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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Uruguay (Ratification: 1954)

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 on issues dealt with in this observation.

The Committee also notes the observations of the IOE received on 1 September 2015, which are of a general nature.

Article 3 of the Convention. Occupation of the workplace and the right of the management of the enterprise to enter the workplace in the context of a labour dispute. In its report, the Government indicates that occupation of the workplace, in accordance with the views of the Committee on Freedom of Association and the Committee, is an element of the right to strike, in so far as it is carried out peacefully. The Government emphasizes that, in the event of a conflict with the rights of the non-striking workers or the management of the enterprise, the judiciary operates under the residual jurisdiction of the civil courts, which have developed majority case law establishing prompt protection of the right to work by means of amparo procedures, which go beyond the views of the ILO supervisory bodies, and authorize not only entry into the workplace, but also its evacuation. The Government indicates that in March 2015, shortly after having taken up office, it concluded an agreement with the representatives of the workers (Inter-Trade Union Assembly – Workers’ National Convention (PIT–CNT)) and of the employers (the CNCS and the CIU) with the objective of engaging in constructive dialogue on the issues raised in the report of the Committee on Freedom of Association in Case No. 2699, particularly regarding Act No. 18566 on collective bargaining. The Government indicates that, at the proposal of the employers’ organizations, the issue of the occupation of workplaces will also be discussed. The Committee notes with interest this tripartite agreement and the dialogue process initiated on that occasion. The Committee notes that in their observations the IOE, CIU and CNCS indicate that, even though two meetings have been held as follow-up to this tripartite agreement, and they are awaiting the outcome of these negotiations, no progress was made and the violation of fundamental labour standards continues. The Committee also notes the Government’s request to the ILO for the assistance of an expert in the work planned in tripartite settings over the coming months.

The Committee welcomes the tripartite agreement signed between the Government and the social partners in March 2015 and firmly hopes that it marks the beginning of a fruitful tripartite dialogue process in which, taking into account the comments made by the Committee on Freedom of Association and this Committee on the issue of occupation of the workplace, concrete measures are taken to bring law and practice into full conformity with the Convention. 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 social dialogue and its results.