Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Uruguay (Ratification: 1989)

Article 3 of the Convention. National policy. In its previous comments, the Committee requested the Government to provide information on the implementation of the national care system and its impact on the application of the Convention, as well as on any other measures deemed necessary to achieve the full implementation of the Convention and the action taken for that purpose. In this regard, the Committee notes the Government’s indication in its report that on 27 November 2015, Act No. 19353 was adopted establishing the Comprehensive National Care System (SNIC), with the objective of promoting a model of comprehensive care services based on articulated policies, integral programmes and promotional action, with a view to providing assistance and care to persons in a situation of dependency. The Committee observes that: (1) under the terms of section 8 of the Act, persons in a situation of dependency are considered to be those requiring specific support to carry out their activities and meet the basic needs of daily life. The definition includes boys and girls up to the age of 12 years and persons with disabilities, as well as persons over 65 years of age who cannot independently undertake their activities and meet the basic needs of daily life; (2) the SNIC will be composed of the National Care Board, composed of various ministries, including the Ministries of Social Development, Education and Culture, Labour and Social Security, the National Care Secretariat and the Care Advisory Committee, which includes delegates of the Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT), organized civil society through representative organizations active in the area covered by the Act, the specialized academic sector and private entities providing care services. The Committee further notes the National Care Plan (2016–20) adopted in December 2015, the objectives of which include increasing the coverage and improving the quality of care services for infants and improving care for the elderly and persons with disabilities who are in a situation of dependency. The Committee particularly notes that the Plan envisages the following action: (i) the extension of the current coverage of the Child and Family Care Centres (CAIF) Plan and the infant day centres of the Uruguayan Institute for Children and Young Persons (INAU); (ii) the establishment of additional centres in agreement with unions and/or enterprises; (iii) the extension of the programme of socio educational inclusion grants (BIS) for families which are not able to find availability in public services, and may therefore send their children to a private child centre; (iv) the implementation of the programme of personal assistance for persons in a situation of severe dependency, including both persons over 64 years of age and persons with disabilities; (v) the implementation of the programme of continuous care support, which consists of a cash transfer to cover the cost of the entry of an elderly person into a private continuous care centre; and (vi) the establishment of day centres in urban and rural areas for elderly persons in a situation of slight or moderate dependency. The Government indicates that the care subsidies and the action to alleviate the care burden of those who are normally principal carers are intended to give these persons opportunities in practice for their full development as workers. The Committee requests the Government to provide information on the impact of the SNIC on the access to employment of men and women workers with family responsibilities and the reduction in the unemployment rate of such workers, including information on workers in rural areas and the informal economy. Please also continue to provide information on the implementation of any other plan or programme intended to enable persons with family responsibilities to engage in employment without discrimination, and the results achieved.

Article 4(b). Equality in relation to terms and conditions of employment. The Committee refers to its previous comments in which it noted the various initiatives carried out by the Government with a view to facilitating the reconciliation of work and family responsibilities, including the establishment of rooms for nursing infants in public and private enterprises within the framework of the programme Quality with Gender Equality. The Committee notes the Government’s indication that public enterprises which participate in the programme have infant nursing rooms in various premises and promote them as spaces for both mothers and fathers. The Committee also notes the adoption of Act No. 19161, of 1 November 2013, modifying the maternity grant and establishing the paternity grant and the allowance for the care of newborn children, which increases maternity leave by two weeks, extends paternity leave by ten days as from 1 January 2016 and includes a subsidy for parental half-time working until the baby reaches the age of six months for men and women private sector employees, self-employed workers and monotributistas (workers registered in the simplified scheme for small contributors). The Committee further notes that the Tripartite Commission for Equality of Opportunities and Treatment in Employment of the Ministry of Labour and Social Security (CTIOTE) has indicated its readiness to the competent authorities to collaborate in the formulation of a legal provision to establish the same maternity leave for women public employees (13 weeks) as for women workers in the private sector (14 weeks). The Committee further notes that, in its concluding observations, the United Nations Committee for the Elimination of Discrimination against Women (CEDAW) expressed concern at the low percentage of men exercising their paternity leave, notwithstanding the legislation that provides for paternity leave entitlements in all sectors of employment (CEDAW/C/URY/CO/8-9, 25 July 2016, paragraph 33). The Committee requests the Government to continue providing information on other specific measures, compatible with national conditions and possibilities, adopted to take into account the needs of men and women workers with family responsibilities, such as measures for more flexible hours of work, part-time work, homework or leave to care for members of the immediate family who require the care or support of the worker, including statistical data, disaggregated by sex, on the number of workers who avail themselves of these rights. Please also provide information on any progress in the formulation of measures to bring the maternity leave for public employees to the same level as that of private sector workers.

Article 5. Assistance services for the care of young children and other family members. In addition to the information on the SNIC referred to above, the Committee notes the Government’s indication that the CTIOTE is monitoring progress in the establishment of care centres for infants resulting from agreements concluded by workers and employers through collective bargaining. The Committee also notes that, under the National Care Plan (2016–20), during the 2010–15 five-year period, the CAIF Plan grew by almost 40 per cent and the number of centres rose from the 300 existing in 2010 to 420 by the end of 2014, thereby enabling the CAIF Plan to provide care for almost 51,000 boys and girls between the ages of 0 and 3 years. The Committee further notes that, in accordance with the National Care Plan, permanent care centres provide care for 2.5 per cent of the population aged 65 and above. The Committee takes due note of the information provided and requests the Government to continue providing information on the implementation of measures for the provision of care for infants and family members, including statistical data on the number of beneficiaries and the ratio between existing places and demand, particularly in rural areas.

Article 6. Awareness-raising measures. The Committee notes the information provided by the Government concerning the action on social co responsibility undertaken within the framework of the Quality with Gender Equality programme with a view to improving the distribution of unpaid work between men and women, including awareness-raising campaigns on paternal responsibility and greater visibility for the importance of care. The Committee further notes that, in its concluding observations, CEDAW expressed concern at the persistence of patriarchal attitudes and discriminatory stereotypes about the roles and responsibilities of women and men in the family and in society, which perpetuate violence and discrimination against women in areas such as education, employment and health (CEDAW/C/URY/CO/8-9, 25 July 2016, paragraph 17). The Committee requests the Government to continue taking proactive information and education measures which engender broader understanding by workers, employers and their organizations and by the public in general of the needs of workers with family responsibilities and encourage parents to avail themselves of their rights. The Committee also requests the Government to continue sending information on this subject.

Article 11. Participation of workers’ and employers’ organizations. The Committee notes the Government’s indication that in 2015 the CTIOTE submitted to the Higher Tripartite Council an agreed provision explicitly referring to the inclusion of the principles of the Convention with a view to its consideration during the future collective bargaining rounds of wage boards. It also notes that, according to the Government’s report, care centres have been established for infants through collective bargaining agreements concluded by workers and employers. The Committee requests the Government to indicate whether the principles of the Convention were included in the collective bargaining rounds of wage boards, as proposed by the CTIOTE. The Committee also requests the Government to continue providing information on measures to give effect to the provisions of the Convention adopted in collaboration with employers’ and workers’ organizations, and their impact.