Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uruguay (Ratification: 1989)

Other comments on C111

Observation

Direct Request

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Women’s access to employment. In its previous comments the Committee asked the Government to supply information on Bill No. 648/2005, which prohibits discrimination with respect to job vacancies. The Committee notes that the Bill is before Parliament. The Committee requests the Government to continue to provide information on any developments in this respect and on the practical impact of Act No. 16045, which prohibits any discrimination that violates the principle of equal treatment and opportunity for both sexes.

Pregnancy testing. The Committee notes the Government’s indication that although no legislation has been adopted on this subject, the public enterprises which have adopted the pilot plan of the “Quality management with equity” programme of the National Institute for Women (INMUJERES) have each undertaken to appoint a committee to deal with complaints concerning gender inequality in employment and also to adopt procedures, due to be operational in 2011, to follow up and resolve such complaints. The Committee recalls that pregnancy testing as a requirement for obtaining or retaining a job constitutes a form of discrimination on the ground of sex under the Convention. The Committee therefore urges the Government to adopt specific measures to prohibit, prevent and penalize such testing in cooperation with the social partners and to send information on this subject, including the position of the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE) regarding this matter.

Domestic workers. In its previous comments the Committee referred to the adoption of Act No. 18065 of 27 November 2006 concerning domestic work implemented by Decree No. 224/2007, to its impact in practice, and to the lack of collective bargaining in this area within the wage councils. The Committee notes the Government’s indication that the registration of workers in domestic service increased by 33 per cent between 2004 and 2008, even though 57 per cent of domestic workers are still unregistered. The Committee further notes that “Wage council group 21 (domestic service)” was set up and a collective agreement was signed in November 2008 containing a clause reaffirming respect for the principle of equal opportunities and treatment in employment, in accordance with the Convention. The Government indicates that an international seminar on domestic service was also organized by the Ministry of Labour and Social Security and the CTIOTE, at which an information campaign relating to the regulatory framework in force in the sector was launched. The Committee requests the Government to continue to supply information on the steps taken to raise awareness of the legislation on domestic work and on the increase in the rate of registration of workers in the sector.

Persons with disabilities. The Committee notes that section 11 of new Act No. 18651 establishing a comprehensive protection system for persons with disabilities states that steps will be taken to promote the progressive establishment of equality in remuneration for persons with disabilities in relation to the area of employment of their parents, tutors or other legal representatives. The Committee requests the Government to provide information on the scope of this provision and on its application in practice.

Persons of African descent. In previous comments, the Committee noted the steps taken by the Government with a view to eliminating discrimination towards persons of African descent. The Committee notes the Government’s reference in its latest report to a set of measures adopted in the context of a programme to strengthen institutional mechanisms in favour of women of African descent, including the establishment of “ethnic and racial indicators with gender mainstreaming”, the incorporation of the ethnic and racial perspective in all departments, plans and programmes of the Ministry of State, the production of training materials, the launch of a public awareness-raising campaign on the subject and the drawing up of a plan of training to promote and formalize productive and cultural ventures set up by women of African descent in six departments of the country. Noting that, according to INMUJERES, the employment rates for women and men of African descent are 58.2 per cent and 79 per cent, respectively, the Committee requests the Government to send information on the impact of the measures taken to eliminate any form of discrimination against men and women of African descent.

National policy on gender equality. The Committee notes that, in the context of the National Equality Plan (Act No. 18104), the CTIOTE set up labour subcommittees, the work of which has resulted in recently adopted draft legislation on domestic work and sexual harassment. Focal points have been appointed in various ministries and public bodies for gender issues, and these coordinate and link policies, programmes and action. In addition, a “crosscutting gender methodology” has been established enabling the adoption of various training and planning actions in the ministries. Public officials on the negotiating boards of the wage councils have been trained in equality issues and the agenda of the next round of the wage councils is expected to include negotiations concerning the promotion of criteria for avoiding discrimination based on sexual, religious or political preferences. Furthermore, five public enterprises which participate in the “Equal management programme” have adopted inclusive criteria for selection and recruitment procedures. The Committee requests the Government to continue to supply information on the implementation and impact of the national policy on equality in employment and occupation.