Definitive Report - Report No 217, June 1982

Case No 1092 (Uruguay) - Complaint date: 07-NOV-81 - Closed

1. 245. The complaints are contained in communications from the National Workers' Convention (CNT), the World Federation of Trade Unions (WFTU) and the International Confederation of Free Trade Unions (ICFTU) dated 7 November 1981 and 10 and 15 January 1982, respectively. The Government replied in a communication dated 27 April 1962.
2. 246. Uruguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainants

1. 247. The complainants allege that Decree No. 513/981 of 9 October 1981, made under Act No. 15137 respecting occupational associations, contains provisions contrary to the principles of freedom of association.

B. The Government's reply

1. 248. In its communication of 27 April 1982, the Government states that the application of Decree No. 513/981 of 9 October 1981, made under Act No. 15137 respecting occupational associations, has made it possible to initiate the procedure for setting up more than 150 occupational associations, besides those which are already in operation.
2. 249. The Government adds that, in any amendments that may be made to the Decree, account will be taken of any comments made by the supervisory bodies of the International Labour Organisation.

C. The Committee's conclusions

1. 250. The Committee notes that the complainants have questioned the conformity of the provisions of Decree No. 513/981 of 9 October 1981 (made under Act No. 15137 respecting occupational associations) with the principles of freedom of association.
2. 251. In this respect, the Committee observes that the Committee of Experts on the Application of Conventions and Recommendations, at its March 1982 session, examined the provisions of Decree No. 513/981 of 9 October 1981, and formulated an observation pointing out that the Decree contained some provisions which are not in conformity with Convention No. 87, regarding, in particular, election or re-election to trade union office, affiliation to federations and Confederations, etc. The Committee of Experts expressed the hope that the rules governing the right to strike would be adopted as soon as possible and that the Government would shortly take the necessary measures for ensuring the full application of the Convention.
3. 252. The Committee endorses the comments made by the Committee of Experts on Decree No. 513/981 of 9 October 1981 and expresses the hope that the Government will shortly take the necessary measures for the full application of Convention No. 87. In this respect, the Committee notes the Government's statement that, in any amendment that may be made to the Decree, account will be taken of any comments made by the supervisory bodies of the ILO.

The Committee's recommendations

1. 253. In these circumstances, the Committee recommends the Governing Body to approve this report, in particular the following conclusions concerning the conformity of Decree No. 513/981 of 9 October 1981 with the principles of freedom of association:
   • The Committee endorses the comments made by the Committee of Experts on the Application of Conventions and Recommendations in March 1982 concerning Decree No. 513/981 and expresses the hope that the Government will shortly take the measures necessary to ensure the full application of Convention No. 87.