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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 40. The Committee last examined this case concerning allegations of
favouritism by the Government towards the Medical Union of Uruguay (SMU), the exclusion
of the Surgical Anaesthesia Union of Uruguay (SAQ) from collective bargaining, as well
as interference by the Government in bipartite collective bargaining and in the
designation of essential services, at its meeting in October 2022 [see 400th Report,
paras 689–746]. On that occasion, the Committee: (i) expressed trust that, in the
framework of collective labour relations in force in the country, the SAQ will continue
having the opportunity to express its opinions in the instances that concern it; (ii)
requested the Government to adopt the necessary measures, in full consultation with the
social partners, to ensure that, in case of a lack of agreement between the parties
concerned, the determination of the most representative employers’ or workers’
organization is not left to the discretion of the Government but rather to a body that
offers all the guarantees of independence and objectivity; (iii) expressed trust that
negotiations between the SAQ and the State Health Services Administration (ASSE) would
be carried out in a harmonious manner; (iv) expressed trust that, should restrictions be
imposed on the right to strike in anaesthetic and surgical activities, the Government
will ensure that these workers are provided the necessary compensatory guarantees; and
(v) trusting that the adoption of the above-mentioned measures, in consultation with the
social partners, will contribute to maintaining the effective promotion of collective
bargaining in the country, the Committee reminded the Government that the technical
support provided by the Office is at its disposal.
- 41. The Government submitted its observations in communications dated 15
December 2022 and 7 February 2023. In these, it provided information on legal
proceedings relating to the case which, at the time of their examination, were still
ongoing. In particular, the Government refers to the lawsuit brought by the SAQ against
the Ministry of Labour and Social Security (MTSS), in which it claimed payment of a sum
which, in the union’s view, should have been transferred to it in accordance with an
agreement concluded in 2007, establishing the Continuing Medical Education Fund. The
Government recalls that, upon examining the case, the Committee noted that, by judgment
No. 51/2021, the SAQ’s claim was dismissed in its entirety, on the understanding that
the funds were held by the SMU, the entity that had represented the SAQ in signing the
agreement, and that the MTSS had fulfilled the commitment undertaken and had not
withheld any sum belonging to the SAQ. The Government indicates that: (i) the 2021
judgment was appealed by the SAQ and overturned by Judgment No. 69/2022 of the Court of
Appeal, which ordered the MTSS to pay the sums claimed; (ii) the parties reached a
settlement agreement to determine the amount owed; and (iii) on 13 January 2023, the
corresponding payment was made to the SAQ in accordance with that agreement.
- 42. The Government also indicates that, in response to the Committee’s
recommendations, an agreement was concluded in December 2022 within the Wage Council,
involving the SAQ, the SMU and the Interior Medical Federation (FEMI) representing the
workers’ sector. The Government states that the agreement, in force between 2022 and
2025, covers the frequency of salary adjustments, corrective measures and retroactive
payments, a safeguard clause, and provisions for training and professional development
in telemedicine. It also establishes the participation of the SMU, the FEMI and the SAQ
in the relevant commissions, stipulating that no decisions shall be taken nor agreements
signed without the express consent of all three organizations. Conditions regarding
High-Dedication posts and the Commission for the Classification of Surgical Procedures
are also regulated, issues which had been raised by the SAQ in its complaint. The
Government indicates that, through these measures, the Committee’s recommendations have
been implemented.
- 43. The Committee takes note of the information provided by the
Government and welcomes the actions undertaken within the framework of the Wages Council
in response to the Committee’s recommendations. Noting that it has received no further
information from the complainant organization since the complaint was lodged, the
Committee considers that this case does not require further examination and is hereby
closed.
