Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Uruguay (Ratification: 1954)

Article 4 of the Convention. Partial payment of wages in kind. The Committee recalls its previous comment in which it requested the Government to specify the legal provisions that give effect to this Article of the Convention. In its latest report, the Government refers to Act No. 10.449 of 12 November 1943 on the minimum wage, and Act No. 17.829 of 18 September 2004 on deductions from wages. These, however, do not regulate the conditions under which and the limits within which in-kind payments may be authorized.

In this regard, the Committee wishes to recall that Article 4 of the Convention is not a “self-executing” provision and requires therefore specific implementing measures to ensure that any allowances in kind which may be provided in partial settlement of the wages due: (i) do not unreasonably limit the portion of the wages received in cash; (ii) are practically useful and suited to the needs of the worker and his/her family; and (iii) are attributed a fair and reasonable value. The Committee draws the Government’s attention to paragraphs 114–160 of its 2003 General Survey on the protection of wages in which it highlighted possible ways of ensuring legislative conformity with these requirements (e.g. the cash value of allowances in kind not to exceed a specific percentage of the total amount of wages, allowances in kind limited to housing, food and clothing, or allowances to be valued at cost price). The Committee accordingly requests the Government to take appropriate measures to ensure that full effect is given to the requirements of this Article of the Convention. The Committee also requests the Government to provide copies of collective agreements containing clauses on the partial payment of wages in kind.

Article 6. Freedom of workers to dispose of their wages. The Committee notes the Government’s reference to Act No. 3.299 on the protection of wages and Act No. 108/007 of 22 March 2007 on work supervision documents. These, however, do not address specifically the question of protecting the full discretion of workers as to the use they wish to make of their wages against any coercion that an employer might apply in this regard. The Committee wishes to refer, in this connection, to paragraph 210 of the abovementioned General Survey in which it noted that nothing short of an explicit legislative provision setting forth a general prohibition upon employers from limiting the freedom of workers to dispose of their wages in any form and manner, directly or indirectly, and not simply in respect of the use of company stores, can be regarded as giving full effect to the requirements of the Convention. Other legislative measures, such as the exhaustive enumeration of authorized deductions, combined with an explicit provision to the effect that any deductions other than those expressly permitted by law are unlawful and without effect, may give only partial effect to the obligation laid down in this Article of the Convention. The Committee again requests the Government to take steps to ensure that the national legislation gives full effect to Article 6 of the Convention.

Article 7. Works stores. The Committee again requests the Government to transmit copies of collective agreements regulating the establishment and operation of works stores.

Article 13. Time and place of payment of wages. In the absence of any new information on this point, the Committee again requests the Government to take appropriate action to ensure that the national legislation expressly requires that the payment of wages, where made in cash, be made on working days only and at or near the workplace, as prescribed by this Article of the Convention.