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

Private Employment Agencies Convention, 1997 (No. 181) - Uruguay (Ratification: 2004)

Protection of workers covered by the Convention. With reference to its observation of 2010, the Committee notes the replies communicated in August 2012. The Government indicates that private employment agencies placed 3,442 persons in jobs in 2010 from a total of 41,643 jobseekers. The Committee again invites the Government to send in its next report the text of any court decisions interpreting the national legislation concerning the rights of workers in relation to company decentralization (Act No. 18099 of 2007, as amended by Act No. 18251 of 2008) so as to be able to examine the manner in which protection is secured to workers covered by the Convention (Part IV of the report form). It also invites the Government to provide up-to-date information on the number of workers protected by the Convention, the number and nature of reported infringements, and any other relevant information concerning the application of the Convention in practice (Part V of the report form).

Regulation of private employment agencies. Controls and penalties. The Government reiterates that the National Employment Directorate (DINAE) continues to administer the register of private employment agencies. DINAE coordinates with the general labour inspectorate in applying appropriate mechanisms and procedures in the event of any irregularities. The Committee notes that the draft decree implementing the Act which ratified Convention No. 181 is still being examined by the tripartite group on the application of international standards and has not yet been approved. The Committee refers to its observation of 2010 and hopes that the Government will be in a position to announce, in its next report, that the implementing decree has been approved so as to ensure that DINAE can effectively supervise the operation of companies that supply labour and also regulate services that are still provided by “former employment agencies” (Article 3). The Committee hopes that the Government will be able to describe in its next report the operation of adequate machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices relating to the activities of private employment agencies (Article 10). The Committee reiterates that DINAE and other competent public authorities (such as the labour inspectorate) should have sufficient resources to take remedial action to ensure the application of the relevant national legislation (Article 14).

Exceptions. The Government reiterates that the categories of workers and types of services in respect of which exceptions are authorized have not yet been determined since the implementing decree has not yet been approved. Should the exceptions provided for in Article 7(2) of the Convention be authorized, the Committee invites the Government to provide the relevant information and give the reasons for such authorization (Article 7(3)).

Migrant workers. In reply to previous comments, the Government refers to Act No. 18250 of January 2008 concerning migration. The Committee invites the Government to provide further information in its next report on the manner in which penalties are imposed on agencies covered by the Convention which engage in fraudulent practices or abuses (Article 8(1)). It also requests the Government to include information on labour agreements outside the MERCOSUR area in relation to the matters covered by the Convention (Article 8(2)).

Cooperation between public services and private agencies. Compilation and dissemination of information. The Government indicates that through the network of public employment centres (CePE) the profiles of applicants are sent to private employment agencies, the consent of the worker concerned being required in such cases. Agencies must send information on a quarterly basis. The Committee invites the Government to send further information in its next report on the implementation in practice of cooperation between the public employment service and private employment agencies.