Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Uruguay (Ratification: 1973)

The Committee refers to its comments relating to the Labour Inspection Convention, 1947 (No. 81), in so far as they also concern the application of the present Convention.

The Committee notes the Government’s report, the observations from the Latin American Confederation of Labour Inspectors (CIIT), dated 14 November 2012, and the Government’s reply thereto, dated 15 March 2013.

Articles 3 and 6 of the Convention. Functions of the labour inspection system in agriculture. According to the CIIT, the Government has announced in the media and through a press conference the setting up of a rural unit to deal with the specific issues of rural workers with regard to labour, employment and social security, with a view to ensuring observance of the rights and obligations deriving from the legislation in force. The first task of the unit will be to organize an awareness-raising campaign on the rights and obligations of rural workers. The CIIT considers that the duties to be performed by this unit will overlap with, or replace, those to be performed by labour inspectors.

The Government expresses surprise at the CIIT’s comments since it claims that issues relating to this unit have been the subject of discussions with the Uruguayan Association of Labour Inspectors (AITU). It explains that the duties of this unit will not overlap with, or replace, the areas of competence and work of the various operational units of the Ministry of Labour but, on the contrary, will be incorporated into the labour inspectorate. No decision has been taken and no measure has been implemented implying any replacement of, or operation alongside, labour inspection duties. According to the Government, this is a sphere of coordination aimed at achieving institutional synergies to ensure observance of the rights of workers. The Committee requests the Government to send detailed information on this project, including, if applicable, any document relating to the new rural unit, its tasks and its mode of operation in relation to the various units within the structure of the Ministry of Labour. The Government is also requested to supply information on the impact of these activities on achieving the objectives of the Convention.

Articles 6(1)(a) and (b), 17, 18 and 19. Role of labour inspection in agriculture with regard to safety and health. In reply to the Committee’s previous comments on occupational accidents in agriculture, the Government states that dissemination of the legislation, particularly Decree No. 321/2009, and awareness raising for workers in the sector, are implemented through periodic visits during which leaflets and copies of the legal provisions are distributed, and also through the promotion of social dialogue. The Government also explains that daily inspections take place in the sector with a view to reducing the number of accidents and enforcing the legislation. While duly noting this information, the Committee again requests the Government to ensure that measures are taken quickly by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee also requests the Government to keep the ILO informed of any new developments in this regard and to send copies of any relevant legislative text, once it has been adopted.

The Committee further requests the Government to include statistical information in its next report on any measures taken in accordance with Article 18 of the Convention, and on any infringements reported by labour inspectors in agriculture (specifying the relevant legislative provisions) and the penalties imposed.

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