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

Uruguay

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1973)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1973)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) transmitted by the Government.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of labour inspectors in the area of undeclared work. The Committee previously noted the information provided by the Government on labour inclusion and formalization efforts, including through the extension of social security protection to certain workers. The Committee notes with interest the indications of the Government that in almost all cases where foreign workers were detected during labour inspections without the required documentation, they were subsequently registered with social security, and that where these workers had left the country, they were paid the outstanding benefits resulting from their employment relationship.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously noted that the posts of coordinators (persons responsible for organizing work teams of inspectors) are filled by direct appointment (and not by competition), and that these posts are not part of the public administration, nor do they have disciplinary authority. The Committee also noted the observations made by the Latin-American Confederation of Labour Inspectors (CIIT) that such appointments did not take account of the careers of inspectors of a higher rank. The Committee notes from the information provided in the 2016 annual report of the Ministry of Labour and Social Security that ten labour inspectors were promoted through competition to the function of coordinators. The Committee requests the Government to provide information on whether coordinators now have the status of public servants. It requests the Government to describe the different positions in the career structure of labour inspectors, as well as the prospects for promotion and stability of employment for labour inspectors.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training for labour inspection staff. The Committee notes the information provided by the Government in response to its previous request concerning the training of labour inspectors, including the subjects covered. It also notes that the PIT–CNT welcomes the continuous training of labour inspectors. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the training given to labour inspectors with respect to the performance of their duties in agriculture.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Role of labour inspection in agriculture with regard to safety and health. The Committee previously noted a reduction in the number of labour inspector positions from 147 in 2011 to 126 in 2013 (62 in the area of working conditions and 64 in the area of occupational safety and health (OSH)). In this respect, the Committee notes that the Government indicates, in response to the Committee’s previous request, that in 2016 there were approximately 120 labour inspectors (about 60 in the area of working conditions and about 60 in the area of OSH), but that new posts have been created since that time. The Committee also notes the observations made by the PIT–CNT noting a significant increase in the number of labour inspectors.

The Committee further notes the reference of the PIT–CNT to difficulties concerning the conduct of labour inspections in certain areas, including forestry, commerce and supermarkets, and the response time to complaints made by workers’ organizations. Moreover, according to the PIT–CNT, labour inspections in agriculture are not undertaken with sufficient frequency, and while Ministerial Decree No. 321/09 governs OSH in agriculture, there is insufficient monitoring to ensure its application in practice. The Committee notes the Government’s indication, in its report on the application of Convention No. 129, that the application of the abovementioned Decree is currently being discussed in a tripartite manner. The Committee requests the Government to specify the exact number of public servants performing labour inspection duties following the competitions held, including different titles or positions where applicable and to include this information in the annual labour inspection reports, as required by Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129. The Committee requests the Government to provide its comments regarding the observations made by the PIT–CNT on the insufficient frequency of labour inspections in agriculture, and to provide information on any measures taken following the tripartite discussions on the effective application in practice of Ministerial Decree No. 321/09.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Conditions of work of labour inspectors. The Committee previously noted the information concerning the improvement and expansion of the premises of inspection services, the purchase of furniture and equipment, as well as the computer equipment and transport equipment that was to be made available to labour inspectors. In this respect, the Committee also notes that the CIIT welcomes the improvement in the working conditions of labour inspectors, including equipment and transport facilities.

Articles 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection and effective application of legal provisions. The Committee notes the statistics contained in the Government’s report, in reply to the Committee’s previous request on the preventive and enforcement activities undertaken by the labour inspectorate, including the preventive closure of workplaces and infringements detected by economic sector. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes the statistical information provided in the Government’s reports concerning 2011 and 2015 (number of labour inspection visits, violations detected and total amount of penalties imposed). The Committee also notes that the 2016 annual report of the Ministry of Labour and Social Security (available on the Ministry’s website) contains a chapter on the activities of the labour inspection services, with similar information. The Committee notes the information in the Government’s report that a unified work register on enterprises and workers was established. The Committee also notes the detailed statistics on occupational accidents and diseases from 2014–16 in the report of the Ministry of Labour and Social Security entitled “Study on Labour and Social Security”. In view of the information available, the Committee requests the Government to regularly communicate to the ILO a report on the work of the labour inspection services, and to ensure that such reports contain information on all the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 3 and 6 of Convention No. 129. Functions of the labour inspection system in agriculture. The Committee notes the Government’s indication, in response to the Committee’s previous request, concerning the establishment of a rural unit to deal with the specific issues of rural workers.