Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uruguay (Ratification: 1989)

Women’s access to employment. In its previous comments, the Committee referred to section 3(1) of Act No. 16045 prohibiting any discrimination in breach of the principle of equality of treatment and opportunity between men and women, with the exception of those cases where sex is an essential requirement to perform the activities associated with a certain post. The Committee notes from the Government’s report that draft Act No. 648/2005, which prohibits discrimination on job announcements, is under the consideration of Parliament. The Committee also notes the General Labour and Social Security Inspection (IGTSS) has no information on any cases in which the sex of the worker has been considered an essential requirement for a given post. The Committee asks the Government to provide information on the abovementioned draft Act and on the practical application of section 3 of Act No. 16045.

Pregnancy testing. The Committee notes that to date no legislation has been adopted regarding pregnancy tests and that the phase of hiring falls outside the mandate of the General Labour Inspection. Recalling that pregnancy tests as a requirement for recruitment to a job or for maintaining a job constitute a form of discrimination based on sex under the Convention, the Committee urges the Government to adopt the necessary measures to prohibit, prevent and punish such tests. The Committee hopes that this issue will be addressed under the draft Act on access to employment. It invites the Government to take the necessary measures in cooperation with the social partners, and asks the Government to provide information in this regard, including regarding the position of the Tripartite Commission for Equality of Opportunity and Treatment in Employment (CTIOTE) on this issue.

Domestic work. The Committee notes that Act No. 18065 on domestic work was adopted on 27 November 2006 and that Decree No. 224/2007 was adopted on 25 June 2007. However, the Committee also notes that, although the Government has convened the Wages Councils to recognize this sector of activity, collective bargaining in respect of domestic work does not yet take place due to the lack of representation of employers. The Committee asks the Government to provide information on any measures taken to encourage collective bargaining regarding domestic workers and to provide information on progress made in this regard. The Committee also invites the Government to provide information on the practical application of Act No. 18065 and Decree No. 224/2007.

Afro-descendants. The Committee notes the information provided by the Government regarding the Commission to Promote Ethnic-Racial Equity in Employment and the functions the Commission will have once the decree establishing it is adopted. The Committee notes that the Commission will be coordinated by the IGTSS and it welcomes that the Commission will be comprised of representatives from other government institutions, representatives of afro-descendants, of employers and of the PIT–CNT. The Committee considers that this composition will allow the Commission to have an impact on the non-discrimination of afro descendants in employment and occupation. The Committee also notes that activities undertaken and planned in the context of the Programme to strengthen the institutional role of women of African decent. The Government also provides information, among others, on activities to build capacity on equality issues, the audiovisual material entitled “Exerting rights, promoting identities” and other materials, such as a document entitled “Information on ethnic-racial focus. Conceptual elements”. The Committee also notes that quotas were established in capacity-building courses in favour of Afro-descendants women and the initiative to create the National Network of Afro-Descendant Women. The Committee asks the Government to continue to provide information on this matter.