Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Uruguay (Ratification: 1977)

The Committee notes the information supplied by the Government in answer to the communication from the Inter-Trade Union Assembly - Workers’ National Convention (PIT-CNT) sent to the Office on 30 September 2002, and containing comments on the application of the Convention. The Committee takes note of the resolution of 19 December 2002 issued by the National Institute for Minors (INAME), the authority for youth policy matters, under which any exemptions pertaining to the minimum age for admission to employment, extensions of the working day and special or night rest periods, must be authorized jointly with the National Committee for the Elimination of Child Labour (CETI), which comprises representatives of all the social sectors involved, including the PIT-CNT.

In the abovementioned communication, the PIT-CNT stated that INAME had adopted resolutions allowing night work by young persons of 16 years of age in breach of the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79), and the Minimum Age Convention, 1973 (No. 138). According to the PIT-CNT, resolution No. 2028/01 of the INAME National Directorate allows the authorities of the country’s departments and the Montevideo Division for Inspection, Training and Labour Market Entry to issue individual temporary permits (for maximum periods of up to three months between 15 December and 15 March) authorizing minors of 16 years of age to work between 10 p.m. and midnight, provided that the work does not interfere with their education or jeopardize their moral or physical safety. Furthermore, prior permission must be obtained from the father, guardian or other person responsible for the minor.

In response to the PIT-CNT’s communication, the Government states in its report that the situation described by the latter has changed significantly throughout the country since INAME informed CETI that all exemptions pertaining to the minimum age for admission to employment, extension of the working day and special or night rest periods must be authorized jointly with CETI, of which the PIT-CNT is a member. The Government also states that INAME has authorized no exemptions without a prior decision from CETI.

The Committee notes with interest the information supplied by the Government.

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