Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes with satisfaction the adoption of Act No. 18561 of 18 August 2009 concerning sexual harassment at work and in teaching relationships. In keeping with the 2002 general observation, the Act contains standards relating to the prevention of and penalties for such acts and covers both quid pro quo and hostile work environment sexual harassment (section 2). The Act also imposes the obligation on the State to formulate and implement awareness-raising, education and supervision policies for the prevention of sexual harassment, establishes obligations for the employer in the event of a complaint, provides for measures to protect victims and witnesses against reprisals in the wake of the complaint (section 12) and lays down penalties. The Labour and Social Security Inspectorate-General (IGTSS) is the competent body in the public and private spheres for monitoring compliance with the Law. The Government adds that various activities, including for ministry officials, public enterprises and departmental supervisory bodies, have been undertaken by the Tripartite Commission on Equality of Opportunity and Treatment in Employment (CTIOTE) and by the National Institute for Women, to raise awareness and disseminate the Law and materials for dissemination have been produced. The Committee requests the Government to provide information on the practical application and impact of Act No. 18561 concerning sexual harassment, the number of complaints filed on the basis of the Act and the outcomes thereof.

Article 1(1)(b). Other legislative measures. Persons with disabilities. The Committee notes with interest the adoption of Act No. 18651 of 19 February 2010, which establishes a comprehensive protection system for persons with disabilities aimed, inter alia, at ensuring their occupational reintegration and at avoiding exploitation and discriminatory, abusive or degrading treatment. The Act also provides that the State will provide assistance in vocational training to persons with disabilities and will provide incentives for bodies that employ them. In addition, the State, government departments, autonomous entities, decentralized services and non-State associations are obliged to fill at least 4 per cent of vacancies with persons with disabilities who meet aptitude criteria for the posts concerned. The Committee requests the Government to send information, including statistics, on the impact of Act No. 18651 in practice.

Part III of the report form. Complaint procedures. In its previous observations, the Committee referred to the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the need to establish flexible complaint mechanisms to resolve disputes involving discrimination at work. The Committee asked the Government to provide an assessment of the operation of existing complaint procedures within the IGTSS, indicating whether these procedures provide for the reversal of the burden of proof and protection against reprisals. The Committee observes that the Government’s report does not contain any information in this respect. The Committee therefore again requests the Government to undertake an assessment of the operation of existing complaint procedures within the IGTSS, indicating whether these procedures provide for a reversal of the burden of proof and protection against reprisals, and to continue to provide information on the complaints of discrimination lodged and the outcome thereof.

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