Private Employment Agencies Convention, 1997 (No. 181) - Uruguay (Ratification: 2004)

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

Articles 3, 10 and 14 of the Convention. Regulation of private employment agencies. In the comments that it has been making since 2006, the Committee has been requesting the Government to provide information on the approval of the regulations that are needed to ensure that the National Employment Directorate (DINAE) is in a position to supervise private employment agencies, as required by the Convention. The Committee notes the draft decree adopting regulations for the implementation of Convention No. 181, which was sent by the Government in November 2015. The Government states that the aforementioned draft decree is still being drawn up, further to the conclusion of an agreement in the Tripartite Group on International Standards. The Committee notes that the draft decree covers most of the provisions of the Convention. The Committee reiterates that the DINAE and other competent public authorities (such as the labour inspectorate) should have sufficient resources to take remedial action to ensure the application of the relevant national legislation. The Committee requests the Government to take the relevant measures to adopt the decree for the implementation of the Convention and to provide a copy of the regulations, once they have been adopted.

Article 7(3). Exceptions. Should the exceptions provided for in Article 7(2) of the Convention be authorized, the Committee requests the Government to provide the relevant information.

Article 8. Migrant workers. The Committee refers to its previous comments and requests the Government to provide information on the manner in which penalties are imposed on agencies covered by the Convention which engage in fraudulent practices or abuses. The Committee also requests the Government to include information on labour agreements outside the Common Market of the Southern Cone (MERCOSUR) area relating to the matters covered by the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. Compilation and dissemination of information. The Committee requests the Government to provide detailed information on the implementation in practice of cooperation between the public employment service and private employment agencies.

Application of the Convention in practice. The Committee again requests the Government to communicate the text of any court decisions interpreting the national legislation concerning the rights of workers in relation to company decentralization (Act No. 18099 of 2007, as amended by Act No. 18251 of 2008), so as to be able to examine the manner in which protection is secured to workers covered by the Convention. The Committee also requests the Government to provide up-to-date information on the number of workers protected by the Convention, the number and nature of reported infringements, and any other relevant information concerning the application of the Convention in practice.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous comments.

Repetition

Articles 3, 10 and 14 of the Convention. Regulation of private employment agencies. Controls and penalties. The Committee refers to its previous observations and asks the Government to indicate if the implementing decree has been approved so as to ensure that National Employment Directorate (DINAE) can effectively supervise the operation of companies that supply labour and also regulate services that are still provided by “former employment agencies”. The Committee invites the Government to describe the operation of adequate machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices relating to the activities of private employment agencies. The Committee reiterates that DINAE and other competent public authorities (such as the labour inspectorate) should have sufficient resources to take remedial action to ensure the application of the relevant national legislation.

Article 7. Exceptions. Should the exceptions provided for in Article 7(2) of the Convention be authorized, the Committee invites the Government to provide the relevant information and give the reasons for such authorization (Article 7(3)).

Article 8. Migrant workers. In reply to previous comments, the Government referred to Act No. 18250 of January 2008 concerning migration. The Committee invites the Government to provide further information in its next report on the manner in which penalties are imposed on agencies covered by the Convention which engage in fraudulent practices or abuses. It also requests the Government to include information on labour agreements outside the MERCOSUR area in relation to the matters covered by the Convention.

Article 13. Cooperation between public services and private agencies. Compilation and dissemination of information. The Government indicates that through the network of public employment centres (CePE) the profiles of applicants are sent to private employment agencies, the consent of the worker concerned being required in such cases. Agencies must send information on a quarterly basis. The Committee invites the Government to provide further information on the implementation in practice of cooperation between the public employment service and private employment agencies.

Parts IV and V of the report form. Protection of workers covered by the Convention. The Committee again invites the Government to communicate the text of any court decisions interpreting the national legislation concerning the rights of workers in relation to company decentralization (Act No. 18099 of 2007, as amended by Act No. 18251 of 2008) so as to be able to examine the manner in which protection is secured to workers covered by the Convention. It also invites the Government to provide up-to-date information on the number of workers protected by the Convention, the number and nature of reported infringements, and any other relevant information concerning the application of the Convention in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of workers covered by the Convention. With reference to its observation of 2010, the Committee notes the replies communicated in August 2012. The Government indicates that private employment agencies placed 3,442 persons in jobs in 2010 from a total of 41,643 jobseekers. The Committee again invites the Government to send in its next report the text of any court decisions interpreting the national legislation concerning the rights of workers in relation to company decentralization (Act No. 18099 of 2007, as amended by Act No. 18251 of 2008) so as to be able to examine the manner in which protection is secured to workers covered by the Convention (Part IV of the report form). It also invites the Government to provide up-to-date information on the number of workers protected by the Convention, the number and nature of reported infringements, and any other relevant information concerning the application of the Convention in practice (Part V of the report form).

Regulation of private employment agencies. Controls and penalties. The Government reiterates that the National Employment Directorate (DINAE) continues to administer the register of private employment agencies. DINAE coordinates with the general labour inspectorate in applying appropriate mechanisms and procedures in the event of any irregularities. The Committee notes that the draft decree implementing the Act which ratified Convention No. 181 is still being examined by the tripartite group on the application of international standards and has not yet been approved. The Committee refers to its observation of 2010 and hopes that the Government will be in a position to announce, in its next report, that the implementing decree has been approved so as to ensure that DINAE can effectively supervise the operation of companies that supply labour and also regulate services that are still provided by “former employment agencies” (Article 3). The Committee hopes that the Government will be able to describe in its next report the operation of adequate machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices relating to the activities of private employment agencies (Article 10). The Committee reiterates that DINAE and other competent public authorities (such as the labour inspectorate) should have sufficient resources to take remedial action to ensure the application of the relevant national legislation (Article 14).

Exceptions. The Government reiterates that the categories of workers and types of services in respect of which exceptions are authorized have not yet been determined since the implementing decree has not yet been approved. Should the exceptions provided for in Article 7(2) of the Convention be authorized, the Committee invites the Government to provide the relevant information and give the reasons for such authorization (Article 7(3)).

Migrant workers. In reply to previous comments, the Government refers to Act No. 18250 of January 2008 concerning migration. The Committee invites the Government to provide further information in its next report on the manner in which penalties are imposed on agencies covered by the Convention which engage in fraudulent practices or abuses (Article 8(1)). It also requests the Government to include information on labour agreements outside the MERCOSUR area in relation to the matters covered by the Convention (Article 8(2)).

Cooperation between public services and private agencies. Compilation and dissemination of information. The Government indicates that through the network of public employment centres (CePE) the profiles of applicants are sent to private employment agencies, the consent of the worker concerned being required in such cases. Agencies must send information on a quarterly basis. The Committee invites the Government to send further information in its next report on the implementation in practice of cooperation between the public employment service and private employment agencies.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Protection of workers covered by the Convention. With reference to the comments made in 2006 and 2007, the Committee notes the Government’s detailed report for the period ending in May 2009. The Government refers to the provisions of Act No. 18.099 of January 2007 establishing standards for the protection of the rights of workers in relation to company decentralization, as amended by Act No. 18251 of January 2008. The Committee notes with interest that section 7 of Act No. 18251 defines the joint responsibility shared by subcontractors, intermediaries and labour providers regarding labour obligations towards contracted workers. Labour obligations are those concerning the employment relationship which derive from ratified international conventions, laws, decrees, awards, decisions on wage agreements or registered collective agreements, or from information contained in the staff register. The report also refers to provisions of the collective agreement for enterprises that supply labour for work in green areas, call centres, shopping centres and IT companies, which came into force at national level by means of Decree No. 707/008 of 22 December 2008. The Committee notes with interest provisions 17 and 18 of the collective agreement signed in November 2008 which urge the parties to adhere to the gender mainstreaming established in various national legal texts, in Conventions Nos 100, 111 and 156, and in the Mercosur Social and Labour Declaration. Labour supply companies have undertaken to promote gender equality in all employment relationships. To this end, they undertake to respect the principle of non-discrimination at the time of fixing wages, arranging promotions or assigning tasks (Article 5 of the Convention). Furthermore, the Committee notes the new approach included in provision 21 of the collective agreement, in which the parties declare that the supply of workers through companies registered with the National Employment Directorate (DINAE) constitutes a means of combating informal employment as well as contributing to decent work. The Committee requests the Government to send in its next report the text of any court decisions interpreting Act No. 18251 and ensuring the effective protection that must be afforded to workers covered by Convention No. 181 (Part IV of the report form). The Committee also requests the Government to supply information on the number of workers protected by the Convention, the number and nature of infringements recorded and any other relevant information on the practical application of the Convention (Part V of the report form).

Regulation of private employment agencies. Controls and penalties. The Committee notes that, by means of section 343 of Act No. 18362 of October 2008, new duties were assigned to DINAE giving it the power to register, authorize, keep information on and control private employment agencies. The Government indicates that, even though the employers and workers have been consulted, the decree implementing section 343 of Act No. 18362 has not yet been approved. DINAE is therefore in the process of restructuring in order to implement the assigned duties. The Committee hopes that the Government will be in a position in its next report to announce that an implementing decree has been approved ensuring that DINAE can effectively supervise the operation of companies that supply labour and also regulate the services that are still provided by former employment agencies (Article 3). The Government recognizes in its report that in practice there are problems of supervision when an agency that has been penalized closes down and the persons involved set up a new company which applies to DINAE to receive new authorization. The Committee therefore hopes that steps will be taken to ensure that adequate machinery and procedures exist for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies (Article 10). DINAE and other competent public authorities (such as the labour inspectorate) should have sufficient resources to take remedial action to ensure the application of the relevant national legislation (Article 14).

Exceptions. The Government points out that the categories of workers and types of services in respect of which exceptions are authorized have not yet been determined in view of the fact that the implementing decree has not yet been approved. Should the exceptions provided for in Article 7(2) of the Convention be authorized, the Committee requests the Government to provide the relevant information and give the reasons therefor (Article 7(3)).

Migrant workers. The Committee notes the general legislation that ensures the right to work and equality of treatment of migrant workers. The Government also mentions the agreement against the illegal traffic in migrants between the Mercosur States Bolivia and Chile, signed in Belo Horizonte on 16 December 2004. The Committee requests the Government to provide further information in its next report on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses (Article 8(1)). The Committee also requests the Government to include information on labour agreements outside the Mercosur area in relation to the matters covered by the Convention (Article 8(2)).

Cooperation between public services and private agencies. Compilation and dissemination of information. The Committee hopes that the Government will include information in its next report on the progress made in ensuring cooperation between the public employment service and private employment agencies (Article 13(1)). It also requests the Government to provide examples of the information communicated by private employment agencies to the competent authorities and information on the operation of private employment agencies which is made publicly available (Article 13(3) and (4)).

[The Government is asked to reply in detail to the present comments in 2012.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Legal regime governing private employment agencies. The Committee notes that in the reply of the Government to the direct request of 2006, the Government has recalled that a special commission was in operation until August 2004 and had prepared draft regulations for Convention No. 181. It has also said that the draft regulations were submitted for technical analysis before being presented for consideration by the Tripartite International Standards Group. While the Government recalls that the mere ratification of Convention No. 181 implies its integration into the national legal system as a law, nevertheless it recognizes that enforceable regulations are necessary to ensure the effective supervision and control of private employment agencies. The Government indicates that, although information is gathered for statistical purposes, there is no law which compels private employment agencies to be authorized nor does it make the obtaining of licences mandatory. Agencies which voluntarily apply for authorization must follow the prescribed procedure for the grant of authorization. The Committee notes the Government’s assertion that it will provide as soon as possible the updated text of the draft Decree regarding private employment agencies. The Committee also notes that in the observations received from the Inter-Union Assembly of Workers–National Convention of Workers (PIT–CNT), serious deficiencies have been alleged in the monitoring of private employment agencies, particularly with regard to workers experiencing difficulties in being paid their wages and in performing work under satisfactory conditions. In the view of the PIT–CNT, the action taken in relation to the supervision of third party recruitment is also inadequate. The Committee once again requests the Government to send the text of the Decree giving effect to the Convention, together with information enabling the examination of the application of each of the provisions of the Convention, and data on the number and nature of any infringements reported in connection with the activities of private employment agencies.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s first report and of the information that draft regulations to implement the Convention have been prepared in consultation with the Tripartite International Standards Group. The Government states that placement agencies, occupational service agencies and employment market integration enterprises are in operation. The National Employment Directorate has registered 1,000 private employment agencies. According to information sent in the report in 2004, the demand for temporary work amounted to 3,105 jobs and 2,469 persons were placed. The Committee notes that the Government is in the process of studying and considering the draft decree issuing regulations to apply the Convention. It requests the Government to send the text of the decree once it has been adopted together with information enabling the Committee to examine how each provision of the Convention is applied, and data on the nature of any infringements reported in connection with the activities of private employment agencies.

[The Government is asked to reply in detail to the present comments in 2007.]