ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) received on 31 August 2022, and the Government’s response to those, received on 8 October 2022.
Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government relating to the tripartite consultations held on international labour standards between 2017 and 2022. The Government indicates that the reports on the ratified Conventions are discussed by the various organizations after they have been prepared by the tripartite group on international standards of the Ministry of Labour and Social Security. In addition, in the Tripartite Advisory Commission, consultation is undertaken with the organizations regarding the possible ratification of unratified Conventions, as well as the submission of various Conventions and Recommendations, and the organizations’ comments are included in the corresponding submission files. The Government indicates that, in this setting, ratification was agreed of the Night Work Convention, 1990 (No. 171) and the Violence and Harassment Convention, 2019 (No. 190), which were ratified on 4 June 2018 and 12 June 2020, respectively. Additionally, the Government indicates that discussions included the possible ratification of Protocol 029 – the Protocol of 2014 to the Forced Labour Convention, 1930, Protocol 155 – the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which are being examined in the Tripartite Advisory Commission. The Government also indicates that, before formulating its response, it sent the organizations, with a view to gathering their opinions, Report form VII(1): Abrogation of one international labour Convention and withdrawal of four Conventions, one Protocol, and 18 Recommendations, which was on the agenda of the 111th Session of the International Labour Conference. Lastly, the Government indicates that tripartite consultations are held on matters relating to occupational safety and health in the National Occupational Safety and Health Council (CONASSAT), which meets monthly. The Government indicates, for example, that resolutions adopted in the context of the pandemic regarding prevention, control and response measures for COVID-19, were agreed upon in CONASSAT.
The Committee notes, however, that in its observations, the PIT-CNT maintains that the Tripartite Advisory Commission has not met for two years. The PIT-CNT states that there are no forums for genuine discussion and that the Ministry of Labour and Social Security only sends information by email. In its response, the Government indicates that for over 15 years the tripartite consultations required by this Convention have been carried out in accordance with the procedure agreed upon in the Tripartite Advisory Commission and that, to date, none of the organizations have expressed concerns in this regard. The Government indicates that, in accordance with the above-mentioned procedure, it sends the draft reports on the application of ratified Conventions (article 22 of the ILO Constitution), as well as those on unratified Conventions (article 19 of the ILO Constitution) to both the workers’ and the employers’ organizations. The Government adds that these drafts are sent to allow both parties to discuss them and make their comments prior to the finalization of the reports or observations, if deemed appropriate. The same procedure is implemented with regard to the items on the Conference agenda and the comments on the draft texts to be discussed at the Conference. With respect to the tripartite consultations held on the submission, examination of unratified Conventions or proposals for the derogation of ratified Conventions, the Government indicates that such consultations are held in the Tripartite Advisory Commission, where the matters to be discussed are raised, and where it is decided whether the subsequent discussions will take place by email or will require further meetings. It adds that this increases the efficacy of the processes, as frequently the members of the Tripartite Advisory Commission participate in other commissions under the Ministry of Labour and Social Security. Lastly, the Government provides examples of social dialogue and tripartite consultation held in various forums during the reporting period, such as the Special Labour Commission on Work Organization Observations. The Committee requests the Government to continue to send detailed and updated information on the frequency, content and outcome of the tripartite consultations held on all the matters related to the international labour standards covered by the Convention. The Committee also requests the Government to provide information on how it takes into account the opinions expressed by the workers on the working of effective prior consultative procedures required by the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the International Organisation of Employers (IOE), the Chamber of Industry of Uruguay (CIU) and the National Chamber of Commerce and Services of Uruguay (CNCS), received on 3 December 2015 and 31 August 2017, which contain the allegation that there is persistent non-observance of the provisions of the Convention. It also notes the Government’s reply to the observations of 2015, which was received on 5 July 2016.
Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the Ministry of Labour and Social Security has held consultations in relation to the questionnaires and requests of the ILO and the preparation of reports during the 2014–17 period. After they have been prepared, the reports are discussed by the various sectors in the Tripartite Group on International Standards at the Ministry of Labour. The Government also indicates that the HIV and AIDS Recommendation, 2010 (No. 200), the Social Protection Floors Recommendation, 2012 (No. 202), the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203) and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), were forwarded for submission to Parliament after being examined and discussed in the Tripartite Group on International Standards. The Night Work Convention, 1990 (No. 171), is also in the process of being referred to Parliament. The Government also refers to various actions carried out by the sectoral tripartite committees in relation to occupational safety and health. The Committee notes the observations of the IOE and the CNCS on the technical assistance provided by the Office in the context of Case No. 2699 of the Committee on Freedom of Association; the Committee will examine these observations in its comments on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee requests the Government to continue sending information on the consultations held on each of the matters related to international labour standards covered by Article 5(1)(a)–(e) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. The Committee takes note of the observations provided by the International Organisation of Employers (IOE), the National Chamber of Commerce and Services of Uruguay (CNCS) and the Chamber of Industries of Uruguay (CIU), in which reference is made to Convention No. 144, among other Conventions, and the Government’s response, received on November 2014, in relation to these observations. The Government reports on the work of the Tripartite Group on International Standards, which operates under the auspices of the Ministry of Labour and Social Security, and notes that the Ministry held the relevant consultations prior to the preparation of the reports throughout the period 2009–13. Once the reports had been drafted, they were submitted for consideration by the various sectors in the Tripartite Group on International Standards. Moreover, the Government indicates in the report received in August 2014 that after they had been examined and discussed in the Tripartite Group on International Standards, Conventions Nos 102, 135, 176 and 189 were submitted to Parliament for ratification. The Government also refers to the sectoral activities carried out by the tripartite sectoral safety and health committees. The Committee invites the Government to continue providing information on the consultations held on each of the matters related to international labour standards covered by the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2010. The Committee notes Decree No. 558/008 of 21 November 2008 establishing the Tripartite Advisory Commission, which will operate under the auspices of the Ministry of Labour and Social Security. The mandate of the Tripartite Advisory Commission reflects the provisions of Article 5(1) of the Convention. The operation of the Tripartite Advisory Commission is governed by the following rules: (1) the Tripartite Advisory Commission holds ordinary monthly meetings and extraordinary meetings when so required by the subjects or matters to be addressed; (2) meetings shall be convened five days in advance, with the exception of extraordinary meetings, which may be convened, upon request by the parties giving their reasons, 72 hours in advance; (3) the agenda shall be determined in advance and new items may only be included with the unanimous agreement of the parties; (4) items shall be addressed in a double discussion, unless it is unanimously decided otherwise: during the first discussion, the subject shall be presented and debated, and in the second discussion, following further debate, a decision shall be adopted; (5) if one sector is not present, the agenda will still be followed, with the Government delegates being under the obligation to forward a copy of the minutes with the items addressed to the absent sector: where such absence occurs in the meeting at which a decision has to be adopted, the decision shall not be prevented by such absence; (6) both the government sector and the social partners shall attend the meetings with their positions decided upon when the matter has previously been addressed in an earlier meeting; and (7) unless consensus or unanimity is achieved, decisions shall be adopted by a simple majority, with those voting against or abstaining having the opportunity to express their views. The Committee notes with interest that these rules consolidate the rules for the operation at the national level of a Tripartite Advisory Commission. Taking into account the observations of the International Organisation of Employers (IOE), the Chamber of Industries of Uruguay (CIU) and the National Chamber of Commerce and Services of Uruguay (CNCS), and the Government’s reply received in November 2010, the Committee hopes that the next report will include detailed information on the operation of the Tripartite Advisory Commission and indicate how account has been taken of the views expressed by the representative organizations consulted on each of the subjects enumerated in Article 5(1) of the Convention.

Article 5(1)(c).Re-examination of unratified Conventions. With regard to the proposals made for the ratification of new Conventions, the Committee notes that, following tripartite consultations, the National Parliament approved in October 2009 the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and Workers’ Representatives Convention, 1971 (No. 135). The Committee notes with interest that the ratification of Convention No. 102 was registered in October 2010.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Effective tripartite consultations. In its 2007 observation, the Committee noted the observations of the Inter-Union Assembly of Workers–National Convention of Workers (PIT–CNT) and trusted that the Government and the social partners would examine measures to ensure that initiatives are taken to give satisfaction to all the parties concerned in the consultations required by the Convention. In the report received in September 2008, the Government confirms that the examination of the possible ratification of Conventions Nos 102, 135, 158, 173, 187 and 188 was continued. Furthermore, with a view to examining the Maritime Labour Convention, 2006, a special commission had been established and specific information was awaited which was required from other authorities competent in maritime labour matters.

With regard to the operation of the Tripartite Working Group, a restructuring plan was submitted in the first meeting in 2008. Ordinary monthly meetings and extraordinary meetings were proposed where required by the themes or issues to be addressed. Meetings were to be convened five days in advance. The agenda was to be pre-established and new items could only be included with the unanimous support of the participants. The issues addressed would be covered by a double discussion. During the first discussion, an issue would be presented and discussed. At the next meeting, following a further discussion, a decision would be taken. The Government undertakes to transmit the report of the meeting to any of the sectors which did not attend. Failure to attend a meeting in which a decision was to be adopted would not prevent its adoption. Participants in meetings need to have a position determined when the issue has already been addressed in an earlier meeting. Decisions are adopted by majority, unless consensus or unanimity is achieved, with those who vote against or abstain being able to express their position, which should be recorded in the message sent to the legislative authority. The Committee notes with interest these measures for improving the application of the Convention and trusts that indications will be provided in the next report on the manner in which consultations have been held on international labour standards as required by the Convention. The Committee would also be grateful for information on the action taken as a result of proposals made for the ratification or implementation of Conventions and Recommendations examined by the Tripartite Working Group.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2006 and the observations of the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT), and the Government’s reply.

2. Reports on the application of ratified Conventions. The Committee notes that, according to the PIT–CNT, tripartite consultations do not operate efficiently due to the lack of initiative by the Government. In this respect, the PIT–CNT indicates that the reports for 2006 were communicated on 31 August, which made it impossible for the workers’ organization to study and analyse them. According to the PIT–CNT, if reports are brought to their knowledge less than 24 hours before they are transmitted to the ILO, the requirements of Article 5 of the Convention are not being respected in terms of consulting workers’ organizations on the reports that have to be provided by the Government. In 2005, the PIT–CNT transmitted its observations directly to the ILO by electronic mail. The Government reports that the Tripartite Working Group held 13 meetings in 2004, 11 meetings in 2005 and four meetings during the period under consideration in 2006. The Government acknowledges that certain reports provided in 2006 had to be communicated to the social partners on the same dates that they were to be sent to the ILO. With regard to the functioning of the Tripartite Working Group, comments such as those made in 2006 had not previously been submitted to it. The Government indicates that it has sought solutions in practice for the holding of a seminar on international labour standards to enable those involved to understand the importance of the presentation of reports, and on other processes for the formulation of standards so as to provide the necessary information within the time limits established by the ILO.

3. Re-examination of unratified Conventions and of Recommendations. In the view of the PIT–CNT, although recognizing that progress has been made in relation to the previous situation, it is also necessary to re-examine unratified Conventions and the application of certain Recommendations that have not yet been given effect through the adoption of national provisions for their implementation with greater rapidity and more in-depth analysis than is currently the case. The Government indicates that consultations were held on the agenda of the 93rd and 95th Sessions of the Conference, the proposals made to Parliament with regard to Recommendations Nos 194 and 195 and on the ratification of Conventions (in 2004 and 2005, the ratifications were registered of Conventions Nos 167, 181 and 184; moreover, the possibility of ratifying Conventions Nos 158, 183 and 185 was considered).

4. Administrative support. In the view of the PIT–CNT, although acknowledging that the convening of meetings is notified by electronic mail one week beforehand, there are certain difficulties in gaining access to the materials necessary to be able to hold a really effective meeting and they are generally not available prior to the meeting, leading to difficulties in holding the meeting and delays and hold ups in the analysis and decisions on the various matters. In its reply, the Government indicates that it shares the concerns of the workers in relation to the administrative shortcomings and material support provided for the Tripartite Working Group, further indicating that the installation of computer equipment is envisaged in the near future.

5. The Committee recalls that in its view “effective consultations” are those which enable employers’ and workers’ organizations to put forward their opinions meaningfully on matters relating to the activities on international labour standards referred to in Article 5, paragraph 1, of the Convention. The Committee hopes that the Government and the social partners will be able to provide information on the initiatives taken to give satisfaction to all the parties concerned in the consultations required by the Convention. In this respect, the Committee trusts that the Government and the social partners will examine the procedures that ensure that the tripartite consultations required by the Convention have been held on the issue of the ratification or implementation of the Conventions and Recommendations that are being examined in the Tripartite Working Group, and that the draft reports are communicated to the social partners sufficiently in advance so that their comments can be included directly (Article 5, paragraph 1(c) and (d), of the Convention). It also hopes that the next report will contain updated information on the manner in which the administrative support, as required by the Convention for the consultation procedures established , is provided (Article, 4, paragraph 1).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with interest the first report submitted by the Government on the application of the Convention. It would be grateful if the Government would provide additional information on the following points.

Article 4, paragraph 2, of the Convention. Please describe all the arrangements made or envisaged with the representative organisations for the financing of any necessary training of participants in the consultations required by the Convention.

Article 5, paragraph 1(b). Please provide information concerning the consultations held on the proposals to be made to the competent authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution.

Article 6. Lastly, please indicate whether consultations have been held with the representative organisations as to whether the issuance of an annual report on the working of existing consultation procedures is appropriate.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer