Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Uruguay (Ratification: 1954)

The Committee takes note of the Government’s report.

1. Comments of the PIT-CNT. The Committee recalls that, reacting to comments by the PIT-CNT, it asked the Government in its last observation: (1) to provide information on the average time span between the initiation of an investigation of a complaint of anti-union discrimination and the imposition of sanctions or the closure of the case and to state the total number of such complaints lodged in the last two years, and (2) to provide information on the number of collective agreements by enterprise and by branch, including in the public sector and in the public administration, with an indication of the sectors and number of workers covered and, if possible, a full list of the collective agreements concluded in the country.

The Committee notes that, according to the Government: (1) measures have been taken (more employees have been appointed and trained, consultation and reception areas for complainants have been opened in the General Labour Inspectorate, and a database set up) to ensure that complaints of breach of trade union rights are dealt with as promptly as possible and that as a result of the measures, they are now processed within 4 months on average; (2) in 2005, 36 complaints were filed, 25 were resolved, penalties were applied in one case and 11 are pending. In 2006, at 6 June 15 complaints had been filed, seven resolved, no penalties had been applied and eight were pending; and (3) with regard to collective bargaining, the Wages Councils were convened. The sectors involved were industry, commerce and services, and the rural and public sectors.

2. Article 1 of the Convention. Protection from anti-union discrimination.  In its previous observation, the Committee took note of Decree No. 186/004 which provides, in section 6, that acts of anti-union discrimination are to be treated as very serious offences, for which substantial penalties are envisaged in sections 13 to 16, which may even, in the event of repeated offences, result in the temporary closure of the enterprise. It also noted that there is no specific procedure for cases of trade union repression, and complaints are therefore dealt with under Decree No. 500/91, which covers all types of administrative procedures. The Committee asked the Government to take steps to ensure that complaints of violations of trade union rights are examined as rapidly as possible. The Committee notes with interest the adoption of Act No. 17940, which provides for the invalidation of any act or omission, the aim of which is to make the worker’s employment contingent on his not joining or his resignation from a union, or to dismiss a worker or cause him any other form of injury because of his membership of a union or his participation in union activities. The Committee notes with particular interest that the abovementioned Act also provides for the worker to be reinstated, by means of a special procedure.

Article 4. Promotion of collective bargaining. In its previous observation, the Committee asks the Government to inform it of the number of collective or other agreements concluded in the public sector, indicating the institutions concerned. The Committee notes with interest that, according to the Government three bodies have been set up for negotiating at a general level: the Higher Tripartite Council, the Higher Rural Council and the Higher Council for the Public Sector. It notes that as a consequence, 20 groups of wage committees have been set up covering more than 180 negotiating areas and that in 95 per cent of them, agreement was reached. Furthermore, a framework agreement was concluded in the public sector.