Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre los representantes de los trabajadores, 1971 (núm. 135) - Uruguay (Ratificación : 2013)

The Committee notes the Government’s first report, in which it states that the provisions of the Convention are applied by Act No. 17.940 (Act on the promotion and protection of freedom of association) in conjunction with Act No. 18.508 (Act on collective bargaining in the public sector) and Act No. 18.566 (Act establishing the fundamental rights and principles of the collective bargaining system).

Article 1 of the Convention. Protection of workers’ representatives. In its report, the Government indicates that Act No. 17.940 establishes so-called “perfect protection” against any form of anti-union discrimination, providing for discriminatory acts to be null and void and the reinstatement of the worker concerned. The Committee notes with interest that section 2 of Act No. 17.940 establishes a special protection procedure for cases of discrimination against trade union leaders, persons serving as representatives, delegates, or persons engaged in the establishment of a trade union, as well as persons granted special protection through collective bargaining, with the procedure and time limits of the amparo proceedings being applicable in such cases, with very short time limits to ensure an expeditious response to any violations of the fundamental right of trade union activity. The Committee also notes that the Inspectorate-General of Labour and Social Security (IGTSS) of the Ministry of Labour and Social Security is responsible for the administrative enforcement of compliance with the provisions of the Convention and imposes penalties on enterprises that: are found to be engaged in acts that impede trade union action, make the employment of a worker subject to the condition that he or she shall not join a union or shall relinquish trade union membership, and/or dismiss or change working conditions of workers due to their trade union membership or participation in union activities. The Government indicates that the IGTSS has received a total of 305 complaints of trade union repression since 2009. The Committee notes the data provided by the Government and observes that up to 2014 there was a steady increase in the number of complaints; that the vast majority are from the private sector; and that almost all complaints are made by workers organized in trade unions. The Committee also welcomes the establishment, within the IGTSS, of an advisory service with trained staff which responds, inter alia, to enquiries made by workers and trade unions regarding the enforcement of the Convention. The Committee recalls that the Convention applies exclusively to workers’ representatives and requests the Government to provide information on the percentage of cases resolved and the average length of the proceedings.

Article 2. Facilities afforded to workers’ representatives. The Committee takes due note of the fact that Act No. 17.940 recognizes three types of facilities: (i) union leave; (ii) deduction of union dues; and (iii) trade union communications and notices.