Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Employment Policy Convention, 1964 (No. 122) - Uruguay (Ratification: 1977)

Articles 1 to 3 of the Convention. Implementation of the employment policy. Participation of the social partners. In reply to the Committee’s previous comments, the Government indicates a series of measures, including the Employment Promotion Plan, which enhances interinstitutional coordination and coordination between the public and private sectors; the Promotion of Employment Act, No. 19.973, on active employment policies to boost access to employment for young persons aged from 15 to 29 years, workers over 45 years of age and persons with disabilities; the women in the information technology sector project, which provides support for women in technological work; the PAGE Uruguay Programme, which promotes the greening of enterprises, green jobs for populations in a situation of vulnerability, and an inclusive green economy; the Hydroponic Garden Project for persons with disabilities; and action taken within the framework of the National Council for Racial Equality and Persons of African Descendance. Regarding the statistical information on labour market trends it requested, the Committee notes the detailed information that the Government has provided on the active population, employment, unemployment, informality and underemployment rates. For 2020, the activity rate was 68 per cent for men and 53.8 per cent for women, within which the activity rate for persons over 60 years of age was 20.7 per cent; the employment rate for men was 62.1 per cent and for women, 47.1 per cent; the unemployment rate was 8.6 per cent for men and 12.4 per cent for women; the informality rate was 24 per cent for men and 19.9 per cent for women, while the underemployment rate was 8.4 per cent for men and 9.4 per cent for women. In this regard, the Committee notes that in its concluding observations of 14 November 2023, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the significantly lower labour force participation rate and higher unemployment rate of women, the limited access to formal employment for rural women, women with disabilities, women of African descent, migrant and refugee women and lesbian, bisexual, transgender and intersex women, the persistent gender pay gap, in particular in scientific and technical professions and in the finance and insurance sectors, and women’s underrepresentation in managerial positions in private companies despite high levels of education (CEDAW/C/URY/CO/10, paragraph 33). The Committee also notes that the Committee on the Protection of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 4 January 2024, expressed concern about the persistent discrimination faced by migrant workers, particularly in access to jobs, pay, working conditions and professional development, about the lack of sufficient labour inspections in informal sectors of the economy (CMW/C/URY/CO/2, paragraph 34). On the other hand, in its report, the Government indicates that the Access Programme (Programa Accesos), which promotes labour integration of persons in a situation of vulnerability, sets a reserved quota of eight per cent for persons of African descend (as provided for by Act No. 19.122), 2 per cent for trans persons (under Act No. 19.684), and in general provides for 60 per cent for women and 40 per cent for young persons between the ages of 18 and 29 years. The Government also indicates that of the total number of persons trained at the National Institute of Employment and Vocational Training (INEFOP), 13.56 per cent (4,149) were of African descendance in 2019; 12.24 per cent (2,582) in 2020; and 12.6 per cent (4,201) in 2021. With regard to the Committee’s request for information on the manner in which the Government ensures the active participation of the social partners and representatives of other sectors, the Government indicates that Act No. 18.406 provides for quadripartite departmental employment and vocational training committees, and that these exist in 18 departments. In 2021, a total of 16 departmental days in various departments were organized on problems and opportunities for employment and vocational training, and there are interinstitutional spaces where civil society organizations can participate, such as the Rural Women’s Dialogue Space, the Commission for Artists and Related Workers, the Private Employment Agencies’ Tripartite Advisory Commission, the AFRO Employment and Social Security Commission, the National Commission for Ethnicity and Race, and the Sexual Diversity Council. The Committee requests the Government to continue to provide detailed, updated information on the policies and other measures taken to promote full, productive and freely chosen employment, including for the above-mentioned groups of the population. The Committee also requests the Government to provide full, updated statistical information on labour market trends.

Means of facilitating the transition from the informal to the formal economy. The Committee notes the Government’s reply to its request, indicating a series of provisions incorporated into the legislation and policies to promote employment that address special contributions to the Social Security Bank. These include Act No. 19.973, which provides that the subsides granted to enterprises which recruit the persons envisaged in the Act shall cover the cost of social security contributions through credits accorded to offset the amounts owed by the enterprise to the Social Security Bank. Subsides are also provided for the recruitment of young persons under 29 years of age for their first job under the “labour practice for graduates” modality; for students aged from 15 to 29 years under the “training practices” modality; for young unemployed persons with income below the poverty line, for persons over 45 years of age who have been continuously unemployed for more than 12 months, or discontinuously for more than 15 out of the 24 previous months, and for persons with disabilities in similar circumstances.

The Committee observes that, despite the progress and ongoing efforts to reduce informality, informal employment remains a significant challenge for the labour market. The Committee requests the Government to indicate how coordination between the various institutions that implement employment policies has been strengthened, avoiding the fragmented and partial interventions which hamper the effectiveness of these policies. It requests the Government to indicate the measures adopted to monitor employment in the informal economy and to formulate integrated policies aimed at facilitating the transition of workers and the productive units to the formal economy. It also requests the Government to continue to provide information, including statistical information on the impact of the measures adopted or envisaged to extend access to social protection to workers in the informal economy.

Education and vocational training. The Committee notes the information provided by the Government on the functioning of the National Commission for Occupational Certification and its results. In its report, the Government provides information on the number of persons trained by the INEFOP between 2019 and 2021: in 2019, the figure was 30,602 persons trained; in 2020, a total of 21,092 persons trained, and in 2022, a total of 34,833 persons trained. The Committee requests the Government to continue to provide information on the measures adopted or envisaged as regards education and vocational training to promote the employability of groups in a situation of vulnerability and on their impact.

Employment of women. In its report, the Government also refers to the Access Programme, established under Act No. 19.996, which is socio-educational and labour oriented, national in scope and focused on territorial decentralization. Its objective is to create opportunities for labour market integration of persons aged between 18 and 64 years in a situation of socio-economic vulnerability, with an emphasis on women and young persons. The Programme consists of a first phase in for participants in a socio-educational activity in a public body for a period of seven months, paid at the national minimum wage, followed by a second phase, in which efforts are made to place the participant in a private enterprise, or in organizations known as “Madrinas” as a formal worker. The enterprises are accorded benefits through exemption from employers’ social security contributions, and participants are also granted benefits in the form of health care, and access to a socio-educational inclusion grant consisting of early childhood care and support for transport to work. The Government further indicates in its report that in 2019 the INEFOP trained 16,644 women (54 per cent of total trainees), 12,795 in 2020 (61 per cent of total trainees), and 23,540 in 2021 (68 per cent of total trainees). The Committee requests the Government to continue to provide detailed, updated information on the measures aimed at reducing gender gaps in the labour market and promoting women’s employment, especially those in a situation of vulnerability. The Committee also requests the Government to continue to provide disaggregated information on the impact of the measures taken to overcome challenges faced by women in the work environment.

Young persons. The Government indicates that Act. No. 19.973 provides for the labour integration of young persons through subsides accorded to enterprises that employ young persons aged from 15 to 29 years in three modalities: (a) as a first work experience in the public or private sector, with temporary subsidies that can be extended if the young person is kept on the payroll; (b) subsidies to enterprises that employ young persons that have been unemployed for more than 12 months; and (c) a higher subsidy for enterprises that employ young persons coming from households below the poverty line, or are included in special public programmes. The Government also refers to the “Yo estudio y Trabajo” Programme (I Study and Work Programme), which offers a first experience of formal employment to young persons aged between 16 and 20 years, without previous work experience, and enables them to work while continuing their studies. Access to the Programme is through drawing lots. The National Directorate for Employment provides supervision and evaluation of skills. The objective is for the young persons to acquire crosscutting skills, such as teamwork, working to targets, and adaptability to change/flexibility, all of which go towards the process of skills certification by URUGUAY CERTIFICA. The programme is in its tenth edition, with 42 public and parastatal bodies participating, offering a first work experience to 668 young persons (60 per cent in Montevideo and 40 per cent in the interior of the country). The group includes 432 women, 219 men, 13 trans persons and four persons who identify with none of those groups. A total of 90 are persons of African descend (13.5 per cent); 31 are persons with disabilities (4.7 per cent); and 282 are persons in a situation of vulnerability (42 per cent). In its report, the Government indicates that the INEFOP trained 11,156 young persons aged from 14 to 29 years in 2019; in 2020, it trained 6,455 young persons; and in 2021, it trained 14,040 young persons. The Committee also notes that the unemployment rate of young persons aged from 15 to 24 years is particularly high, running at 19.7 per cent, with an even higher rate for young women, at 23.6 per cent. Observing that this demographic group is facing job insecurity, low wages and limited access to social protection,the Committee requests the Government to continue to provide detailed, updated information on the impact of the measures adopted to promote young persons’ access to employment.

Persons with disabilities. The Government indicates that Act No. 19.973, Act No. 19.691 on labour market inclusion and the Productive Investment Programme finance departmental revolving funds to finance projects. In 2021, these funds financed 95 projects that used positive weighting to favour the inclusion of young persons, persons over 45 years of age and persons with disabilities. Regarding the impact of Act No. 19.973, between January and April 2022, a total of 805 young persons were recruited, 139 paid and unpaid traineeships were completed, and 96 persons over 45 years of age were recruited. In its report, the Government also indicates that the Access Programme provides a quota of 4 per cent for persons with disabilities, 3,000 quotas for the whole country for each edition (except the first edition in 2022). The Government indicates that it sent circulars to all entities included to ensure they complied with the quotas. In 2016, the INEFOP trained 3,620 persons with a declared disability of any type (12 per cent of total trainees); the number was 2,598 in 2020 (12 per cent of total trainees), and 4,398 in 2021 (13 per cent of total trainees). The Committee refers to its comments regarding the implementation of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and requests the Government to continue to send detailed, updated information on the measures adopted or envisaged to promote employment opportunities for persons with disabilities in the regular labour market. The Committee also requests the Government to send information on the impact of such measures, including statistical information on the total number of participants, disaggregated by sex, region and type of disability.

Promotion of cooperatives. The Committee notes the detailed information provided by the Government on the impact of measures adopted to promote employment creation through cooperatives, including for persons in a situation of vulnerability. The Government indicates that the total number of cooperatives in 2021 stood at 3,710, signifying an increase since 2008 (1,117 cooperatives). The sector generates employment for 25,148 persons. Work cooperatives generate the most employment (9,270 persons employed), followed by social cooperatives (3,896) and agricultural cooperatives (3,822), and consumer cooperatives (3,321). The number of working persons has increased both through the integration of new workers and through an increase in the number of cooperatives. With respect to the composition of workers by sex and age, 18.2 per cent are young persons below the age of 30 years and there is a slight majority of men (53.2 per cent) compared to women (46.8 per cent). The Committee also notes the information sent regarding training activities, technical assistance and generation of employment, work and insertion of persons in a situation of vulnerability by the INACOOP. The Committee requests the Government to continue to provide detailed, updated information on the measures adopted to enhance cooperatives’ generation and promotion of employment, including of persons in a situation of vulnerability.