Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre las plantaciones, 1958 (núm. 110) - Uruguay (Ratificación : 1973)

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Articles 5 to 19 of the Convention. Engagement and recruitment of migrant workers. The Committee notes the Government’s reference to the adoption of Decree No. 278/017 of 2 October 2017 regulating the Unified Registration System for workers. Section 31 of the Decree provides that no employer may conclude a labour contract with any foreign national who is in an irregular situation in the country. It also establishes the obligation for the employer to require from the worker the documentation issued by the National Migration Board or the Ministry of Foreign Affairs, in conformity with the provisions of the migration legislation. Labour inspectors are authorized to monitor and require the presentation of the permit. In its 2006 General Survey on Labour Inspection, paragraph 78, the Committee noted that, while in some countries labour inspectors are assigned a major role in inspecting for illegal employment, linked to a regular migration, the primary duty of labour inspectors is to protect workers and not to enforce immigration law. This additional duty should not be to the detriment of inspection on conditions of work. The Committee requests the Government to provide specific information on the engagement and recruitment of men and women migrant workers in plantations, both internal and external migrants, and to indicate the number of persons engaged in this type of work (disaggregated by age and sex), their conditions of work and the type of plantations in which they are employed. It further requests the Government to communicate information on the number of inspections resulting in the identification of irregular migrants, and on the manner in which the Government ensures that inspection verifying the legality of migration status does not interfere with inspectors’ primary duties or deter migrant workers from reporting abuses.

Articles 24 to 35. Wages. The Committee notes the Government’s indication that, following the adoption of Decree No. 278/017, the Employment Registration System for Rural Labour has been abolished and the Unified Registration System for workers has been established. The provisions of the general regime apply to other employment documents, such as workbooks, payslips and leave statements. The Government adds that Act No. 19.210 of 29 April 2014 (the Financial Inclusion Act) adjusts the percentage of wages a worker may receive in cash. The Government refers to sections 19–23 of Decree No. 278/017, which require employers to issue and deliver payslips to workers when paying any sum or remuneration. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of workers in plantations who receive the minimum wage. The Committee also requests the Government to send information on the manner in which it is ensured that workers are informed of the minimum rates of wages in force, as required by Article 25(1) of the Convention. Furthermore, the Committee requests the Government to transmit information on the number of labour inspections carried out in the plantation sector and the outcomes regarding the payment of minimum wages.

Articles 36 to 42. Annual holiday with pay. In its previous comments, the Committee requested the Government to provide information on the progress made regarding the possibility afforded by Act No. 12.590, governing the annual leave of workers engaged by individuals or private entities, to count national holidays, as an exception, as part of annual paid leave. The Committee notes the Government’s indication that the legislation has not been amended in this regard. The Committee refers to its 2016 comments on the application of the Holidays with Pay Convention (Revised), 1970 (No. 132), in which it recalled that it had been commenting for several years on the need to adopt legislative measures to ensure that public and customary holidays are not counted as part of the annual holiday with pay. The Committee requests the Government to provide information on the measures envisaged or adopted regarding plantation workers to guarantee that public and customary holidays are not counted as part of annual paid leave.