Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Uruguay (Ratification: 1954)

The Committee notes two observations received in March and November 2013, in which the National Trade Union of Women Caregivers of Uruguay provides information on the work situation of women foster caregivers for abandoned children. The trade union indicates that, despite the fact that the women caregivers have an employment relationship with the Uruguayan State, as they provide services for the Institute for Children and Adolescents (INAU), a public organization in Uruguay, the State does not recognize the employment-related dimension of the relationship, ignoring a series of basic workers’ rights and arguing that the relationship linking the caregiver to the State is voluntary. The trade union emphasizes that, although the caregivers have no written employment contract, they are entitled to several work-related benefits, such as wages or remuneration, salary bonuses, seniority allowances, coverage by the health system and a taxable income for social security. However, other rights are not granted to them, such as annual paid leave, or insurance against industrial accidents or occupational diseases. The trade union’s main demand is therefore for a regularization of the work situation of women caregivers. The Committee notes the Government’s reply of 27 February 2015 in which it mentions that the foster caregivers are not public servants since they have not followed any of the legally established procedures for entrance into the public service and, owing to the type of tasks they perform, they are not part of a typical employment relationship. The Committee considers that, even if the women foster caregivers have no written contract with the INAU and have not followed any of the legally established procedures for entrance into the public service, there is a relatively stable link between the caregivers and the INAU through the provision of a temporary care service for children and adolescents in exchange for an economic contribution from the state organization. The Committee recalls that all workers must be able to form or join trade unions and to collectively negotiate the conditions in which they perform their work. In this connection, the Committee requests the Government, in consultation with the National Trade Union of Women Caregivers of Uruguay, to take the necessary measures to ensure that the rights of women caregivers are properly guaranteed under the Conventions relating to trade union rights ratified by Uruguay.

In addition, the Committee notes the observations of the International Organisation of Employers (IOE), the Chamber of Industries of Uruguay (CIU) and the National Chamber of Commerce and Services of Uruguay (CNCS) received on 1 September and 1 December 2015 relating primarily to Act No. 18566 (Act establishing the fundamental rights and principles of the collective bargaining system of September 2009). The employers’ organizations recall in particular that, within the framework of Case No. 2699, the Committee on Freedom of Association requested the Government, in consultation with the most representative organizations of workers and employers, to take measures to amend the Act in question to ensure its full conformity with the principles of collective bargaining and the relevant Conventions ratified by Uruguay. The employers’ organizations recall that, no legislative amendment has been made, but indicate that in March 2015 and on the new Government’s initiative, a tripartite agreement was signed between the Ministry of Labour and Social Security and the workers’ representatives (Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT)) and employers’ representatives (CNCS and CIU) aimed at initiating a tripartite dialogue to overcome differences regarding Act No. 18566. The IOE, the CIU and the CNCS also state that even though two tripartite meetings have been held and they are awaiting the results of the negotiations, no progress was made and the violation of fundamental labour standards continues.

Article 4 of the Convention. Collective bargaining. With regard to the observations of the employers’ organizations, the Committee recalls that in its previous comments it noted with interest the Government’s decision to forward to National Parliament a bill to amend Act No. 18566. The Committee notes the Government’s indication that: (i) on 4 March 2013, the executive power brought before National Parliament a bill introducing amendments to Act No. 18566 on collective bargaining but eventually the bill was not addressed by Parliament; (ii) in March 2015, only days after taking up its functions, the new Government signed an agreement with the workers’ representatives (PIT–CNT) and employers’ representatives (CNCS and CIU) aimed at initiating a constructive dialogue to overcome the differences regarding Act No. 18566; (iii) in the agreement the Government undertook to draw up a new bill to amend Act No. 18566; (iv) as follow-up to the agreement, tripartite meetings were held in which it was agreed that the main issues to be resolved are those mentioned in the report of the Committee on Freedom of Association on Case No. 2699; and (v) the Government proposed the participation of an external consultant who held various meetings with representatives of the social partners to gather their opinions on the possible alternatives that could be presented as a result of his or her work. The Committee notes with interest the tripartite agreement and the dialogue process which was initiated as a result thereof. The Committee also notes that the Government makes reference to a request for ILO technical assistance to support the work planned in a tripartite context over the coming months. Lastly, the Committee notes the information provided by the Government in relation to the matters raised in the Higher Tripartite Council meetings and the current status of collective bargaining in the wage councils.

The Committee welcomes the tripartite agreement concluded in March 2015 and firmly hopes that it will mark the beginning of a fruitful tripartite dialogue process in which, taking into account the comments made by the Committee on Freedom of Association and the present Committee, concrete measures will be taken to bring the law and the practice into full conformity with the Convention. The Committee emphasizes the importance that the parties concerned reach an agreement on the pending issues as soon as possible, as it is essential that the rules governing employment relationships are supported by the social partners. Noting with concern that the employers’ organizations indicate that no progress was made since the signature of the tripartite agreement, the Committee requests the Government to provide detailed information on the development of the tripartite dialogue process undertaken with respect to Act No. 18566 on collective bargaining and on the bill being drawn up in this regard.