Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Uruguay

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1973)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1973)

Previous comments

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 of the Ibero–American Confederation of Labour Inspectors (CIIT) concerning both Conventions, received on 31 August 2023, and the Government’s reply thereto.

Legislation. The Committee notes the Government’s indication in its report that, on 16 November 2022, Decree No. 371/022 (Regulation of laws regarding the competence and procedure of the General Labour and Social Security Inspectorate), which repeals Decree No. 680/977 (Regulation of international Conventions Nos 81 and 129, on labour inspection in industry, commerce and 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. Frequency and thoroughness of inspections. With reference to its previous comment, the Committee notes that according to the Government’s indications, in 2023 there were 54 inspectors in the General Labour Conditions (CGT), Division of the General Labour and Social Security Inspectorate (IGTSS) (44 in 2020) and 39 inspectors in the Environmental Working Conditions (CAT) of the IGTSS (58 in 2020). The Committee notes that according to the CIIT, the agreement concluded by the Ministry of Labour and Social Security (MTSS) and the Association of Labour Inspectors of Uruguay (AITU) in 2015 and contained in Decree No. 340/015, which is currently in force, establishes a staffing structure of 66 inspectors in each Division, thus current staff numbers are 32 per cent below the figure established in the agreement. While noting the challenges related to the COVID-19 pandemic, the CIIT also indicates that the current government administration (2020–25) has not made calls for the admission of labour inspectors and that there will probably not be any admissions before the end of this administration. Consequently, the number of inspectors continues to fall and will continue to do so, since, at present, 17 inspectors are over 60 years of age and legally eligible for retirement benefits. The Committee notes the Government’s indication in its reply to the observations of the CIIT that the decrease in the number of inspectors has at no time impaired the effective functioning of the inspection service and that, on the contrary, the activities of the three constituent divisions of the IGTSS have increased in relation to 2019: in 2022, the CGT carried out 16,863 activities (an increase of 38.6 per cent in relation to 2019), the CAT carried out a total of 8,828 activities (+24.3 per cent) and the Legal Division processed 19,387 files (+7.4 per cent). The Government indicates that the MTSS intends to launch a competition immediately to fill the labour inspector vacancies as soon as possible and to create, in September 2023, a joint body constituted by the AITU and the IGTSS for the purpose of establishing, as soon as possible, the most appropriate way to conduct the competitions. The Committee requests the Government to continue to provide information on: (i) progress made in filling vacant posts and the recruitment of new inspectors; and (ii) the number of inspectors in post and the number of sanctioned posts in each division.

The Committee notes that Decree No. 371/022 establishes three inspection methods: the traditional method, which consists of an in-person visit to the workplace; inspection by summons, which entails the parties appearing before the IGTSS; and the use of electronic data verification mechanisms through the documentation or information systems available to the MTSS. The Committee requests the Government to continue to provide information on the number of inspections conducted, disaggregated by inspection method used.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. Further to its previous comments, the Committee notes that the Government provides a copy of the IGTSS report for 2022 and a joint publication issued by the Statistical Unit of the MTSS and the IGTSS. The Committee also notes that those documents contain information on the number of inspection visits to enterprises, including agricultural enterprises (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129) and the number of occupational accidents (Article 21(f) of Convention No. 81 and Article 27(f) of Convention No. 129). In this regard, the Committee notes that under strategic objective 3.4 of the Proposed Strategic Plan for the IGTSS 2024-2025, the aim is to enhance the visibility of IGTSS actions through the publication of the MTSS website of the annual report on the work of the inspection services (action no. 3.4.4). The Committee again requests the Government to take the necessary measures to ensure that future annual reports on the inspection services are published and deal with all matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including those concerning inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Article 9(3). Adequate training for labour inspectors.Further to its previous comments on the specific training provided to labour inspectors in agriculture for the performance of their duties and noting the absence of information in this regard, the Committee once again requests the Government to provide information on the duration and content of the training provided, and on the number of participants. Furthermore, the Committee requests the Government to provide information regarding the specific training available to labour inspectors in order to provide training to employers and workers on proper compliance with Decree No. 321/009 of 9 July 2009 regulating safety and health in agriculture (see section 5 of the Decree).

Article 17 of Convention No. 129. The preventive role of labour inspection. Noting once again the absence of information in this regard, the Committee requests the Government to provide information on the measures adopted by the competent authority to determine the cases and conditions in which labour inspection services in agriculture should be involved 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.