Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Uruguay (Ratification: 1977)

In its previous comments, the Committee noted the observations of the National Trade Union of Women Caregivers of Uruguay relating to the failure to recognize the entitlement to annual holiday with pay of family carers working for the National Institute for Children and Young Persons (INAU). The union alleged that, although carers have an employment relationship with the INAU, the Government of Uruguay does not recognize it as such or the rights that derive from it. The Committee notes the Government’s indication in its reply that, given the nature of the work performed by the women carers and the existence of a different legal status, it is not possible to characterize this relationship in law as an employment relationship. The Government also indicates that the benefits that the women carers receive, which are calculated in accordance with the needs of the minors in their care, do not constitute wages. Lastly, the Government indicates that Ruling No. 437 of 2012 of the Supreme Court of Justice set aside the claim submitted by the women carers in relation to the existence of legal subordination and an employment relationship between the parties. The Committee notes this information.

Articles 6(1) and 7(2) of the Convention. Public holidays not to be counted as part of the annual holiday. Payment in advance of the annual holiday. The Committee has been commenting for several years on the need to adopt legislative measures to ensure that public and customary holidays are not counted as part of the annual holiday with pay (Article 6(1)) and also that the remuneration due to public servants in respect of annual holidays is paid in advance of the holiday (Article 7(2)). The Committee requests the Government to provide information on the measures adopted or envisaged to bring the national legislation into conformity with the Convention on these points.