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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee urged the Government to continue its efforts to combat child labour.

The Committee notes that work is being carried out in collaboration with the relevant parliamentary committee with a view to amending Chapter XII of the Children and Young Persons Code. It notes with interest that one of the amendments under consideration consists in raising the minimum age for employment to 16 years. The Committee also notes that a course on awareness raising, training and the development of policies on the eradication of child labour was given in 2007 in Rivera, Maldonado and Montevideo with support from the ILO–IPEC in order to raise the awareness of the social partners of the issue of child labour and provide them with training in that regard. It also notes the information available to the ILO that a day devoted to raising awareness of child labour and introducing the methodology of the ILO programme entitled “Supporting children’s rights through education, the arts and the media” (“the SCREAM programme”), designed to raise awareness and provide training in the use of SCREAM educational materials, was due to be held this year by the National Committee for the Elimination of Child Labour (CETI). The Committee would be grateful if the Government would continue providing information on any measures taken or envisaged to ensure the effective abolition of child labour. It requests it, in particular, to provide information on the progress made with regard to the amendments to the national legislation and to provide, if applicable, a copy of any relevant text as soon as it has been adopted. It also requests the Government to provide information on the implementation of the SCREAM methodology and its impact in relation to the objective set by the Convention.

Article 3, paragraph 2. Identification of hazardous types of work. Referring to its previous comments, the Committee notes that the list of types of work which are regarded as hazardous, which was drawn up by the CETI following consultation with the social partners, is in the process of being revised and that it is expected that the list will be adopted by government decree once the revision has been finalized. The Committee expresses the firm hope that this decree will be adopted soon and requests the Government to provide information on any developments in this regard, as well as a copy of any related text once adopted.

Article 7. Light work. Referring to its previous comments, in which the Committee requested the Government to take the necessary measures to harmonize the provisions of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the 1934 Children’s Code with those of section 165 of the Children and Young Persons Code of 2004, the Committee notes the information that the 1934 Children’s Code was repealed with the entry into force of the Children and Young Persons Code of 2004.

Article 8. Artistic performances. Referring to its previous comments, the Committee notes that eight permits for participation in a film, four for work in theatre performances and one for participation in a television comedy were issued by the National Institute for Children and Young Persons (INAU) in 2007. It also notes that four permits for work in a television programme, eight for work in theatre performances, seven for participation in a ballet, six for participation in an opera, one for performance in a musical band, six for participation in a Celtic music show and ten for zarzuela musical performances were issued in 2008.

Article 9, paragraph 2. Persons responsible for enforcing the Convention. The Committee notes that the authorities responsible for supervising the application of the Convention are the Ministry of Labour’s General Labour and Social Security Inspectorate and the INAU through its National Inspection Department for the Employment of Children and Young Persons. According to the Government, the INAU is facing a shortage of human resources and has only five inspectors covering the entire country and a single office worker responsible for computerizing the information. However, steps have been taken to recruit new inspectors and it is expected that ten vacant posts will be filled. The Committee requests the Government to continue providing information on developments relating to the number of inspectors responsible for supervising the application of the provisions giving effect to the Convention.

Article 9, paragraph 3. Employment registers. The Committee notes the Government’s indication that a computer programme has been installed this year which allows all information relating to young workers and enterprises to be recorded.