Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s indications in reply to its previous comment to the effect that hours of work are regulated by law – the legislation in this respect being statutory – and do not fall within the mandate of wage councils.

The Committee also notes that a substantial number of laws and regulations have been adopted in Uruguay in respect of hours of work and that it is currently difficult to have an overview of the applicable provisions. It would therefore be grateful for classifications on the following points.

Article 2 of the Convention. Scope of application. The Committee requests the Government to indicate whether the Decree of 29 October 1957 regulating the limitations on hours of work established by labour laws for industry, commerce and offices is still in force.

Article 5. Distribution of hours of work over a period longer than a week. The Committee requests the Government to indicate whether laws or regulations, such as section 12 of the Decree of 29 October 1957 referred to above, if it is still in force, authorize the distribution of hours of work over a period longer than a week. If so, the Government is requested to provide copies of any applicable texts.

Article 6, paragraphs 1 and 2. Permanent and temporary exceptions. The Committee notes that several laws or regulations contain provisions respecting the introduction of permanent or temporary exceptions. Reference may be made in this respect to: the Decree of 29 October 1957, referred to above; the resolution of 29 October 1984 of the Ministry of Labour and Social Security; and Act No. 15.996 of 17 November 1988. The Committee requests the Government to indicate the provisions that are effectively applicable in this respect. More specifically, the Government is asked to indicate the circumstances in which permanent or temporary exceptions are authorized, and the applicable daily, weekly and annual limits in such cases.

Part VI of the report form. The Committee notes that the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT) made observations in 2003 concerning systematic shortcomings in the application of the Convention, particularly due to the lack of resources of the labour inspectorate. It notes in this respect the detailed information on the strengthening of the labour inspection services that the Government provided in its report. The Committee also notes the report on the activities of the General Labour and Social Security Inspectorate for 2007, which was attached to the report provided by the Government under the Labour Inspection Convention, 1947 (No. 81). It further notes the observations made by the Latin American Confederation of Labour Inspectors (CIIT) concerning the application of Convention No. 81, which refer to the inadequate resources made available to labour inspectors. The Committee requests the Government to continue providing information on the application of the Convention in practice, in particular concerning the number of offences reported in matters of hours of work and any measures taken in response. With regard to the issue of the strengthening of the labour inspection services, it requests the Government to refer to its comments under Convention No. 81.