Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1 of the Convention. Sexual harassment. With regard to the application of Act No. 18561 on sexual harassment and its impact in practice, the Committee notes the full information provided by the Government on the training and awareness-raising measures undertaken in the public administration, the dissemination and advisory activities carried out by the National Women’s Institute (INMUJERES) and the implementation by the National Employment and Vocational Training Institute (INEFOP) of a pilot project for the training of human resources personnel, managers, supervisors and trade union representatives on sexual harassment with the objective of developing a course intended for private enterprises. The Government indicates that the issue of sexual harassment is also included in internal work rules, the agenda of bipartite safety and health commissions and trade union activities. Furthermore, ministries, State enterprises and public bodies have formulated protocols for the treatment of complaints of sexual harassment. The Government also provides information on the complaints lodged with the labour inspectorate between 2010 and 2013, including in the rural and domestic sectors. It reports that their number has progressively increased as a result of the improved access of workers to information and advisory services. The Committee requests the Government to continue providing information on the awareness-raising and training activities on sexual harassment carried out in the public and private sectors. The Committee also requests the Government to provide information on the number of complaints lodged with the administrative and judicial authorities concerning sexual harassment, the penalties imposed and the compensation granted.

Article 2. Access of women to employment. The Committee notes that, according to the evaluation report of the first Plan on Equality of Opportunities and Rights (PIODNA 2007–11), the participation rate of women in employment increased from 41.4 per cent in 1986 to 53.7 per cent in 2010. Nevertheless, the gap between the participation rates of men and women continues to be around 20 per cent. The Committee notes that, according to the above report, activities have been carried out to promote the recruitment of women by enterprises, including in non-traditional sectors, production projects have been facilitated and greater visibility has been given to the contribution of women to the national economy. Nevertheless, the Committee observes that the report does not contain statistical data. However, according to the gender statistics compiled by INMUJERES, horizontal and vertical segregation is prevalent (50.6 per cent of all women work in social services, 10.4 per cent in education and 16 per cent in domestic work (between 15 and 25 per cent, depending on the department)), despite the fact that 62 per cent of women have university qualifications. The Committee requests the Government to continue taking measures to address occupational segregation between men and women and to increase the participation of women in a broad range of jobs, including in non-traditional sectors. The Committee requests the Government to evaluate the effectiveness of such measures and to provide information, including statistics on this subject.

Domestic work. The Committee notes the conclusion in April 2013 of a new collective agreement for the domestic work sector covering the period 2013–15. The Committee also notes that in 2012 the participation rate of domestic workers in the social security system was 43.5 per cent. Moreover, the Committee notes the inspections carried out by the labour inspection services and their activities to disseminate information on rights and duties relating to domestic work, and the coordination between the inspection services and other State bodies dealing with migrant workers. The Committee notes the ratification on 14 June 2012 of the Domestic Workers Convention, 2011 (No. 189), and refers to its comments in relation to the application of that Convention.

Persons of African descent. The Committee notes the study “Inequalities of the population of African descent from the gender perspective” prepared, among others, by the Ministry of Social Development and INMUJERES, which found that 8.1 per cent of the population identified itself as being of African descent. According to the study, although the participation rate of women of African descent is greater than that of women who are not of African descent (57 per cent and 53 per cent, respectively), unemployment is also greater in that category of the population (12 per cent, compared with 8 per cent). The Committee also notes Act No. 19122 respecting provisions to promote the participation of persons of African descent in education and employment, of August 2013, which promotes the implementation of affirmative action measures in the public and private sectors and provides that 8 per cent of jobs in State authorities and Government departments, and in the skills and training programmes implemented by the INEFOP, shall be taken by persons of African descent. The Committee requests the Government to provide information on the impact of the affirmative action measures adopted in the public and private sectors within the framework of Act No. 19122 on the labour market participation of men and women of African descent, and on the application in practice of the 8 per cent quota for jobs in the public sector and training activities.

Persons with disabilities. The Committee notes the information provided by the Government concerning the training activities conducted by INEFOP and the measures of the National Disability Programme (PRONADIS) to improve the physical accessibility and information provided to persons with disabilities. The Committee requests the Government to provide information on the application of Act No. 18651 in practice, particularly with regard to the access of persons with disabilities to employment, job retention and the obstacles encountered, particularly under section 51(h) respecting the necessary adaptations for the appropriate performance of work by persons with disabilities.

Part III of the report form. Complaint procedures. The Committee referred in previous comments to the need for greater information on existing machinery to deal with complaints concerning discrimination at work, and particularly on protection against reprisals and the reversal of the burden of proof. The Committee notes the statistical information provided by the Government concerning complaints of discrimination on various grounds examined by the labour inspection services. The Government adds that inspections are carried out without divulging the identity of the authors of complaints and of witnesses, and that in the event of reprisals the provisions contained in Act No. 18561 on sexual harassment are applied by analogy. The Committee requests the Government to continue providing information on the complaints lodged with the labour inspection services and the judicial authorities concerning discrimination, the action taken, and the penalties imposed and the compensation granted. The Committee also requests the Government to indicate whether legal procedures in cases of discrimination provide for the reversal of the burden of proof.