Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Uruguay (Ratification: 1954)

The Committee takes note of the communication from the Association of Secondary School Teachers (ADES) dispatched on 15 August 1989, reporting that teachers were in a difficult situation with regard to the level of their wages and that, as their remuneration is determined by the State, there is no legal framework for collective bargaining, which is contrary to Convention No. 98.

Since the Government has not yet replied to the comments of the ADES, the Committee feels that it would be more appropriate to deal with this question at its session next year when it will have examined the Government's observations.

In addition, the Committee recalls that, for a number of years, it has been drawing attention to the fact that public servants other than those engaged in the administration of the State are being deprived of their right to bargain collectively (Articles 4 and 6 of the Convention).

The Committee emphasises once again that public servants not engaged in the administration of the State should enjoy the right to negotiate their conditions of employment, including wages, collectively. However, the Committee notes that under the Constitution, Legislative Decree No. 10388 of 1943 setting the conditions of service of the public service and the Special Rules issued under section 40 of Legislative Decree No. 10388, the status of public servant applies not only to public servants in the strict sense of the term but also to employees of autonomous bodies and decentralised services, including teachers, employees in commercial and industrial establishments and bank employees, and that these employees are deprived of the right to collective bargaining.

In its previous observation, the Committee noted that a Bill to issue regulations under article 65 of the Constitution had been prepared, establishing representative committees in autonomous bodies, but that it did not deal with collective bargaining.

The Committee trusts that the Government will take the necessary measures to ensure recognition of the right of public servants who are not engaged in the administration of the State to negotiate their conditions of employment collectively, in accordance with Article 4 of the Convention and requests it to provide information in its next report on any progress made towards ensuring compliance with the Convention in this respect.