Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the adoption of Act No. 18.250 of 6 January 2008 concerning migration, which establishes the National Office for Migration and the Advisory Council on Migration responsible for coordinating migration policy. It notes that this Act provides for equal treatment for migrant workers and national workers and that implementing regulations are being prepared. The Committee therefore requests the Government to supply a copy of the implementing regulations, once they have been adopted. Furthermore, noting that the Government’s report does not contain any information with regard to its previous comment concerning the results of studies undertaken on migrant agricultural workers, the Committee again requests the Government to supply further information concerning the engagement and recruitment of migrant workers on plantations, including data on the number of such workers, their conditions of work, the types of plantation on which they are occupied and any legal provisions adopted in this respect. Finally, the Committee requests the Government to refer to the comments it made in 2007 in relation to the Migration for Employment Convention (Revised), 1949 (No. 97).

Part IV (Wages), Articles 24–35. The Committee notes the Government’s indication that the Wage Councils met for the first time in 2005 and that a Higher Tripartite Rural Council was established on that occasion to determine and fix the basic criteria for the operation of the Wage Council in the agricultural sector. It notes the adoption of Decree No. 326/08 of 7 July 2008, which restructures occupational categories for the purpose of determining wages and establishes the category of agricultural workers. The Committee also notes the Decrees adopted in January and February 2009 adjusting the minimum wage for workers on rice, sugar cane and citrus fruit plantations to between 213 and 296 pesos (approximately between US$10 and US$14) per month for all categories of workers, with a daily supplement of 62.62 pesos (approximately US$3) for food and lodging where these are not provided by the employer. The Committee requests the Government to continue to supply information concerning the adjustment of wages on plantations, especially with regard to the impact of the minimum wage on the purchasing power of workers in relation to a basket of basic products, and to indicate the number of workers on plantations covered by statutory minimum wage rates and those covered by minimum wage rates established by collective agreements. The Committee also requests the Government to refer to its 2007 comments on the Protection of Wages Convention, 1949 (No. 95).

Part V (Annual holidays with pay), Articles 36–42. The Committee notes the Government’s statement that Act No. 12.590, which authorizes as an exception that national holidays may be counted as annual leave in collective agreements, has not been amended. The Committee requests the Government to take the necessary steps without delay to bring its legislation into full conformity with the provisions of the Convention on this point. It also requests the Government to refer to its 2009 comments made under the Holidays with Pay Convention (Revised), 1970 (No. 132).

Part VII (Maternity protection), Articles 46–50. The Committee notes the adoption of Act 18.211 of 5 December 2007 concerning the national health system, which established the national health insurance system and the National Health Fund (FONASA). The Committee requests the Government to refer to its 2009 comments made under the Maternity Protection Convention (Revised), 1952 (No. 103).

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee notes the information supplied by the Government, in particular with regard to the adoption of Act No. 17.940 of 2 January 2006 concerning the protection of freedom of association. The Committee requests the Government to refer to its 2009 comments made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the information supplied by the Government concerning inspections carried out on sugar-cane plantations and rice plantations. It requests the Government to continue to supply such information and to refer to its comments made under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Part V of the report form. Practical application. The Committee requests the Government to continue to give a general description of the application of the Convention in practice, including: (i) recent studies on the social and economic conditions of workers on plantations; (ii) statistics on the number of establishments and workers covered by the Convention; (iii) copies of collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations existing on plantations and any other information enabling the Committee to evaluate the situation of workers on plantations in the light of the provisions of the Convention. Finally, the Committee requests the Government to provide additional information demonstrating the importance of the plantation sector for the national economy, for example, in terms of gross domestic product, exports and the size of the working population.