Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Uruguay

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1973)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1973)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 1989)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.

In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

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. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that in 2019 there were 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division and that in 2020, there were 102 labour inspectors (44 in the CGT Division and 58 in the CAT Division). The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo. The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2020 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

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. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: 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 inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) 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

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated 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, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.