Plantations Convention, 1958 (No. 110) - Uruguay (Ratification: 1973)

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

Articles 5 to 19 of the Convention. Engagement and recruitment of migrant workers. The Committee notes the Government’s reference to the adoption of Decree No. 278/017 of 2 October 2017 regulating the Unified Registration System for workers. Section 31 of the Decree provides that no employer may conclude a labour contract with any foreign national who is in an irregular situation in the country. It also establishes the obligation for the employer to require from the worker the documentation issued by the National Migration Board or the Ministry of Foreign Affairs, in conformity with the provisions of the migration legislation. Labour inspectors are authorized to monitor and require the presentation of the permit. In its 2006 General Survey on Labour Inspection, paragraph 78, the Committee noted that, while in some countries labour inspectors are assigned a major role in inspecting for illegal employment, linked to a regular migration, the primary duty of labour inspectors is to protect workers and not to enforce immigration law. This additional duty should not be to the detriment of inspection on conditions of work. The Committee requests the Government to provide specific information on the engagement and recruitment of men and women migrant workers in plantations, both internal and external migrants, and to indicate the number of persons engaged in this type of work (disaggregated by age and sex), their conditions of work and the type of plantations in which they are employed. It further requests the Government to communicate information on the number of inspections resulting in the identification of irregular migrants, and on the manner in which the Government ensures that inspection verifying the legality of migration status does not interfere with inspectors’ primary duties or deter migrant workers from reporting abuses.

Articles 24 to 35. Wages. The Committee notes the Government’s indication that, following the adoption of Decree No. 278/017, the Employment Registration System for Rural Labour has been abolished and the Unified Registration System for workers has been established. The provisions of the general regime apply to other employment documents, such as workbooks, payslips and leave statements. The Government adds that Act No. 19.210 of 29 April 2014 (the Financial Inclusion Act) adjusts the percentage of wages a worker may receive in cash. The Government refers to sections 19–23 of Decree No. 278/017, which require employers to issue and deliver payslips to workers when paying any sum or remuneration. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of workers in plantations who receive the minimum wage. The Committee also requests the Government to send information on the manner in which it is ensured that workers are informed of the minimum rates of wages in force, as required by Article 25(1) of the Convention. Furthermore, the Committee requests the Government to transmit information on the number of labour inspections carried out in the plantation sector and the outcomes regarding the payment of minimum wages.

Articles 36 to 42. Annual holiday with pay. In its previous comments, the Committee requested the Government to provide information on the progress made regarding the possibility afforded by Act No. 12.590, governing the annual leave of workers engaged by individuals or private entities, to count national holidays, as an exception, as part of annual paid leave. The Committee notes the Government’s indication that the legislation has not been amended in this regard. The Committee refers to its 2016 comments on the application of the Holidays with Pay Convention (Revised), 1970 (No. 132), in which it recalled that it had 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. The Committee requests the Government to provide information on the measures envisaged or adopted regarding plantation workers to guarantee that public and customary holidays are not counted as part of annual paid leave.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Part IV (Wages), Articles 24–35 of the Convention. The Committee notes the Government’s reference to Legislative Decree No. 261/012 of 29 June 2012 on the New Agricultural Worker’s Statute, which contains several provisions on the protection of wages. It also notes the Government’s indications concerning the functioning of the various sectoral wage councils, including the wage council on agricultural and related activities. The Committee further notes the decrees adopted in January 2013 adjusting the minimum wage for agricultural workers and rice plantation workers to between 316 and 475 pesos (approximately between US$14.6 and US$22) per day for all categories of workers, with a daily supplement of 80 pesos (approximately US$3.7) for food and lodging where there are not provided by the employer. The Committee requests the Government to refer to the comments made under the Minimum Wage Fixing Convention, 1970 (No. 131).

Part V (Annual holidays with pay). Articles 36–42. Further to its previous comment, the Committee notes the Government’s explanations that no use has so far been made of the possibility afforded by Act No. 12.590 to exceptionally count national holidays as part of the annual paid leave but, nonetheless, the matter will be considered for possible future legislative action. The Committee requests the Government to keep the Office informed of any progress made in this respect. It also requests the Government to refer to the comments made under the Holidays with Pay Convention (Revised), 1970 (No. 132).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the adoption of Act No. 18.250 of 6 January 2008 concerning migration, which establishes the National Office for Migration and the Advisory Council on Migration responsible for coordinating migration policy. It notes that this Act provides for equal treatment for migrant workers and national workers and that implementing regulations are being prepared. The Committee therefore requests the Government to supply a copy of the implementing regulations, once they have been adopted. Furthermore, noting that the Government’s report does not contain any information with regard to its previous comment concerning the results of studies undertaken on migrant agricultural workers, the Committee again requests the Government to supply further information concerning the engagement and recruitment of migrant workers on plantations, including data on the number of such workers, their conditions of work, the types of plantation on which they are occupied and any legal provisions adopted in this respect. Finally, the Committee requests the Government to refer to the comments it made in 2007 in relation to the Migration for Employment Convention (Revised), 1949 (No. 97).

Part IV (Wages), Articles 24–35. The Committee notes the Government’s indication that the Wage Councils met for the first time in 2005 and that a Higher Tripartite Rural Council was established on that occasion to determine and fix the basic criteria for the operation of the Wage Council in the agricultural sector. It notes the adoption of Decree No. 326/08 of 7 July 2008, which restructures occupational categories for the purpose of determining wages and establishes the category of agricultural workers. The Committee also notes the Decrees adopted in January and February 2009 adjusting the minimum wage for workers on rice, sugar cane and citrus fruit plantations to between 213 and 296 pesos (approximately between US$10 and US$14) per month for all categories of workers, with a daily supplement of 62.62 pesos (approximately US$3) for food and lodging where these are not provided by the employer. The Committee requests the Government to continue to supply information concerning the adjustment of wages on plantations, especially with regard to the impact of the minimum wage on the purchasing power of workers in relation to a basket of basic products, and to indicate the number of workers on plantations covered by statutory minimum wage rates and those covered by minimum wage rates established by collective agreements. The Committee also requests the Government to refer to its 2007 comments on the Protection of Wages Convention, 1949 (No. 95).

Part V (Annual holidays with pay), Articles 36–42. The Committee notes the Government’s statement that Act No. 12.590, which authorizes as an exception that national holidays may be counted as annual leave in collective agreements, has not been amended. The Committee requests the Government to take the necessary steps without delay to bring its legislation into full conformity with the provisions of the Convention on this point. It also requests the Government to refer to its 2009 comments made under the Holidays with Pay Convention (Revised), 1970 (No. 132).

Part VII (Maternity protection), Articles 46–50. The Committee notes the adoption of Act 18.211 of 5 December 2007 concerning the national health system, which established the national health insurance system and the National Health Fund (FONASA). The Committee requests the Government to refer to its 2009 comments made under the Maternity Protection Convention (Revised), 1952 (No. 103).

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee notes the information supplied by the Government, in particular with regard to the adoption of Act No. 17.940 of 2 January 2006 concerning the protection of freedom of association. The Committee requests the Government to refer to its 2009 comments made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the information supplied by the Government concerning inspections carried out on sugar-cane plantations and rice plantations. It requests the Government to continue to supply such information and to refer to its comments made under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Part V of the report form. Practical application. The Committee requests the Government to continue to give a general description of the application of the Convention in practice, including: (i) recent studies on the social and economic conditions of workers on plantations; (ii) statistics on the number of establishments and workers covered by the Convention; (iii) copies of collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations existing on plantations and any other information enabling the Committee to evaluate the situation of workers on plantations in the light of the provisions of the Convention. Finally, the Committee requests the Government to provide additional information demonstrating the importance of the plantation sector for the national economy, for example, in terms of gross domestic product, exports and the size of the working population.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the information provided by the Government concerning the study that is being undertaken on migrant labour in the rice-growing sector and the Government’s intention to extend this type of study to the sugar-cane sector. The Committee requests the Government to keep it informed of the findings of these studies and to provide any other information concerning the engagement and recruitment of migrant workers in plantations, including data on the number of persons covered by this type of work, their working conditions and the types of plantations in which they work, as well as any legal provisions that have been adopted on this subject.

Part IV (Wages), Articles 24 to 35. The Committee notes with concern that the Government does not hold consultations with employers’ and workers’ organizations for the fixing of the minimum wage for workers in plantations, as required by Article 24, paragraph 2, of the Convention. The Committee emphasizes its comments of 2003 under Convention No. 131 and requests the Government to provide information on the manner in which minimum wages are determined for workers in plantations. The Committee also requests the Government to provide information on the impact of the minimum wage on the purchasing power of workers in relation to a basket of basic products, and to indicate the number of workers in plantations covered by statutory minimum wage rates and those covered by minimum wages established by collective agreements.

The Committee also reminds the Government of its comments of 2001 under Convention No. 95.

Part V (Annual holidays with pay), Articles 36 to 42. The Committee notes that, according to the Government, Act No. 12.590 authorizes as an exception that in collective agreements national holidays may be counted as part of annual leave. The Committee recalls its last comment concerning Convention No. 132 in which it indicated that official national holidays must not be counted as part of annual holidays with leave. The Committee trusts that the Government will take the necessary measures in the very near future to bring the legislation into compliance with the Convention on this matter.

Part VII (Maternity protection), Articles 46 to 50. The Committee notes Decree No. 211/001, of 8 June 2001, extending the unemployment insurance scheme established under Legislative Decree No. 15.084 to workers in rural areas, thereby enabling women workers in plantations who are receiving unemployment insurance benefits to obtain medical care free of charge for themselves and their recently born children.

Part IX (Right to organize and collective bargaining), Articles 54 to 61. See the comment of 2003 under Convention No. 98.

Part XI (Labour inspection), Articles 71 to 84. The Committee notes the statistics on labour inspections provided by the Government. The Committee notes in particular that during the period 2002-03 the inspection services carried out 3,962 inspections, of which 23 per cent were undertaken as a result of complaints, and that 67 per cent of inspections identified violations. The Committee requests the Government to provide detailed information in its next report on the inspections carried out in plantations, including the number of inspections carried out in the sector, the areas covered by them, the violations of labour laws reported (working hours, wages, health and safety, employment of young persons, etc.), and the sanctions imposed.

The Committee also refers to its latest comments under Conventions Nos. 81 and 129 in which, firstly, it urged the Government to take the necessary measures to ensure that labour inspection personnel benefit from a status and conditions of service which guarantee their independence and, secondly, it recalled the obligation of the inspection bodies to prepare and publish annual inspection reports.

Part IV of the report form. The Committee notes that the information provided by the Government describes a grave crisis in the rice-growing sector and a continued decline in sugar-cane production. The Committee requests the Government to continue giving a general appreciation of the application of the Convention in practice, including: (i) recent studies on the socio-economic conditions of workers in plantations; (ii) statistics on the number of enterprises and workers covered by the Convention; (iii) copies of the collective agreements applicable in the sector; (iv) the number of workers’ and employers’ organizations existing in the plantation sector, and any other information making it possible to assess the situation of workers in plantations in the light of the provisions of the Convention. Finally, the Committee requests the Government to provide additional information demonstrating the importance of the plantations sector in the national economy, for example, in relation to gross domestic product, exports and the numbers of persons employed.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Further to its previous direct request, the Committee notes the information supplied by the Government in its latest report. The Committee requests the Government to kindly provide other information on the following points:

Part IV, Article 24, paragraph 2, of the Convention. The Committee refers to its 1997 observation on Convention No. 131, paragraphs 2 and 3 of Article 4.

Part V, Articles 39(d) and 41. See the 1995 direct request on the application of Convention No. 132, paragraph 1 of Article 6 and Article 12.

Part VII, Article 48, paragraphs 1 and 3. See the 1997 direct request on the application of paragraphs 1 and 3 of Article 4 of Convention No. 103.

Part XI, Articles 77, paragraphs 1(b) and 81. See the 1997 observation on the application of Articles 11 (paragraph 1(b)) and 16 of Convention No. 81.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the information supplied by the Government in its latest report. It asks the Government to provide further information on the following points:

Part IV, Article 24, paragraph 2, of the Convention. The Committee refers to the observation on Convention No. 131, Article 4, paragraphs 2 and 3.

Part V, Articles 39(d) and 41. See the 1991 direct request concerning the application of Convention No. 132, Article 6, paragraph 1, and Article 12.

Part VII, Article 48, paragraphs 1 and 3. See the 1990 direct request concerning the application of Article 4, paragraphs 1 and 3 of Convention No. 103.

Part IX, Articles 58 to 61. See the observation on the application of Convention No. 98.

Part XI, Articles 77, paragraph 1(b), and 81. See the 1990 direct request concerning the application of Article 11, paragraph 1(b), and Article 16 of Convention No. 81.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comments, the Committee takes note of the information supplied by the Government in its last report. It requests the Government to provide further information on the following points.

Part IV, Article 24, paragraph 2, of the Convention. The Committee refers to the observation made under Convention No. 131, Article 4, paragraphs 2 and 3.

Article 33, paragraph 2. See the 1987 direct request concerning Convention No. 95, Article 12, paragraph 2.

Part V, Articles 39(d) and 41. See the direct request concerning Convention No. 132, Article 6, paragraph 1, and Article 12, respectively.

Part VII, Article 48, paragraphs 1 and 3. See the direct request of 1986 concerning Convention No. 103, Article 4, paragraphs 1 and 3.

Part IX, Articles 58 to 61. See the observation concerning Convention No. 98.

Part XI, Articles 77, paragraph 1(b), and 81. See the direct request of 1988 concerning Convention No. 81, Articles 11, paragraph 1(b), and 16.