Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

1. Access to employment. In earlier comments, the Committee has referred extensively to section 3(1) of Act No. 16045 which prohibits all discrimination that is contrary to equality of treatment and opportunity for both sexes and which states that "The hiring of a specific sex for an activity for which the sex in question is an inherent requirement, shall not constitute discrimination". The Committee notes from the Government’s report that no regulations or lists have been established and that the authority responsible for determining exceptions and jobs the performance of which depends on the hiring of a specific sex, is the Ministry of Labour and Social Security. Furthermore, the Ministry of Labour and the General Labour Inspectorate may rule that to advertise for or apply certain criteria based on sex as a requirement for entry into the labour market is discriminatory where they are not essential for performance of the job. So that it may satisfy itself that the application of this provision is restrictive and does not give rise to undue exclusion from the protection the Convention affords in access to employment and occupation, the Committee requests detailed information on: (a) the criteria used by the Ministry of Labour and the General Labour Inspectorate in determining the jobs for which sex is an inherent requirement; (b) any cases of job offers referred to the Ministry of Labour that include sex as an essential element, and cases reported by the Labour Inspectorate; (c) complaints filed to the courts on the basis of section 3 of Act No. 16045 and the courts’ decisions; and (d) efforts undertaken with the social partners to set clear criteria for determining when sex is an essential element for performing a specific activity.

2. National policy on equality. The Committee notes with interest the Plan for Equality of Treatment and Opportunity in Employment, announced in 2004 by the Tripartite Committee on Equality of Opportunity and Treatment in Employment. According to the Government, although the plan is not final and has not yet been approved for implementation, it is a fundamental tool for discussion and adoption by the Government. The Committee would be grateful if the Government would keep it informed about the adoption of the plan, measures for its implementation and its impact in practice.

3. Sexual harassment. The Committee notes with interest that the Fines Code, approved by Executive Decree No. 186/04 of 8 June 2004, which regulates offences to be dealt with by the Labour Inspectorate, provides in section 6(h) that sexual harassment in labour relations shall be treated as a very serious offence. It also notes that the municipality of Montevideo has issued resolution No. 4147/03 of 7 October 2003, has set up a working group on sexual harassment and has established a special summary procedure for dealing with sexual harassment complaints. The Committee would be grateful if the Government would continue to provide information on measures adopted in this regard and on the cases dealt with by the Labour Inspectorate.

4. African descendants. With regard to the information requested on the community of African descendants, the Committee notes that the Government has no up to date information on the participation of such persons in the labour market. The Committee notes the enactment, on 29 July 2003, of Act No. 17677, which punishes incitement to hatred, contempt or violence against one or more persons on grounds of colour, race, national or ethnic origin, or sexual orientation or identity. It also notes that there are organizations of African descendants that participate actively in a number of governmental committees. The Committee requests the Government to provide information on the impact of Act No. 17677 and to continue to provide information on any measures to promote equality in employment and occupation for members of the abovementioned community.

5. Labour inspection. The Committee notes that training courses for labour inspectors are held every year, which often include training in the area of equality. The Government refers to the recent adoption of the Fines Code, which treats as a serious offence "any actions or omissions that involve discrimination in working conditions on grounds of sex, nationality, marital status, race, social condition, political and religious ideas and membership or non-membership of trade unions". The Committee requests the Government to provide information on the application and impact of the abovementioned Code.