Labour Administration Convention, 1978 (No. 150) - Uruguay (RATIFICATION: 1989)

CMNT_TITLE

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.

In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that in 2019 there were 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division and that in 2020, there were 102 labour inspectors (44 in the CGT Division and 58 in the CAT Division). The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo. The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2020 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

CMNT_TITLE

In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that as things stand in 2019 there are 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division. The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo.

The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2019 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

CMNT_TITLE

Article 4 of the Convention. Structure and operation of the system of labour administration. The Committee notes that Decree No. 280/013 of 2 September 2013 approves the plan of the Ministry of Labour and Social Security to restructure its administration and create new posts. The Committee requests the Government to provide information on the repercussions of the structural changes introduced by this Decree on the organization and efficiency of the operation of the labour administration system.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. With reference to its previous comments, the Committee notes the information provided by the Government on the composition, functions and competencies of the Tripartite Higher Council, which is a consultation, cooperation and negotiation body created by Act No. 18566 of 11 September 2009. It also notes that the composition of the Council was modified by Act No. 19027 of 18 December 2012. The Committee requests the Government to indicate the measures adopted with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

Application in practice. The Committee requests the Government to provide extracts from reports or other periodical information pertaining to the principal services of the labour administration.

CMNT_TITLE

The Committee refers the Government to its observation and draws its attention to the following points.

Articles 1,2,4,5 and 9 of the Convention. Organization and distribution of duties in labour administration. The Committee notes the information on the organization of the Ministry of Labour and Social Security (MTSS). It further notes that under Act No. 18566 of September 2009, a Tripartite High Council was established as a body for the coordination and governance of industrial relations, with a remit covering negotiation and labour disputes, and that the MTSS and the social partners were working on the Council’s regulations in September 2010. The Committee requests the Government to provide information on progress in this work and to send copies of any texts adopted. It would also be grateful if the Government would provide information on the Council’s activities.

The Committee once again asks the Government to provide a copy of any activity reports produced by the National Coordination Directorate.

The Committee notes with interest the creation, pursuant to Act No. 18406 of 23 October 2008, of the National Employment and Vocational Training Institute (INEFOP), a non-governmental body set up under public law, which is tripartite in nature and whose functions cover employment and vocational training in the private sector. It also notes with interest that under Decree No. 158/010 of 24 May, a National Council on Corporate Social Responsibility was established, whose duties include promoting and extending the application of policies on corporate social responsibility in the framework of sustainable productive development for the country, focusing on policies for social inclusion, gender issues, vocational training and respect for human rights and the environment. The Committee would be grateful if the Government would send information on the work and supervision of INEFOP and the National Council on Corporate Social Responsibility, along with copies of reports on their activities.

Article 7. Extending the functions of the system of labour administration to certain categories of workers who are not, in law, employed persons. Further to its previous comments, the Committee notes that under Act No. 18407 of 23 October 2008, which regulates the operation of the cooperative system, members of cooperatives are covered by labour and social security law. The Committee again asks the Government to provide information on the coverage of self-managed enterprises and self-employed workers by the social security system, and on the number of workers in these categories who are covered by such services.

CMNT_TITLE

The Committee notes the Government’s report received at the office on 7 September 2010. It notes the information supplied by the Government in reply to its previous comments. It will examine this information in the context of the Labour Inspection Convention, 1947 (No. 81).

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Referring also to its observation on the Convention, the Committee asks again the Government to communicate further information on the following points.

1. Articles 1, 4, 5 and 6 of the Convention. Organization and distribution of responsibilities in the field of public labour administration; consultation, collaboration and cooperation. The Committee notes Decree No. 191/97 modifying the organization of the Ministry of Labour, within which the National Coordination Directorate is responsible for the implementation, coordination and supervision of the policies, plans and programmes developed by other executive bodies in the Ministry and duly approved in the fields of labour, human resources, employment and the promotion of social policy. The Committee notes that this Directorate has 38 local offices throughout the country. The Government also refers to the existence within the labour administration system of new inter-ministerial coordinating bodies. The Committee would be grateful if the Government would provide copies of any activity report prepared by the National Coordination Directorate, if it would enumerate precisely the inter-ministerial coordinating bodies, provide information on their responsibilities and activities and supply copies of any texts relating to them.

2. Articles 3 and 9. Matters relating to labour administration regulated, in accordance with the law, by having recourse to direct negotiations between employers and workers and supervision of the labour administration activities carried out by parastatal agencies. The Committee notes the possibility of creating, by means of a collective agreement between one or more enterprises and their workers, a health insurance fund under the control of the Social Insurance Bank. Noting that the Decree to which the Government refers does not concern this subject, the Committee would be grateful if the Government would indicate whether this possibility is applied in practice and if it would provide, where appropriate, a copy of the relevant legal text.

The Committee also requests the Government to indicate the bodies in the labour administration system which are responsible for discharging the functions covered by the provisions of Article 9 and to provide information of a practical nature on the role played by such bodies.

3. Article 7. Extension of the functions of the system of labour administration to specific categories of workers who are not, in law, employed persons. The Committee notes with interest the information that workers in cooperatives and self-managed enterprises, as well as self-employed workers, are entitled to social security benefits, employment accident prevention measures and unemployment benefits in the same way as other workers. The Committee would be grateful if the Government would provide copies of any relevant legal text, as well as information on the number and categories of workers concerned.

CMNT_TITLE

The Committee notes the Government’s report for the period ending 31 May 2005 and the legislative texts communicated with the reports relating to Conventions Nos. 81 and 129. The Committee also notes the new comments made by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT), which were communicated by the Government on 22 September 2005. The PIT-CNT considers that the Government systematically fails to apply the Convention and that the labour inspectorate, which is a vital component of the labour administration system, does not function in a satisfactory manner. According to the PIT-CNT, the exercise of a parallel profession by labour inspectors may prove to be incompatible with their inspection duties. With regard to the recent change of Government and the developments in respect of a change of approach in industrial relations and labour policy, with a greater role for participative tripartism, the PIT-CNT says that it is closely observing the development of the situation.

1. Article 10, paragraph 1, of the Convention. Independence of the staff of the labour administration system. In the light of the many comments it has made in the past under Convention No. 81 (in 2001, 2003 and 2004), which were taken up by the Conference Committee on the Application of Standards (in 2002) and which concerned the incompatibility, in respect of the technical and ethical aspects of the profession of labour inspector, of the legislation authorizing the labour inspector to carry out lucrative parallel activities, the Committee notes the Government’s comments in its report under Convention No. 81 indicating that this situation is to be remedied by measures of a budgetary nature. The report indicates that the question of the disparity in wages between different groups of inspectors with regard to the wages of tax inspectors is being examined, as is the issue of the exclusivity of the function of officials from the General Directorate of Taxes. However, the Committee notes with concern that the possibility for labour inspectors to perform a parallel activity is not called into question, but only made subject to an obligation to declare, under oath, using a form issued by the National Public Service Office, the other employment activity. The Committee recalls, however, that, apart from the impact on the workload, the performing of a second job is highly likely to compromise the authority and impartiality of the labour inspector. The Committee emphasizes the importance of labour inspectors in the sense of Convention No. 81 and considers that these requirements can only be fulfilled if the inspector is independent of any improper external influences, such independence being a requirement under Article 10 of Convention No. 150 for all labour administration staff. The Committee would be grateful if the Government would ensure that the independence of labour inspectors is not based only on provisions of a budgetary nature, but also on legal provisions preventing the exercise of a parallel salaried activity. It requests the Government to communicate information on any measures taken in this regard.

2. Strengthening of the resources and means of the labour administration. The Committee notes with interest that the budget allocated to the Ministry of Labour and Social Security is to be doubled this year and that strategic services, in particular the labour inspectorate and the departments responsible for collective bargaining and employment policy, are soon to be reinforced, notably thanks to international cooperation in 2005 to help launch collective bargaining. The Committee hopes that budgetary allocations for the future recruitment of inspectors, lawyers (ten) and administrative agents (25), and for the creation of a motor vehicle service for labour inspectors, will be made for next year. The Committee also notes with interest the establishment, in each district, of a single information point common to the services of the tax office and the Social Insurance Bank, and hopes that this measure will make it easier for the administrations concerned, in particular the labour inspectorate, to collect the information necessary to create a register of the establishments liable to inspection. The Committee requests the Government to keep the Office informed of any progress made in this regard.

3. Strengthening the labour inspectorate to reduce occupational accidents. In reference to its previous comments relating to the representation made to the ILO by the PIT-CNT and the National Single Trade Union in Construction and Similar Activities (SUNCA) concerning the frequency of occupational accidents in numerous sectors of activity, notably in the building industry, the Committee notes with interest that efforts continue to be made to strengthen the inspection service’s capacity to take action, in particular through the quantitative and qualitative reinforcement of staff, the creation of a motor vehicle service and the provision of the fuel and travel allowances required by inspectors to travel around on inspection visits.

4. Article 5. Tripartite consultation on labour inspection policy. The Committee also notes with satisfaction the creation, by Decree No. 114 of 16 March 2005, of the National Advisory Council responsible for labour inspection policy. This body, headed by the General Inspector of Labour and Social Security, also comprises two employers’ representatives and two workers’ representatives and carries out the following functions:

(1)   issues notices concerning the definition of labour inspection policies in all branches of activity;

(2)   promotes the development of legislation relating to the prevention of occupational risks and the improvement of working conditions;

(3)   requests technical reports from the political bodies and institutions with a view to the improvement of working conditions and the working environment, and the identification of the priorities of the labour inspectorate;

(4)   ensures coordination with these bodies for the joint implementation of specific action plans;

(5)   prepares and proposes plans, programmes and national campaigns on safety, hygiene and the improvement of working conditions;

(6)   issues notices on the definition of specific policies, aimed notably at combating the informal economy or reducing occupational risks.

The Committee hopes that the Ministry’s budgetary allocations for the recruitment of 40 hygiene and safety inspectors will come into effect in the near future, that these inspectors will contribute to increasing inspection activities in establishments and activities where risks are present and that information indicating a reduction in the number of occupational accidents will soon be communicated by the Government. The Committee would be grateful if the Government would communicate to the ILO a copy of any extracts from reports on the work of the National Advisory Council, and any information relating to improvements in the legislation on working conditions in the different sectors of economic activity, including conditions guaranteeing the protection of workers against risks to their health and safety.

Lastly, the Committee notes that the Government has not communicated the information it asked for in its previous direct request and therefore requests, once again, that it supplies this information.

CMNT_TITLE

With reference also to its observation on the Convention, the Committee requests the Government to provide additional information on the following points:

1.  Organization and distribution of responsibilities in the field of public labour administration; consultation, collaboration and cooperation (Articles 1, 4, 5 and 6 of the Convention).  The Committee notes Decree No. 191/97 modifying the organization of the Ministry of Labour, within which the National Coordination Directorate is responsible for the implementation, coordination and supervision of the policies, plans and programmes developed by other executive bodies in the Ministry and duly approved in the fields of labour, human resources, employment and the promotion of social policy. The Committee notes that this Directorate has 38 local offices throughout the country. The Government also refers to the existence within the labour administration system of new inter-ministerial coordinating bodies. The Committee would be grateful if the Government would provide copies of any activity report prepared by the National Coordination Directorate, if it would enumerate precisely the inter-ministerial coordinating bodies, provide information on their responsibilities and activities and supply copies of any texts relating to them.

2.  Matters relating to labour administration regulated, in accordance with the law, by having recourse to direct negotiations between employers and workers (Article 3) and supervision of the labour administration activities carried out by parastatal agencies (Article 9).  The Committee notes the possibility of creating, by means of a collective agreement between one or more enterprises and their workers, a health insurance fund under the control of the Social Insurance Bank. Noting that the Decree to which the Government refers does not concern this subject, the Committee would be grateful if the Government would indicate whether this possibility is applied in practice and if it would provide, where appropriate, a copy of the relevant legal text.

The Committee also requests the Government to indicate the bodies in the labour administration system which are responsible for discharging the functions covered by the provisions of Article 9 and to provide information of a practical nature on the role played by such bodies.

3.  Extension of the functions of the system of labour administration to specific categories of workers who are not, in law, employed persons (Article 7).  The Committee notes with interest the information that workers in cooperatives and self-managed enterprises, as well as self-employed workers, are entitled to social security benefits, employment accident prevention measures and unemployment benefits in the same way as other workers. The Committee would be grateful if the Government would provide copies of any relevant legal text, as well as information on the number and categories of workers concerned.

CMNT_TITLE

The Committee notes the Government’s report for the period ending June 1999. With reference to its observation of 1996 relating to the representation made to the ILO by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and the National Single Trade Union in Construction and Similar Activities (SUNCA) concerning the safety situation in the construction sector and the resulting high incidence of employment accidents, the Committee notes the relevant information and the full documentation transmitted by the Government with its report on the application of Convention No. 81. This information shows that important measures have been taken to give effect to the recommendations of the Committee set up to examine the representation, whose report was adopted by the Governing Body. The Committee notes with interest the substantial development in the human and material resources of the relevant services of the labour administration, as well as the adoption of relevant legislative provisions and awareness-raising campaigns for workers and employers on occupational risks using the media and with the active participation of the trade unions. The Government also provides information concerning the technical and financial cooperation of many national, foreign and international public and private institutions, with the participation of employers’ and workers’ organizations in the construction sector. The Committee notes with interest, in particular, the establishment of specific inspection and training programmes in the field of occupational safety in collaboration with the Inter-American Research and Documentation Centre on Vocational Training (ILO/CINTERFOR). However, the Committee notes that, according to the Government, despite the significant progress made as a result of the implementation of measures in the field of occupational safety, the number of employment accidents remains abnormally high, and it would be grateful if the Government would continue to provide information on any measures which have been taken or are envisaged in the areas covered by the Convention with a view to improving occupational safety conditions, not only in the construction sector, but also in other sectors of activity.

The Committee is addressing a request directly to the Government concerning certain provisions of the Convention.

CMNT_TITLE

The Committee notes that the Governing Body, at its 267th Session (November 1996), adopted the report of the committee set up to examine the representation presented under article 24 of the Constitution by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliate, the National Single Trade Union in Construction and Similar Activities (SUNCA), alleging non-observance by Uruguay of the Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150) and the Occupational Safety and Health Convention, 1981 (No. 155) and the Occupational Health Services Convention, 1985 (No. 161).

In their representation, the complainant organizations claimed that private enterprises in the construction sector, which employs the largest proportion of manpower in the country, were reducing to a minimum their prevention costs relating to safety and health. The result, according to the complainants, was a major renewed outbreak of infringements of the current legislation on safety and health. The organizations concluded that this situation had arisen because of the non-existence of an efficient labour administration, capable of assuming its responsibilities in the fields of industrial accidents and occupational diseases, in particular concerning employers' respect for legislative provisions. They also considered that the labour inspection service did not have sufficient human and material resources necessary to carry out its tasks.

The conclusions of the report show that, while it is a fact that the national legislation gives effect to the Conventions, and that the Government had made efforts to improve the system of inspection and accident prevention in the construction sector, the high number of industrial accidents in this sector including a number of mortal accidents, following non-observance of the national legislation, leads to the conclusion that, in practice, the application of Convention Nos. 62, 81, 150 and 155 is not ensured. In accordance with the recommendations in the report, the Government is asked to take the measures necessary to: guarantee that the legislation on occupational safety and health in the construction sector is applied to all the workers employed in this sector; ensure observance of the standards in force regarding safety and health by all the enterprises in the sector, with particular attention being given to subcontractors; check that temporary workers receive the training necessary for them to carry out their tasks; strengthen the labour inspection system and the other administration bodies responsible for verifying observance of the safety and health standards; and guarantee that all complaints received are systematically and diligently investigated and followed up by the penalties set out in the national legislation when infringements of the safety standards are detected.

The Committee asks the Government to supply information on the measures taken to give effect to the recommendations so as to ensure the application of the Convention.

CMNT_TITLE

The Committee notes the information supplied by the Government in its first report. Please supply additional information on the following points:

Article 2 of the Convention. Please indicate the subjects, frequency and means used for the continual exchanges of information and dialogue between the Ministry of Labour and the principal occupational organizations of employers and workers.

Article 4 of the Convention. Please indicate the manner in which the Ministry of Labour coordinates its activities at the national, regional and subregional levels and, in the same context, the way in which its various departments are coordinated in relation to subjects such as: employment and social security, labour inspection, and occupational health and safety.

Article 5 of the Convention. Please supply information on the measures which have been adopted to ensure that consultation, cooperation and negotiation within the labour administration system cover subjects such as employment services, social security and occupational safety and health.

Articles 6, paragraph 1(a) and 9 of the Convention. Please indicate the measures which are applicable to ensure that the competent bodies within the labour administration system participate in the preparation of laws and regulations which give effect to the national labour policy; and the manner in which the Ministry of Labour coordinates with other ministries and public sector bodies on subjects which, although the responsibility of the latter, may also have an incidence on labour administration.

Article 7. Please indicate the manner in which access to training, subsidies, social security benefits, the prevention of accidents and unemployment benefits, as appropriate, is guaranteed to the categories of workers referred to in this Article.

Article 10. The Committee refers to its observation on Article 6 of Convention No. 81, with regard to the conditions of service in the labour administration.