Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 29 August 2008, which refer to anti-union dismissals and an act of violence against a leader of the Uruguayan Federation of Commercial and Industrial Employees (FUECI). The Committee requests the Government to send its observations on these matters with its next report.

Article 4 of the Convention. The Committee notes that the Government reports that: (1) the national legislation does not include a single and complete text regulating collective bargaining and, consequently, part of the doctrine maintains that in Uruguay there are two collective bargaining models: the typical model and the model set up as a result of the convening of wages councils; (2) the re-establishment of wages councils in 2005 has revitalized both unionization and collective bargaining; (3) wages councils are tripartite bodies which have the task of setting minimum wages by category and branch of activity, and, although their basic task is to set minimum wages and categories, both through the application of other sections of Act No. 10449 (which establishes an entire system of collective bargaining for wages councils) and through practice, their powers have been expanded in the sense that they act as conciliation bodies in collective disputes, negotiating other working conditions and regulating trade union leave, etc; (4) in 2005, three bodies were set up at the general level: the Higher Tripartite Council, the Higher Rural Council and the body for negotiation in the public sector and, as a consequence, 20 groups of wages councils have been set up covering nearly 200 negotiating areas; (5) the results were widely successful and, in more than 95 per cent of them, agreement was reached and, in the rest, matters were resolved by vote; a framework agreement was concluded in the public sector and several in the rural sector, and a third round of negotiations is planned for this year.

In this regard, while observing that the objective of wages councils in Uruguay has historically been to promote collective bargaining, the Committee observes that the possibility of a vote being held in the tripartite councils for setting conditions of employment infringes upon the principle of free and voluntary negotiation, which constitutes an essential aspect of the principles of freedom of association. The Committee recalls that setting minimum wages may be the subject of decisions by tripartite bodies. However, with regard to other conditions of work, the Committee emphasizes that, in accordance with the principles of free and voluntary collective bargaining between parties, established under Article 4 of the Convention, conditions of work should be set, without interference by the public authorities, by workers’ organizations and employers or their organizations. In these circumstances, the Committee requests the Government to take measures to promote collective bargaining as outlined above.

Finally, the Committee notes that the Government reports that the Ministry of Labour and Social Security, the Planning and Budget Office and the Inter-Trade Union Assembly–Workers' National Convention (PIT–CNT) prepared a draft law on collective bargaining for the public sector which is being considered by the National Parliament. The Committee requests the Government to provide information on any progress made with regard to the draft law in question.