Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Uruguay (Ratification: 2004)

Articles 3, 10 and 14 of the Convention. Regulation of private employment agencies. In the comments that it has been making since 2006, the Committee has been requesting the Government to provide information on the approval of the regulations that are needed to ensure that the National Employment Directorate (DINAE) is in a position to supervise private employment agencies, as required by the Convention. The Committee notes the draft decree adopting regulations for the implementation of Convention No. 181, which was sent by the Government in November 2015. The Government states that the aforementioned draft decree is still being drawn up, further to the conclusion of an agreement in the Tripartite Group on International Standards. The Committee notes that the draft decree covers most of the provisions of the Convention. The Committee reiterates that the DINAE and other competent public authorities (such as the labour inspectorate) should have sufficient resources to take remedial action to ensure the application of the relevant national legislation. The Committee requests the Government to take the relevant measures to adopt the decree for the implementation of the Convention and to provide a copy of the regulations, once they have been adopted.

Article 7(3). Exceptions. Should the exceptions provided for in Article 7(2) of the Convention be authorized, the Committee requests the Government to provide the relevant information.

Article 8. Migrant workers. The Committee refers to its previous comments and requests the Government to provide information on the manner in which penalties are imposed on agencies covered by the Convention which engage in fraudulent practices or abuses. The Committee also requests the Government to include information on labour agreements outside the Common Market of the Southern Cone (MERCOSUR) area relating to the matters covered by the Convention.

Article 13. Cooperation between the public employment service and private employment agencies. Compilation and dissemination of information. The Committee requests the Government to provide detailed information on the implementation in practice of cooperation between the public employment service and private employment agencies.

Application of the Convention in practice. The Committee again requests the Government to communicate the text of any court decisions interpreting the national legislation concerning the rights of workers in relation to company decentralization (Act No. 18099 of 2007, as amended by Act No. 18251 of 2008), so as to be able to examine the manner in which protection is secured to workers covered by the Convention. The Committee also requests the Government to provide up-to-date information on the number of workers protected by the Convention, the number and nature of reported infringements, and any other relevant information concerning the application of the Convention in practice.