public) and their average hourly wage income (taking into account main and secondary work), it can be noted that the wage income gap between men and women increased in 2019 in favour of men, reaching 3.7 per cent. The Government states that an increase in the gap in 2020 can be expected in view of the global health crisis generated by COVID-19, which affects women more than men. The Government adds that contractual clauses on gender (for example, care, equality of opportunity and treatment, gender-based violence, sexual and reproductive health, sexual harassment, special leave based on gender, etc.) are included in collective bargaining agreements on the wage boards, and that a steady increase in such clauses has been observed (in 2018, 140 out of 189 bargaining tables included these clauses). The Committee notes this information. The Committee requests the Government to provide information on the current method for the promotion of objective evaluation of jobs, in conformity with Article 3 of the Convention. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

Articles 1 and 4 of the Convention. Gender wage gap. The Committee previously requested the Government to provide information on any measures adopted with a view to reducing the wage gap between men and women workers, including the measures adopted within the framework of the National Gender Equality Strategy 2030 and Act No. 19580 on gender-based violence against women, and any measures adopted with a view to addressing educational and occupational segregation between men and women, and the results achieved. The Committee notes that the Government: (1) reports that it has carried out awareness-raising activities, and information and educational campaigns relating to the Convention, through Government bodies, in particular the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE), coordinated by the Ministry of Labour and Social Security, and together with the National Institute for Women and the employer and worker sectors, aiming to overcome, improve and eliminate the gender pay gap; (2) recognizes that there are challenges to the professional advancement of women, known as the glass ceiling, which prevents them from accessing high-level positions in enterprises and institutions, and indicates that work continues in this area; (3) has attached gender statistics from 2019 and indicates that it is noted that women receive on average 76.3 per cent of what men receive (it considers that the gap is due to the fact that, on average, women work fewer paid hours than men as a result of the high burden of unpaid work that constitutes a barrier to the full integration of women in the labour market); (4) states that with regard to the analysis of the difference between women’s and men’s income, there are significant differences according to the branch of activity in which men and women are occupied; (5) indicates that women’s representation increased substantially in the legislative power owing to the Act on quotas; and (6) states that, in the University of the Republic, 54 per cent of the teaching posts are occupied by women and 46 per cent by men (it indicates that in the higher positions, women are less represented). With regard to the National Gender Equality Strategy 2030, the Government states that under the current administration new priority strategic lines are being defined aimed at achieving gender equality. Lastly, with regard to the application of Act No. 19580, the Government indicates that: (1) the National Institute for Women of the Ministry of Social Development has a gender-based violence response system; (2) the system is integrated into various mechanisms, which in turn are part of the interinstitutional comprehensive response system to gender-based violence, in accordance with the law; and (3) the 2016–2019 Action Plan “For a life free from gender-based violence, with a generational perspective” recognizes the strategic importance of including within the interinstitutional comprehensive response system, a faster and more effective occupational integration response for women who are suffering or who have suffered gender-based violence. The Committee notes this information. While noting that the Government acknowledges that there are challenges to the professional advancement of women, which prevents them from accessing high-level positions in enterprises and institutions, the Committee requests the Government to take the necessary measures, in cooperation with workers’ and employers’ organizations, to continue its efforts to reduce the gender pay gap. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Articles 1 and 2. Equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. With regard to its request to consider giving full legislative effect to the principle of the Convention and including in the legislation a definition of the term “remuneration”, in accordance with Article 1(a) of the Convention, the Committee notes in the Government’s report that the country has still not established a regulation defining the term “remuneration” and work of equal value. The Committee asks the Government to take, without delay, appropriate measures to give full legislative effect to the principle of equal pay for men and women for work of equal value.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) of 30 August 2019, indicating that it recognizes the efforts that have been made against all forms of discrimination.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy testing. The Committee notes the Government’s indication in its report, in reply to its request for information, that complaints have not been received by the general labour inspectorate and that it has no knowledge of complaints made to the judicial authorities concerning violations of Act No. 1868 of 23 December 2011, which prohibits pregnancy testing as a requirement for recruitment, promotion or retention in any position or employment in the public or private sectors.

Sexual harassment. With reference to its request for information on the measures adopted to prevent and eradicate sexual harassment at work, the Committee takes due note of the Government’s indications that: (1) the National Institute for Women (Inmujeres) is continuing to provide advice to institutions which so request for the establishment of commissions and the formulation of their action protocols; (2) an agreement has been concluded with the National School of Public Administration for it to carry out awareness-raising and courses on gender, including sexual harassment among the subjects to be covered; (3) information pamphlets have been distributed throughout the country by State institutions and social organizations and, within the context of the UN Women programme “Win-Win: Gender equality means good business”, support has been received to produce a video publicity spot on sexual harassment, in accordance with the latest legislative provisions; and (4) in 2020, the general labour inspectorate published two pamphlets to be distributed by labour inspectors to employers during enterprise inspections (one of the pamphlets refers to the legislative provisions on sexual harassment and the other deals with the measures to be adopted by all employers when a worker in the enterprise is a victim of domestic violence).

The Committee also notes the Government’s indication that in 2019 a total of 56 complaints concerning sexual harassment were made to the general labour inspectorate of the Ministry of Labour and Social Security, for which 22 cases were investigated and have been set aside without penalty, while 34 are still under investigation. In 2020, a total of 40 complaints were made, of which six were set aside without penalty and 32 are still under investigation. The Committee expresses the firm hope that the investigations will be completed in the very near future and that they will clarify responsibilities, punish those who are guilty and that appropriate compensation measures will be adopted. The Committee requests the Government to provide information on this subject and a copy of the respective administrative decisions.

Article 2. National Equality Policy. The Committee notes the detailed information provided by the Government on the National Gender Equality Strategy 2030, as approved by Decree No. 137/018 of 7 May 2018. The Government has provided full documentation and reports on the key challenges for the period 2020-25, as well as the minutes of meetings of the National Gender Council on the action taken and planned under the Strategy (for further information, see https://www.gub.uy/ministerio-desarrollo-social/consejo-nacional-genero). The Committee also notes the various activities undertaken by the Ministry of Labour and Social Security on gender-sensitive internal management (capacity-building and training measures, the creation of spaces for dialogue, etc), as well as similar initiatives in various public bodies. The Committee takes due note of this information and requests the Government to continue providing information on any follow-up measures relating to the National Gender Equality Strategy 2030, as well as other initiatives adopted and their impact.

With reference to its request for statistics disaggregated by sex, ethnic and racial extraction, age, disability and urban, suburban and rural areas of residence, which have been compiled within the context of the National Gender Equality Strategy 2030 in relation to the situation of men and women in employment and the various occupations, the Committee welcomes the comparative statistical data for 2017 and 2020 provided by the Government. The Committee notes that at the date on which the report was sent, 2020 data was not available on the distribution of the active population by African descent, age group and area of residence. The Committee requests the Government to provide updated statistics for the period covered by the next report and to indicate the manner in which the Strategy and the other measures referred to have contributed to the promotion of equality of opportunity and treatment in employment and occupation.

Access of women to employment. The Committee notes that, in reply to its request for information on the measures adopted to promote the access to employment of men and women on an equal footing and their impact on the participation of women in a broader range of jobs, including in non-traditional sectors, the Government provides 2019 statistics on employed persons by sex and branch of activity (indicating that 54.6 per cent of employed persons are men and 45.4 per cent women, and that the branches of activity with the highest percentages of women are teaching and health services, while those with the most men are agriculture, fishing, hunting and construction). Finally, the Committee takes due note of the information provided by the Government on the various initiatives relating to the labour market integration of women who are suffering or have suffered gender violence at work, as well as the initiatives of the National Employment and Vocational Training Institute (INFOP) of the Ministry of Labour and Social Security and Inmujeres in the Ministry of Social Development (MIDES). The Committee hopes that the Government will continue to take measures to reduce the disparity between men and women in employment.

Persons of African descent. The Committee notes that the Government: (1) provides information on the various Ministerial initiatives adopted for the promotion of policies for persons of African descent, and particularly Afro-Uruguayan women; (2) indicates that the impact of Act No. 19122, establishing the requirement to set aside 8 per cent of jobs in public bodies for persons of African descent has been uneven as, even though the goal has been easily met for educational grants, the percentage specified has not been attained for the jobs quota in the public sector; and (3) sends voluminous statistical data on the age and occupations of persons of African descent in the public sector and indicates that 50.79 per cent of men are engaged in general work and services, while 35.71 per cent of the women are engaged in administrative work and general services. The Committee takes due note of the educational measures adopted and requests the Government to provide information on any developments in the promotion of policies relating to the employment of persons of African descent.

Persons with disabilities. With reference to its request for information on the measures adopted to promote access to and retention in employment of persons with disabilities, the Government indicates that the report of the National Civil Service Office, which refers to the recruitment of persons with disabilities in the State sector, in accordance with the rules reserving a minimum of 4 per cent of the vacancies that become available each year, shows that 87 persons were recruited in 2019, representing 1.3 per cent of the vacancies for all the bodies covered by the requirement, 19 of which were in compliance with the minimum quota of 4 per cent of vacancies to be taken by persons with disabilities. The Committee notes the Government’s indications concerning the institutions which have recruited persons with disabilities, the work that they perform and the percentage of men and women. The Government indicates that new strategic measures are being developed to achieve gender equality and provides information on the existence of a register for enterprises interested in the labour market integration of persons with disabilities. Finally, the Committee notes the creation of the National Honorary Commission on Disability (CNHD), composed of representatives of public bodies, academics and civil society organizations, with responsibility for the formulation, examination, evaluation and implementation of national policy plans for the promotion, development, medical, psychological and social rehabilitation, and social integration of persons with disabilities. While taking due note of all the information provided, the Committee requests the Government to provide information on any developments in relation to the measures adopted to continue promoting access to employment for persons with disabilities.

Enforcement. Shift of the burden of proof. With reference to its request for information on whether legal procedures in cases of discrimination envisage the reversal of the burden of proof, the Government indicates that there is no rule in the national legislation that sets it out explicitly. In relation to sexual harassment, although no legislative provision covers the distribution of the burden of proof, regulatory Decree No. 256/017 calls for evidence-based proof. The Committee notes this information in response to its previous request.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

Article 4(1) of the Convention. Validity of medical certificates. In its previous comments, the Committee requested the Government to indicate the specific provisions which ensure that the validity of medical certificates for young fishers under 21 years of age does not exceed one year from the date of issue, and to provide a copy of the standard form of medical certificate for persons under 21 years of age, and of the information provided on the new adolescent health card, the use of which is compulsory for health checks of young persons between 12 and 19 years of age. Furthermore, the Committee notes the Government’s reference to Resolution No. 3344/2017 of the Uruguayan Institute for Children and Young Persons (INAU) approving the List of Hazardous Occupations as of 1 December 2017. In this respect, the Committee notes that the Children and Young Persons Code, adopted by Act No. 17.823 of 7 September 2004, defines adolescents as persons over 13 and under 18 years of age (section 1). The Committee notes that the instructions for use of the new adolescent health card indicate that the validity period of the card, which must be recorded on the back of the card, is a maximum of one year for adolescents from 15 years of age and six months for those under 15 years of age. The Committee further notes that the Children and Young Persons Code provides that all adolescents under 18 years of age who wish to work shall be required to undergo an annual medical examination (section 168). The Committee notes this information.

The Committee notes the reports provided by the Government on the application of Conventions Nos 23, 108 and 134 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee recalls that, under the Standards Review Mechanism, the Governing Body of the ILO, on the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, 108, 133 and 134, all of which have been ratified by Uruguay, as “outdated standards”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item on the abrogation of Conventions Nos 22, 23, 133 and 134 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, and of the Work in Fishing Convention, 2007 (No. 188), among countries bound by those Conventions. It also requested the Office to encourage the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), among countries bound by Convention No. 108. The Committee therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and Conventions Nos 185 and 188 and reminds it of the availability of technical assistance from the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. Observing that the legislation referred to by the Government does not expressly guarantee the right to repatriation of seafarers in the event of shipwreck, the Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention. The Committee notes the Government’s reference to Decree No. 676/967 establishing rules on seafarers’ articles of agreement and repatriation, section 4 of which meets the requirements that the shipowner shall bear the return expenses of crew members, including everything related to the transportation, accommodation and maintenance of seafarers. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6 of the Convention. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. In its previous comments, the Committee requested the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention. Observing that the Government has not provided information on this point, the Committee reiterates its request.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2, paragraphs (1)–(3) and Article 3 of the Convention. Statistics of occupational accidents. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to these requirements of the Convention. The Committee notes the Government’s reference to the State Insurance Bank statistics on accidents involving fishers on board ship. While taking note of this information and recalling that the Convention applies to any ship, other than a ship of war, registered in its territory, the Committee requests the Government to adopt the necessary measures to ensure that: (i) statistics are kept on all occupational accidents occurring to seafarers working on board ships covered by the Convention (Article 2); and (ii) that research is undertaken into the general trends and hazards brought out by the statistics (Article 3).

Article 5. Obligation of seafarers to comply with accident prevention provisions. Observing that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains no binding recommendations to improve safety and health on board ships, the Committee requested the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention. The Committee notes the Government’s indication that Decree No. 406/988 of 3 June 1988 is the general provision on prevention for all activities for which there is no specific provision, as is the case with maritime labour. Recalling the need for legislation concerning the prevention of accidents to take into account the conditions specific to the maritime sector, the Committee requests the Government to take measures to give effect to Article 5 of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In earlier comments, the Committee requested the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice. Observing that the Government provides no new information, the Committee requests the Government to take the necessary measures to establish, in accordance with Article 8, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners’ and seafarers’ organizations are represented.

Articles 2, 5 and 6 of the Convention. Measures implementing the Convention. With regard to its earlier comments, the Committee notes the various regulatory texts and other recently adopted measures provided by the Government, which contribute to implementation of the Convention. The Committee notes in particular Decree No. 394/018 of 26 November 2018 regulating activities considered as dock work undertaken by State bodies and port service providers, as well as the agreement signed on 20 October 2020 by a body of tripartite nature, the Wage Council of Group 13 “Transport and Storage”, subgroup 10, “Supplementary and auxiliary maritime activities, shipping agencies and port operators and terminals, maritime warehouses,” “port operators and terminals” Chapter, which establishes a revaluation of wages by category of dockworker (Article 5). The Committee also notes the National Port Administration Port safety and hazardous cargo manual, approved under resolution No. 725/4.063 of 25 November 2020, which sets out guidelines regarding the manipulation, handling, storing and transport of hazardous goods in port installations (Article 6). The Committee requests the Government to provide information on any national policy ensuring permanent or regular employment for dockworkers, or guaranteeing them a minimum period of employment or a minimum income, in conformity with the requirements of Article 2 of the Convention.

Point V of the report form. The Committee requests the Government to provide general indications on the manner in which the Convention is applied, in particular attaching all information available on the numbers of dockworkers and variations in these numbers.

The Committee notes the Government’s first report and the laws and regulations applying the provisions of the Convention, and particularly Act No. 19313 governing night work and its Regulations, issued by Decree No. 234/015, both adopted in 2015.

Article 6(1) and (2) of the Convention. Certification of workers as unfit for night work. The Committee notes that section 6 of the Regulations of Act No. 19313 provides that workers engaged in night work who, for reasons of health, can no longer undertake night work, shall be transferred, whenever practicable, to a similar job during daytime hours. The Committee notes that neither Act No. 19313 nor its Regulations specify the benefits that shall be granted to such workers if it is not possible to transfer them to such a job. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that night workers who, for reasons of health, are certified as unfit for night work, are granted the same benefits as other workers who are unable to work or to secure employment, if it is not practicable to transfer them to a similar job for which they are fit, in accordance with the requirements of this Article of the Convention.

Article 7(3)(a) and (c). Maternity. Protection against dismissal and the loss of benefits regarding status, seniority and access to promotion. The Committee notes that neither Act No. 19313 nor its Regulations contain provisions establishing the protection measures envisaged in Article 7(3)(a) and (c) of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that, during the periods referred to in Article 7(1) of the Convention: (i) a woman worker engaged in night work shall not be dismissed or given notice of dismissal for reasons connected with pregnancy or childbirth (Article 7(3)(a) of the Convention); and (ii) the woman worker shall not lose the benefits regarding status, seniority and access to promotion which may attach to her regular night work position (Article 7(3)(c) of the Convention).

Article 9. Social services. Noting the absence of information on this subject, the Committee requests the Government to indicate the measures adopted for the provision of appropriate social services for night workers and, where necessary, for workers performing night work, with an indication of the nature of such services.

The Committee takes note of the Government’s report received in 2019 as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Prison labour. 1. Legislative developments. The Committee previously noted that according to Legislative Decree No. 14.470 regulating conditions of imprisonment, convicted prisoners have an obligation to work and that in certain special circumstances the prison authority may conclude an agreement with public or private organizations concerning the use of prison labour and of prison workshops (sections 41 and 44). It noted that such agreements had been concluded since the Government indicated that a number of prisoners were working for private enterprises. In that regard, the Committee also noted the Government’s statement that, despite the above-mentioned provisions, work in prison is voluntary, and that according to the provisions of paragraph 65 of Decree No. 225/006 of 13 July 2006, before starting any work, convicted prisoners must give their consent in writing.

The Committee notes the adoption of Act No. 19.889 on urgent consideration (Ley de Urgente Consideración (LUC)) of 9 July 2020 which amends section 41 of Decree No. 14.470 and provides that: (i) convicted prisoners have an obligation to work, and (ii) the failure of convicted prisoners to comply with such an obligation will not be penalized by the removal of rights but will entail the reduction of their benefits as determined by regulations. The Committee notes that not only does the newly amended section 41 of Decree No. 14.470 provide for an obligation to work of convicted prisoners, but it also provides that convicted prisoners who refuse to work can be punished by reducing their benefits, thereby amounting to a “menace of a penalty” under the terms of the Convention. In that regard, the Committee recalls that work by prisoners for private enterprises can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, by giving their free, formal and informed consent and without being subjected to pressure or the menace of any penalty, including the loss of a right or a privilege (advantage), and that this work is performed under conditions which approximate a free labour relationship (see 2012 General Survey on the fundamental Conventions, paragraphs 279 and 291).

In light of the above considerations, the Committee trusts that the Government will take the necessary measures to ensure that, both in legislation and in practice, prisoners carrying out work for private entities, as provided under section 44 of Legislative Decree No 14.470, do so only with their free, formal and informed consent, and that the conditions of such work approximate those of a free labour relationship. It requests the Government to provide information on any progress made in that regard. In the meantime, the Committee requests the Government to provide information on the interplay of new section 41 of Legislative Decree No. 14.470 with other regulations on prison labour, in particular paragraph 65 of Decree No. 225/006.

2. Prison labour in the framework of public–private partnerships. The Committee previously noted that, following a call for tenders in December 2012, a prison was under construction in the context of a public–private partnership for the first time in Uruguay. It requested the Government to indicate whether the issue of labour by prisoners was covered in the public–private partnership contract, and to indicate whether the private entity selected to finance and construct the prison was required to fulfil certain obligations in relation to the provision and management of prison labour.

The Committee notes the Government’s statement, in its report, that neither the call for tenders nor the public–private partnership contract contain any provision or obligation concerning the issue of work by prisoners. Noting that the above-mentioned prison, Unit No. 1 of Punta de Rieles, was inaugurated in January 2018, the Committee notes the Government’s statement that prisoners work in internal services and maintenance activities within the establishment. The Government refers to several documents containing information on the consent, remuneration and conditions of work by prisoners which were not attached to its report, namely: (i) model contracts signed with a private entity regulating the work of prisoners within Unit No. 1; (ii) labour regulations for prisoners who work for the private entity; and (iii) a code of conduct for prisoners who work for the private entity. The Government adds that the authority responsible for monitoring the compliance with the public–private partnership contract requests monthly information on the obligations regarding work which are applicable to all persons working within the prison, regardless of whether they are prisoners or not. The Committee refers to its above comments underlining the need to ensure that prisoners carrying out work for private entities give their free, formal and informed consent to work, and requests the Government to provide detailed information on the manner in which prisoners express interest and give consent to work within the framework of the public–private partnership. The Committee requests the Government to provide information on the remuneration and conditions of work of these workers, and to communicate any relevant document available in this regard, including the model contracts, the labour regulations and the code of conduct referred to above. The Committee also requests the Government to provide information on the content of the monthly information on the obligations regarding work within the prison collected by the authority responsible for monitoring the compliance with the public–private partnership contract.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the Government’s report received in 2019 as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its previous comments, the Committee observes that the Government has continued to strengthen its legislative and institutional framework for combating trafficking in persons. It notes in particular with interest the adoption of Act No. 19.643 of 20 July 2018 on preventing and combating trafficking in and exploitation of persons, and the National Plan of Action to prevent and combat trafficking in persons for 2018–2020 agreed on by the Inter-institutional round table set up for the same purpose (Decree No. 304/015 of 6 November 2015).

As regards Act No. 19.643, the Committee notes that it contains specific and comprehensive provisions on the protection and assistance to be provided for victims of trafficking as well as the integral compensation, restitution and rehabilitation of their rights. It establishes the National Council to prevent and combat trafficking in and exploitation of persons (CNTE), as the main body responsible for the elaboration, adoption, implementation and assessment of public policies and the National Plan on trafficking in persons, as well as for the coordination of the actions undertaken by the different stakeholders. In its supplementary information, the Government indicates that the CNTE held three meetings in 2019 which led to the setting up of two working groups, namely: (i) on prevention and prosecution of trafficking in persons; and (ii) on prevention of trafficking in persons, including through awareness-raising and capacity-building. The Committee notes the Government’s statement that the CNTE is currently working on an inter-institutional protocol for action and referral of possible victims, which should be finalized by the end of 2020. It further notes that Act No. 19.643 also refers to the development of an inter-institutional response system regarding actions for the prevention, assistance and compensation for victims of trafficking, registration of information, capacity building and assessment. Recalling that section 78 of Act No. 18.250 of 17 January 2008 on migration criminalizes trafficking in persons and provides for prison sentences from four to 16 years, the Committee further notes that Act No. 19.643 has amended section 280 of the Penal Code with a view to criminalizing not only slavery, but also servitude and forced labour. It has also introduced a new section 280 bis criminalizing sexual slavery and a section 280 quater criminalizing forced prostitution. Moreover, section 44 provides that the Public Prosecutor will collect information on reports of internal and international trafficking and report annually to the Parliament.

Regarding the National Plan of Action to prevent and combat trafficking in persons for 2018–20, the Committee notes that it sets specific strategic lines for action on prevention, public awareness-raising and capacity-building, in particular of public officials; detection of situations of trafficking in persons and effective access to justice; comprehensive assistance to victims; as well as inter-institutional coordination and international and regional cooperation. The National Plan of Action also provides for the publication of annual reports in order to assess the progress made and the difficulties faced in the implementation of the plan.

The Committee notes the Government’s indication, in its report, that several awareness-raising and capacity-building activities were carried out in 2018 and 2019, in particular for judicial authorities with respect to the new provisions of Act No. 19.643. Regarding victim protection, the Government indicates that multidisciplinary technical teams provide social and psychological assistance to victims of trafficking and that free legal assistance is also provided by the National Public Defence Office. The Committee notes that, according to the website of the National Institute for Women of the Ministry of Social Development (INMUJERES), which manages the centre that provides assistance to women victims of trafficking for sexual exploitation, a total of 157 women benefited from its services in 2017–2018. In that respect, the National Plan of Action provides for the revision of the protocol for the assistance of women victims of trafficking for sexual exploitation, as well as the elaboration of several new action protocols intended to detect and investigate cases of trafficking. The Committee further notes that, in its supplementary information, the Government states that, in 2018–19, 54 complaints for trafficking in persons were registered, out of which 38 are still under investigation and three resulted in penalties, and 29 victims of trafficking in persons were identified.

The Committee welcomes the efforts made by the Government to reinforce the legal and institutional framework to combat trafficking in persons. The Committee hopes that the Government will take the necessary measures to fully implement the strategic lines for action included in the National Plan of Action to prevent and combat trafficking in persons for 2018–2020, including by strengthening the capacity of labour inspectors and other law enforcement officials to identify situations of trafficking in persons, both for sexual and labour exploitation. It requests the Government to provide information on the nature and impact of the measures adopted in this regard, and in particular on the assessments of the implementation of the National Plan of Action undertaken by the CNTE. The Committee further requests the Government to provide information on the specific measures taken for the protection and compensation of victims, both women and men, as provided for in Act No. 19.643. Lastly, the Committee requests the Government to provide detailed information on the investigations carried out, the prosecutions initiated and penalties imposed under section 78 of Act No. 18.250 and sections 280, 280 bis and 280 quater of the Penal Code, as well as on any difficulties faced by the authorities involved in the prosecution of these offences.

Parts I–IV of the Convention. Statistics relating to wages and hours of work. The Committee notes the Government’s indication that no changes have taken place since its previous report affecting the application of these Parts of the Convention. The Committee takes note of the information provided by the Government in its report concerning statistics on wages and hours of work. It notes that these are compiled through three main surveys conducted by the National Institute of Statistics (INE): the Average Wages Index (IMS) (a monthly establishment survey), the Annual Survey of Economic Activity (an annual establishment survey), and the Continuous Household Survey (which allows for the production of monthly statistics). In its previous comments, the Committee noted that the Government planned to make a change to the basis for the IMS average wage index in 2018. While the Committee notes that this change has not yet taken place, it understands that the Government is looking into the possibility of incorporating administrative records for the calculation of the IMS. It further notes that statistics on working time and earnings of employees in mining and manufacturing are regularly submitted to the ILO Department of Statistics, while statistics and hours of work in agriculture are compiled primarily through the continuous household survey and the results are disseminated through the INE website. The Committee welcomes the information provided by the Government in its report and requests the Government to continue to provide the statistics required on the matters covered by Parts II–IV of the Convention. In addition, it requests the Government to continue to provide information on any developments regarding the application of the Convention.

The Committee notes that the compilation and dissemination of labour statistics in Uruguay through the continuous household survey in place is substantially in accordance with the requirements of the Labour Statistics Convention, 1985 (No. 160). In this context, the Committee recalls the recommendations of the Fourth Meeting of the Standards Review Mechanism Tripartite Working Group in September 2018, confirming the status of Convention No. 63 as an outdated instrument. It therefore encourages the Government to consider ratification of the Labour Statistics Convention, 1985 (No. 160), as the most up-to-date instrument on labour statistics, resulting in the automatic denunciation of Convention No. 63. The Committee notes that the possible ratification by Uruguay of Convention No. 63 would be particularly opportune in light of the Governing Body’s decision at its 334th Session (October–November 2018) to place an item on the agenda of the International Labour Conference in 2024 for consideration of the abrogation of Convention No. 63, on the recommendation of the Standards Review Mechanism Tripartite Working Group. The Committee once again reminds the Government of the availability of ILO technical assistance in this regard.

The Committee notes the supplementary information provided by the Government in the light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the observations submitted by the social partners this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019. It also notes the joint observations of the National Chamber of Commerce and Services of Uruguay (CNCS), the Chamber of Industries of Uruguay (CIU) and the International Organisation of Employers (IOE), received on 1 September and 22 November 2019, and also on 30 September 2020 which, like the observations of the ITUC, concern matters addressed by the Committee in this comment. The Committee also notes the Government’s replies to the observations of the employers’ organizations from 2019 and 2020.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussions that took place in the Committee on the Application of Standards of the Conference (hereinafter: the Conference Committee), in June 2019, on Uruguay’s application of the Convention. The Committee notes that the Conference Committee urged the Government to: (i) initiate legislative measures by 1 November 2019, after full consultation with the most representative employers’ and workers’ organizations and taking into consideration the recommendation of the ILO supervisory bodies, in order to guarantee the full compliance of national law and practice with the Convention; and (ii) prepare, in consultation with the most representative employers’ and workers’ organizations, a report to be submitted to the Committee of Experts before 1 September 2019, providing detailed information on actions undertaken to make progress in the full application of the Convention in law and practice.

Article 4 of the Convention. Promotion of free and voluntary bargaining. For several years, the Committee, together with the Committee on Freedom of Association (Case No. 2699), has been requesting the Government to revise Act No. 18566 of 2009 (establishing the fundamental rights and principles of the collective bargaining system, hereinafter: Act No. 18566) with a view to ensuring the full compliance of the Act with the principles of collective bargaining and the Conventions ratified by Uruguay in this area. In its previous comments, the Committee noted that, in 2015, 2016 and 2017, the Government submitted to the social partners several proposals for legislative amendments, which the Government indicated had not achieved the necessary agreement between the parties.

In its last comment, the Committee noted from the Government’s report that: (i) on 29 October 2019, following various tripartite meetings, the Government submitted to Parliament a bill amending some aspects of Act No. 18566 of 11 September 2009; and (ii) the bill combined the proposals the Government made from 2015 up to the present time.

The Committee noted that, in their 2019 observations, the CNCS, CIU and IOE indicated that the proposed amendments contained in the bill were insufficient and that some of them should have been drafted differently. They also indicated that in the tripartite meetings the Government indicated that it would prepare a bill, so long as consensus was reached. The Committee also noted that, according to the Government, at the tripartite meetings that took place, the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) indicated that while it was willing to engage in dialogue, it thought that Act No. 18566 did not warrant amendment. For its part, the ITUC indicated that more than 90 per cent of workers were protected by collective agreements and that care was required when taking measures that could destabilize this effective mechanism.

The Committee noted that the proposed amendments contained in the bill had already been submitted in the Government’s previous report. While recalling that it considered that those amendments were in compliance with the requirement of Article 4 of the Convention to promote free and voluntary collective bargaining, the Committee regretted to observe that, despite its repeated comments, the bill did not propose amendments or clarifications regarding the competence of the Wage Boards in relation to adjustments made to wages that are above the minimum for the occupational category and working conditions (section 12 of Act No. 18566). The Committee noted that the CNCS, CIU and IOE expressed concern in that regard.

The Committee took the opportunity to recall once more that although the establishment of minimum wages may be subject to decisions by tripartite bodies, Article 4 of the Convention seeks to promote bipartite negotiation for the setting of working conditions, whereby all collective agreements establishing working conditions shall result from an agreement between employers or employers’ organizations and workers’ organizations. The Committee also emphasized that mechanisms can be established that would guarantee both the free and voluntary nature of collective bargaining and the effective promotion thereof, while ensuring that the country’s existing collective agreements continue to offer a high level of coverage.

The Committee notes that, in their observations from 2020, after recalling their criticism of the bill, the CIU, IOE and CNCS point out that in March 2020 a new Government took office and that, having reached the close of the legislative session, the bill was shelved, thus losing its parliamentary status without any of its provisions being adopted or even addressed. The employers’ organizations express concern at the Government’s persistent failure to comply with the recommendations that this Committee has now been making for many years, and they highlight the need for the Government to present a new bill, which may or may not build on antecedents.

The Committee notes from the Government’s supplementary report that, 13 days after it took office, a health emergency was declared due to the COVID-19 pandemic, resulting in restrictions on activities and meetings and rendering it impossible to make progress with regard to the issues raised in this comment. The Committee notes that the Government, in reply to the observations of the employers’ organizations, reaffirming its commitment to respect international standards, indicates that in November 2019, it set forth the outline of a government plan in a document entitled “Commitment for the Country”, in which includes it undertook to integrate the ILO’s observations into collective bargaining law by amending the current regulations. The Committee also notes, according to the Government, that: (i) it intends to initiate a new phase of dialogue, without ruling out the possibility of recourse to ILO technical assistance; (ii) during this new phase of dialogue, the Government would present a new bill, taking the draft already submitted and now shelved as input, together with the comments made in its regard by the social partners; and (iii) it was in the process of drafting a bill on the legal personality of trade union organizations, which it will shortly share with the social partners, and which will cover some areas of the observations.

While duly recognizing the particular difficulties caused by the pandemic that the Government has had to confront since taking office, the Committee regrets that to date no progress has been achieved in terms of integrating its recommendations into the legislation. However, taking due note of the commitment made by the Government to adjust the legislation in light of the Committee’s comments, the Committee strongly hopes that, after consulting the social partners, the Government will place before Parliament, as soon as possible, a bill that, conforming to the outline proposed in its latest comments, fully guarantees both the free and voluntary nature of collective bargaining and the continued effective promotion thereof, in accordance with the Convention. The Committee requests the Government to report on all progress in that regard and recalls that it can continue to count on the technical assistance of the Office. It also requests it to provide information on the bill on the legal personality of trade union organizations.

The Committee notes the additional information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Conventions on the basis of the supplementary information received from the Government this year (see Part IV, Article 21, of Convention No. 102), as well as on the basis of the information available to it in 2019.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions No. 102 (minimum standards), No. 118 (equality of treatment), and No. 121 (employment injury benefits) together.

Part II (Medical care). Article 9, in conjunction with Article 10(1) of Convention No. 102. Coverage of the spouses of insured persons. The Committee notes the information provided by the Government in reply to its previous request regarding the extent to which the spouses of insured persons are covered, particularly with respect to medical care for maternity.

Article 10(2) of Convention No. 102. Cost-sharing. The Committee notes the information provided by the Government in reply to its previous request regarding cost sharing by beneficiaries for medical care, including in the case of maternity. In relation to medical care in the case of maternity, the Committee requests the Government to confirm that, in accordance with Article 10(2) of the Convention, cost-sharing is not required for the pre-natal, confinement and post-natal medical care provided under Article 10(1)(b) of the Convention.

Part IV (Unemployment benefit). Article 21 of Convention No. 102. Scope of coverage. The Committee notes the statistical information provided by the Government in reply to its previous request concerning the total number of employees protected under each unemployment benefit scheme.

Part VII (Family benefit). Article 40, in conjunction with Article 1(1)(e), of Convention No. 102. The Committee notes the information provided by the Government in reply to its previous request regarding the conditions of entitlement to family benefit.

Part XIII (Common provisions) of Convention No. 102. The Committee notes with regret that the Government has not provided the information requested in relation to the application of Articles 69, 70, 71 and 72 of the Convention. The Committee once again requests the Government to provide this information.

Article 5, in conjunction with Article 8 of Convention No. 118. Benefits for the victims of employment injury and their dependants. In its previous comment, the Committee noted the national legislation which, in section 33(1) of Act No. 16074 on industrial accidents and occupational diseases insurance, adopted in 1989, provided that when beneficiaries were residents in another country without nominating an agent, the payment of benefits shall be suspended. Moreover, the dependants of workers who had died as a result of an employment accident or an occupational disease, who were living abroad at the time of the accident or the disease, were entitled to receive the benefit only as from the date on which they settled in Uruguay, and only for the period during which they reside there (section 33(3) of the Act). The Committee requested the Government to provide information on the adoption of the necessary measures to bring the national legislation into conformity with the Convention, which provides that each Member that has ratified it shall guarantee to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad, provision of employment injury benefits, subject to measures for this purpose being taken, where necessary, in accordance with Article 8 of the Convention. The Committee notes that, in its reply, the Government indicates the bilateral or multilateral agreements concluded to this effect and also indicates that the Uruguayan Social Security Bank (BPS) pays its benefits in any country in which the retired beneficiary or beneficiary of a pension is located, whether or not there is a social security agreement. While, noting with interest the Government’s indications regarding the application in practice of Articles 5 and 8 of the Convention, the Committee requests the Government to specify whether in practice the BPS also pays benefits for permanent invalidity or death as a result of employment injury to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad. The Committee also once again requests the Government to take the necessary measures to bring the national legislation into conformity with Articles 5 and 8 of the Convention with regard to the payment abroad of employment injury benefits and to provide information on any measures adopted or envisaged in this respect.

Article 10 of Convention No. 121. Domiciliary visiting. In its previous comments, the Committee noted that section 11 of Act No. 16074 of 1989 on industrial accidents and occupational diseases insurance, does not envisage the provision of medical care at the home of the worker, if necessary, in accordance with Article 10(a) of the Convention, and reiterated the hope that the Government would take the necessary measures to give full effect to this provision of the Convention. The Committee notes with interest the Government’s reply indicating that, in recent years, a home-based care system has been implemented to provide treatment and nursing care and meet the other needs that affect the patient’s health, with a view to conserving psycho-social conditions. Home-based nursing care is provided in accordance with protocols established for each situation with monitoring and evaluation of compliance with the guidelines and, where appropriate, educational and promotional activities are conducted regarding the procedures carried out during the in-patient hospital treatment. The Committee requests the Government to indicate the relevant legal provisions and regulations, with an indication of whether they include a direct reference to cases of employment injury.

Article 19 and the application in practice of Convention No. 121. Employers not insured for employment injury. Rate of the benefit. In its previous comments, the Committee noted that section 8 of Act No. 16074 of 1989, on industrial accidents and occupational diseases insurance, provides that compensation paid by the State Insurance Fund to victims of employment injury employed by uninsured employers is calculated on the basis of the national minimum wage and it requested the Government to calculate the replacement rate obtained in the case of workers having the same earnings and dependants as the standard beneficiary envisaged by Articles 19 or 20 of the Convention. The Committee notes the information provided by the Government on the replacement rates for all workers and observes that that these rates would apply to workers who have not been insured by their employers on the basis of the national minimum wage, rather than the worker’s actual wages, as is the case for insured workers. The Committee further observes that the national minimum wage may, in some cases, be lower than the real wage paid to the workers concerned, which can lead to a lower rate of compensation for these workers. While noting that the legislation guarantees the payment of compensation irrespective of whether employers have complied with their obligation to insure their workers, the Committee requests the Government to take measures to improve compliance by employers with their obligation to take out employment injury insurance, thereby encouraging the registration of their workers with the State Insurance Fund, to ensure that they are able to receive benefits at the rate envisaged for insured workers.

The Committee notes the joint observations of the Chamber of Industries of Uruguay (CIU), the National Chamber of Commerce and Services of Uruguay (CNCS) and the International Organisation of Employers (IOE), received on 30 September 2020, on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and Convention No. 131, as well as the Government’s reply to these observations. The Committee notes that these communications address issues related to collective bargaining which are examined in its comments on the application of Convention No. 98.

The Committee also takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020), which does not provide new information on pending issues. The Committee therefore reiterates the content of its comments adopted in 2019 and reproduced below.

The Committee notes the joint observations of the Chamber of Industries of Uruguay (CIU), the National Chamber of Commerce and Services of Uruguay (CNCS) and the International Organisation of Employers (IOE) on the application of the Convention, received in 2018.

Article 4 of the Convention. Machinery for fixing and adjusting minimum wages. Further to its previous comments, the Committee notes the Government’s indication that: (i) the national minimum wage is fixed by the Government after consultation with the Higher Tripartite Council; (ii) in addition, minimum wages by occupational category and sector of activity are negotiated on a tripartite basis in wage boards; and (iii) most wage board decisions are adopted unanimously and only a few are adopted by majority. The Committee also notes that, in their new joint observations, the CIU, CNCS and IOE indicate that: (i) although Act No. 18566 on collective bargaining gives priority to bilateral negotiation by providing that wage boards may not be convened when a collective agreement is in force in the same branch, the application of the Act has had the opposite effect, since tripartite bargaining has reduced the scope of bilateral collective bargaining to a minimum; (ii) although it is formally correct to observe that the percentage of agreements adopted in wage boards involving the three partners is high, this does not mean that such agreements are truly voluntary, since in many cases an agreement is the option to avoid a vote or a wage adjustment by decree on the basis of the powers held by the Government pursuant to section 1 of Legislative Decree No. 14791; and (iii) rural employers withdrew from negotiations in the wage boards because they considered that the Government did not offer the necessary guarantees for the continuation of negotiations. The Committee requests the Government to provide its comments in respect of the 2018 observations of the CIU, CNCS and IOE.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.

In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that in 2019 there were 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division and that in 2020, there were 102 labour inspectors (44 in the CGT Division and 58 in the CAT Division). The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo. The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2020 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

The Committee notes the Government’s report received in 2019 and the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT), sent with that report, as well as the additional information provided by the Government in the light of the decision taken by the Government Body at its 338th Session (June 2020).

Articles 6 and 10 of the Convention. Maximum total driving time. Means of supervision. The Committee notes that PIT-CNT alleges that, in practice, the limits provided under Article 6 (a maximum total driving time of nine hours a day and 48 hours a week) are largely exceeded, and that it is common for a worker to be available between 12 and 16 hours a day with cases of up to 64 hours of continuous work. The PIT-CNT considers that mechanisms to control working-hours should be put in place, and in that regard refers to the Integrated System for Cargo Transport Control (SICTRAC). The Committee also notes that the Government refers, in the information it provided in 2020, to recommendations by the Group 13 Wages Council (subgroup 7 (National Cargo Transport by Road) and subgroup 8 (International Cargo Transport)), adopted in March 2020, in response to the health crisis caused by the COVID-19 pandemic. Those recommendations provide the following: (i) to allow the enterprise, solely when the worker is in full agreement, to grant leave as a measure prior to recourse to unemployment insurance; (ii) to draw up a list of volunteers who, as a result of their health or family situation, etc. wish to make use of unemployment insurance; (iii) put in place a rotating system of unemployment insurance, within the possibilities of each enterprise and the types of work carried out by each worker; (iv) make use of special, partial unemployment insurance, sharing out the work among all workers, so as to maintain, to the extent possible, an active link to work. The Committee understands that the situation alleged by the PIT-CNT may have changed drastically as a consequence of the health crisis. The Committee is aware of the difficult situation caused by the COVID-19 pandemic in the road transport sector. The Committee requests the Government to provide information on the development of the situation, including on the implementation of SICTRAC or any other measure that may have been adopted in that regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) in which it provides information on the measures adopted to deal with the emergency health situation in the context of the COVID-19 pandemic.

COVID-19 measures. The Committee appreciates the Government's efforts to provide information on the OSH measures taken by the Government in the context of the COVID-19 pandemic, in particular the adoption of several decrees and resolutions relating to OSH. The Committee notes in particular Resolutions No. 52/020 (13 March 2020) and No. 54/020 (19 March 2020) of the Ministry of Labour and Social Security, agreed upon in a tripartite setting within the scope of the National Council for Occupational Safety and Health (CONASSAT), which set out provisions and recommendations for risk-prevention measures relating to COVID-19 in the area of work, as well as minimum guidelines to be included in the protocols for prevention, monitoring and action. The Committee also notes the Resolution of the General Inspectorate of Labour and Social Security of 14 April 2020, which provides for the establishment of special teams of labour inspectors, led by division directors and coordinators, to organize and monitor compliance with OSH measures within the context of the health emergency.

With regard to the other pending issues, the Committee reproduces the content of its comments adopted in 2019 below.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the implementation of Convention No. 161, communicated with the Government’s report.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation of a national policy and adoption of legislation on occupational safety and health, in consultation with the representative organizations of employers and workers concerned. Further to its previous comments, the Committee notes that, within the framework of Act No. 19172 on the regulation and control of cannabis, and Decree No. 120/2014, regulating that Act, Decree No. 128/016 of 2 May 2016 has been adopted, establishing the procedure for the action in relation to the consumption of alcohol, cannabis and other drugs in the workplace. The Committee welcomes the Government’s indication in its report that draft Decree No. 128/016 was approved by CONASSAT in 2015.

The Committee notes that section 3 of Decree No. 128/016 provides that in joint health and safety bodies (created within the framework of Decree No. 291/007, which implements the provisions of the Convention), and in sectorial industrial relations bodies, systematic guidelines and procedures to detect situations in which alcohol and other drugs are being consumed shall be adopted, and actions shall be developed for consumption prevention and early detection, with a view to facilitating early intervention. The Committee also notes the Government’s indication in its report that in 2016 a sub-working group was established within CONASSAT to draw up a national OSH policy, and continued its activities in 2017. The Committee also notes the information provided by the Government on the adoption of a series of OSH decrees (Decrees Nos 119/017, 143/017 and 7/018) in consultation with the representative organizations of employers and workers concerned and on the preparation of a compendium of rules on OSH. The Committee requests the Government to continue providing information on the formulation of the national policy on OSH in consultation with the most representative organizations of employers and workers concerned. The Committee also requests the Government to continue providing information on all periodical reviews of the safety and health of workers and the working environment conducted within the framework of CONASSAT.

Occupational Health Services Convention, 1985 (No. 161)

Articles 3, 4 and 6 of the Convention. Progressive development of occupational health services in consultation with the most representative employers’ and workers’ organizations. Legislation. The Committee previously noted that the second paragraph of section 16 of Decree No. 127/014, which regulates the application of the Convention in all activities, provides that, within five years of the entry into force of the Decree, all of the branches of activity shall have occupational health and prevention services.

The Committee notes the PIT-CNT’s indication in its observations that the time limits established by Decree No. 127/014 have now passed, and compliance with the Decree has been very limited, as the great majority of companies have not established occupational health services. In this respect, the Committee notes that Decree No. 127/014 has been amended by Decree No. 126/019, of 6 May 2019, which was agreed in CONASSAT. The Committee notes, in particular, that section 1 of Decree No. 126/019 sets aside the time limit envisaged in section 16(2) of Decree No. 127/014 and, consequently, provides that: (i) occupational health and prevention services shall be established in companies and institutions with more than 300 workers, irrespective of their area of activity or nature; (ii) this requirement shall be gradually extended to include companies with between 50 and 300 workers, in accordance with the list of branches and activity sectors that CONASSAT will submit to the executive; and (iii) all companies and institutions with more than five workers, irrespective of the nature of their activity, shall set up occupational health and prevention services within a maximum of 18 months from the entry into force of Decree No. 126/019. The Committee also notes that section 3 of the Decree specifies that all of the companies and institutions covered by the requirement to have occupational health and prevention services shall have 180 days from the entry into force of the Decree on the expiry of the corresponding deadline to complete the establishment of such services.

The Committee notes the Government’s indication that, irrespective of the number of workers, occupational health services are currently compulsory in the chemicals, drug, pharmaceutical, fossil fuel and allied industries (pursuant to Decree No. 128/014, as amended by Decree No. 109/017 of 24 April 2017); in collective healthcare institutions, medical mutuals and cooperatives (under Decree No. 197/014, of 16 July 2014); in the dairy and non-alcoholic drinks, beer and malted barley industries, which form part of the group of activities relating to the processing and preservation of food, drinks and tobacco (pursuant to Decree No. 242/018, of 6 August 2018); in activities deemed to be dock work (under section 15 of Decree No. 394/018, of 26 November 2018) and, finally, in some activities in the refrigeration and metal products, machinery and equipment industries (pursuant to Decree No. 127/019 of 6 May 2019). The Committee requests the Government to continue providing information on the progress made in the establishment of occupational health services for all workers in all branches of economic activity and in all companies. In particular, the Committee requests the Government to provide information on the gradual extension to companies with between 50 and 300 workers of the requirement to have occupational health and prevention services, including the decrees adopted to extend the requirement, as well as on the inclusion of companies with between five and 50 workers.

Asbestos Convention, 1986 (No. 162)

Articles 3(1) and 5 of the Convention. Measures for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos. Inspection system and sanctions. The Committee previously noted that Decree No. 154/002 prohibits the manufacture, import and marketing of asbestos and requested the Government to provide information on the inspections conducted to control the prohibition of asbestos. In this respect, the Committee notes the Government’s indication that: (i) inspections and controls relating to asbestos are conducted by the Environmental Working Conditions Division (CAT) of the General Labour and Social Security Inspectorate of the Ministry of Labour and Social Security, the Hazard Management Unit of the State Insurance Bank and the Ministry of Public Health; (ii) training for the personnel of the General Labour Inspectorate enables them to identify specific cases of exposure to asbestos; (iii) if the CAT detects the presence of asbestos in inspected workplaces, it shall immediately order the corresponding preventive measures, the removal of the carcinogenic product and the monitoring of the workers’ health, and may even order closures in the event of non-compliance; and, (iv) either the General Labour Inspectorate or the Ministry of Public Health shall impose sanctions for failure to comply with the prohibition of the manufacture and marketing of products containing asbestos, while the National Directorate of the Environment, of the Ministry of Housing, Land Management and the Environment shall impose sanctions for failure to comply with the prohibition of marketing waste containing asbestos.

Article 17. Demolition of plants or structures containing asbestos and removal of asbestos. Preparation of a work plan in consultation with the workers or their representatives. Noting that no information has been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that: (i) the demolition of plants or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) employers or contractors shall draw up a work plan before commencing demolition work, in consultation with the workers or their representatives.

Article 19. Removal of waste containing asbestos. In reply to its previous comments, the Committee notes the Government’s references to section 21 of Act No. 17283 on environmental protection, as amended in 2019, which provides, firstly, that it is in the general interest to protect the environment against any effects that may derive from the production, handling and any waste management operations and their elements, whatever their type and throughout their life cycle and, secondly, that the Ministry of Housing, Land Management and the Environment shall issue and apply the necessary measures to regulate the management of waste, of whatever type, including the production, collection, transport, storage, marketing, recycling and other forms of recovery, treatment and final disposal. The Committee notes that the Government has provided information on the Hazardous Waste Removal Guide, which was drawn up with the aim of training municipal personnel in the management of such waste, including asbestos, and the indication that there is a list of registered operators authorized to handle, transport, destroy and dispose of waste, including hazardous waste. The Committee requests the Government to provide information on the measures taken to ensure that: (i) employers are required to remove waste containing asbestos in such a manner that it does not present a risk to the health of the workers concerned, including those handling asbestos waste, or the population living in the vicinity of the company; and (ii) the competent authority and the employers are required to adopt appropriate measures to prevent pollution of the general environment by asbestos dust released from workplaces.

Article 22(2). Establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards. Noting that information has not been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 136 (benzene), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mines) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT–CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Article 11(e). Annual publication of information. With reference to its previous comments, the Committee notes the Government’s indication that efforts were made to improve the quality of information and the production of reports analysing the accident rate at the national level and by sector or branches of activity, and that regular annual presentations were made to the National Occupational Safety and Health Board (CONASSAT) and to the sectoral tripartite committees. The Committee also notes the Government’s indication that the Occupational Accidents Monitoring System, which contains information on occupational accidents, was launched as a result of the coordinated work of the Ministry of Labour and Social Security (MTSS) and the State Insurance Bank (BSE). The Committee notes that both this monitoring system and the Occupational Diseases Monitoring System are databases available on the web page of the BSE which contain detailed quarterly and annual information on, respectively, occupational accidents and occupational diseases that have been recognized under Act No. 16074, on occupational accident and disease insurance.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations that present an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government refers to the various provisions of Decree No. 125/014 and Decree No. 394/018, which establish the procedures for, respectively, the halting of work in the construction industry and in dock work when there is imminent and serious risk to the physical safety of one or more workers. The Committee notes that the provisions referred to by the Government specify that the procedures for halting work shall be initiated by the safety and health delegate or the workers’ representative on the safety committee, and do not protect all workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Noting that the provisions referred to by the Government do not give effect to Articles 13 and 19(f) of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that workers who believe it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures adopted in this regard.

Article 17. Collaboration between enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 108(f) of Decree No. 394/018, which regulates the content of plans for the performance of dock work in a single confined or potentially confined space where operators from more than one enterprise are present. Noting that the provisions referred to by the Government do not give full effect to Article 17 of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that whenever two or more enterprises engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention, and that this requirement covers all workers in all branches of economic activity. It also requests the Government to provide information on the measures adopted in this regard.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5bis and 11bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 9 of the Convention. Health services in multidisciplinary work. The Committee notes that section 5 of Decree No. 127/014, as amended by section 2 of Decree No. 126/019, still specifies that occupational prevention and health services shall be multidisciplinary and that their new composition of personnel shall include at least one doctor specialized in occupational health and one other professional or specialist holding any of the following qualifications: prevention specialist, occupational health technician, prevention technician, occupational safety and health professional, or prevention technology engineer, and may also include a psychologist, nursing personnel or specialists in fields associated with occupational safety and health.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation contrary to qualified medical advice. The Committee notes that Decision No. 004/2018 of the National Regulatory Authority for Protection against Radiation (ARNR), of 20 August 2018, approved a new version of the UY 100 Standard issuing the basic regulations on radiation protection and safety. The Committee notes with interest that section 140 of the UY 100 Standard (Revision VIII) provides that when it is determined, by the ARNR or in the context of the health monitoring programme required by the Standard, that, for health reasons, a worker cannot continue in employment involving occupational exposure, employers shall make every reasonable effort to provide the worker with adequate substitute employment, in accordance with the legislation in force.

2. Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 7(1) (performance of work involving the use of benzene or of products containing benzene in an enclosed system) and 8(2) (the provision of adequate means of protection against the risk of inhaling benzene vapour) of the Convention.

Article 4(2) of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent. The Committee requests the Government to provide information on the measures adopted to ensure that benzene is not used as a diluent and products containing benzene are not used as a solvent or diluent.

3. Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that this Order does not provide for the performance of post-employment medical examinations, but the Government indicates that it is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

Article 6(2) of the Convention. Cooperation between employers undertaking activities simultaneously at one workplace. In this respect, the Committee requests the Government to refer to its comments on the application of Article 17 (collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and the access of the workers, their representatives and the inspection services to these records. Obligation to inform workers in an adequate and appropriate manner of the results of their medical examinations and provide advice concerning their health. In relation to its previous comments, the Committee notes the Government’s indication that it is working to revise Order No. 145/009 on the monitoring of the health of workers exposed to occupational risk factors, with a view to updating it and expressly including the obligation to inform workers of the results of their medical examinations and provide them with advice. The Committee requests the Government to provide information on any progress made in the revision of Order No. 145/009. Furthermore, having noted the continued absence of information on this matter, the Committee once again requests the Government to provide information on the requirement for employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records.

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers regarding measures that give effect to the provisions of the Convention. Noting the information provided by the Government, the Committee requests the Government to continue providing information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Construction Industry.

Article 12(1). Right of workers to remove themselves from dangerous situations that pose an imminent and serious danger to their safety or health. Duty to inform their supervisor immediately. The Committee notes the Government’s indication, in relation to its previous comments, that there are no provisions guaranteeing the rights and obligations provided for in this clause of the Convention. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation provides for the right of all workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health, and the duty so to inform their supervisor immediately. The Committee requests the Government to refer to its comments on the application of Articles 13 and 19(f) (protection for workers who remove themselves from work situations that present an imminent and serious danger) of Convention No. 155.

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 occupational accidents in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Mining Sector.

Article 4. National legislation to ensure the application of the Convention and other supplementary measures. The Committee notes the Government’s indication that the legislation has not been amended and, moreover, Decree No. 1230/43 issuing the Regulations on Mining Police and Security continues to be applied. The Committee also notes an absence of information on the status of the approval process of the draft Decree governing mining police and security (2016), provided by the Government with its previous report, which would update the Regulations on Mining Police and Security currently in force. The Committee once again requests the Government to provide information on the status of the draft Decree governing mining police and security as well as information on other measures applying the Convention that supplement the national legislation.

Article 5(2)(d). Compilation and publication of statistics. In relation to its previous comments, the Committee notes the Government’s indication that there are no records of accidents in mines and the BSE Occupational Accidents and Occupational Diseases Monitoring Systems do not contain information on the mining sector. The Committee requests the Government to adopt the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and detonating devices. The Committee notes the Government’s indication, in reply to its previous comments, that the Weaponry and Supplies Service of the National Defence Ministry is the competent body with regard to the manufacture, storage, transport and use of explosives and detonating devices and the applicable regulation is Decree No. 2605/943 on explosives and weapons. The Committee notes that section 19 of this Decree provides that, in order to obtain a manufacturing permit for explosives for the detonation and detonating of explosions and regular explosives or destructive devices, a factory must be under the technical management of an industrial chemist with a qualification issued or endorsed by the University of the Republic.

Article 6. Employer’s assessment and handling of risks. Noting the absence of specific information in this respect, the Committee once again requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i) and 8. Stoppage of work and evacuation. Specific emergency response plan. The Committee notes that section 11 of Chapter II of Title V of Decree No. 406/88 governing occupational safety and health, provides that in the event of any accidental exposure or emergency related to chemical, physical or biological agents which may have serious consequences for workers or the general public, a perfectly organized emergency plan shall be drawn up. The Committee also notes the Government’s indication that the project evaluation and inspection division of the Ministry of Industry, Energy and Mining requests, before the mining activity begins, the presentation of a safety protocol, which must indicate the measures to be taken in the event of an incident, and this protocol is monitored during the inspections conducted by the above-mentioned division. The Committee requests the Government to specify whether the above-mentioned emergency plan and/or safety protocol contain measures that guarantee the stoppage of work and the evacuation of workers to a safe location when there is serious danger to the safety and health of workers and ensure that there is an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 9(d). First aid, transportation and medical facilities. Further to its previous comments, the Committee notes that section 100 of Chapter XXIII, Title II of the Occupational Safety and Health Regulations provides that, in the event of an accident, workers must be supervised by an operator trained as a responder with a knowledge of first aid and that, nevertheless, the first measure to take in the event of an accident is to proceed without delay to a medical centre.

Article 10(a). Training programmes. The Committee notes that further to its previous comments, the Government refers to Decree No. 291/007 implementing the provisions of Convention No. 155 and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry; the Government indicates that these Decrees require all enterprises to establish a cooperative body comprising workers and employers in order to promote and collaborate on planning training, which shall be consensual, and promote and maintain cooperation on occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on how it ensures that workers are provided, at no cost to them, with adequate training and retraining programmes, including in the context of the training plans developed by the cooperative bodies comprising workers and employers established in enterprises pursuant to section 5 of Decree No. 291/007.

Article 10(b). Supervision and control. In its previous comments, the Committee noted that section 26 of the Regulations on Mining Police and Security provides that wherever the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine manager on the status of the investigation before the start of each replacement shift. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. In relation to its previous comments, the Committee notes the Government’s indication that when mining activity is outsourced or there is more than one company working in a mining venture, responsibility lies with the owner of the mine, in accordance with the provisions of the Mining Code. Noting that this Code does not contain provisions giving full effect to Article 12 of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures relating to safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5bis, 11 and 11bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. Noting that the Government refers to the provisions of section 14 of Decree No. 291/007, to which the Committee referred in its previous comment, the Committee again requests the Government to provide information on the measures taken to ensure that workers and their representatives are able to exercise the rights provided for in Article 13(1) and (2) of the Convention without discrimination or retaliation.

Article 14. Workers’ duties. In the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of Article 14(b), (c) and (d) of the Convention.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy. The Committee takes note of the information provided by the Government on the activities of the tripartite committee on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on the activities of the above-mentioned committee.

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the activities of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 6(2). Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. Noting the absence of information in this regard, the Committee again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. The Committee also requests the Government to indicate whether the competent authority has established general procedures for such cooperation. The Committee also requests the Government to refer to its comments on the application of Article 17 (on collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. Noting that the Government, once again, has not provided the requested information, the Committee again requests the Government to provide information on the manner in which it is ensured that workers are not required or permitted to manually handle or transport a load that, due to its weight or nature, could jeopardize their safety or health.

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as milking yard, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

Comments adopted by the CEACR: Uruguay

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