Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum Wage Fixing Convention, 1970 (No. 131) - Uruguay (Ratification: 1977)

Other comments on C131

Observation

Direct Request

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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 observations of the CIU, CNCS and IOE.