Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Uruguay (Ratification: 1987)

Effective tripartite consultations. The Committee notes the Government’s report for the period ending May 2010. The Committee notes Decree No. 558/008 of 21 November 2008 establishing the Tripartite Advisory Commission, which will operate under the auspices of the Ministry of Labour and Social Security. The mandate of the Tripartite Advisory Commission reflects the provisions of Article 5(1) of the Convention. The operation of the Tripartite Advisory Commission is governed by the following rules: (1) the Tripartite Advisory Commission holds ordinary monthly meetings and extraordinary meetings when so required by the subjects or matters to be addressed; (2) meetings shall be convened five days in advance, with the exception of extraordinary meetings, which may be convened, upon request by the parties giving their reasons, 72 hours in advance; (3) the agenda shall be determined in advance and new items may only be included with the unanimous agreement of the parties; (4) items shall be addressed in a double discussion, unless it is unanimously decided otherwise: during the first discussion, the subject shall be presented and debated, and in the second discussion, following further debate, a decision shall be adopted; (5) if one sector is not present, the agenda will still be followed, with the Government delegates being under the obligation to forward a copy of the minutes with the items addressed to the absent sector: where such absence occurs in the meeting at which a decision has to be adopted, the decision shall not be prevented by such absence; (6) both the government sector and the social partners shall attend the meetings with their positions decided upon when the matter has previously been addressed in an earlier meeting; and (7) unless consensus or unanimity is achieved, decisions shall be adopted by a simple majority, with those voting against or abstaining having the opportunity to express their views. The Committee notes with interest that these rules consolidate the rules for the operation at the national level of a Tripartite Advisory Commission. Taking into account the observations of the International Organisation of Employers (IOE), the Chamber of Industries of Uruguay (CIU) and the National Chamber of Commerce and Services of Uruguay (CNCS), and the Government’s reply received in November 2010, the Committee hopes that the next report will include detailed information on the operation of the Tripartite Advisory Commission and indicate how account has been taken of the views expressed by the representative organizations consulted on each of the subjects enumerated in Article 5(1) of the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. With regard to the proposals made for the ratification of new Conventions, the Committee notes that, following tripartite consultations, the National Parliament approved in October 2009 the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and Workers’ Representatives Convention, 1971 (No. 135). The Committee notes with interest that the ratification of Convention No. 102 was registered in October 2010.