Violence and Harassment Convention, 2019 (No. 190) - Uruguay (Ratification: 2020)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT), received on 24 July 2023 and 31 August 2024, and the Government’s replies in this respect.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Government indicates in its report that the Bill to implement the Convention (hereafter “Bill”) is under discussion in the Tripartite Advisory Committee, and that it has undergone several amendments, such as the inclusion of a definition of “gender-based violence and harassment” under the terms of the Convention. The Committee notes that the PIT-CNT: (i) reiterates that the definition of “harassment” contained in the Bill conflicts with the Convention by requiring that acts must be repeated; and (ii) expresses concern regarding the reference to harassment perpetrated by “organizations”, without clarifying to which organizations or groups of individuals this provision refers. The Government indicates in its reply that defining “violence” and “harassment” as separate concepts provides clarity and is no less protective than the Convention, and that the reference to “organizations” refers to organizations of any nature. The Committee trusts that progress will be made in the discussion and adoption of provisions defining and prohibiting all forms of violence and harassment in the world of work covered by Article 1 of the Convention, and asks the Government to provide information on progress in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard, if it deems it necessary.

Articles 2 and 3. Scope. The Committee notes the observations of PIT-CNT, emphasizing that section 4 of the Bill is limited to violence and harassment occurring when commuting to and from work when the worker is performing a specific task assigned by the employer and the employer has taken responsibility for the worker’s transport. The Government indicates that this provision is consistent with Act No. 16.074 on occupational accidents. The Committee notes that the Bill appears to be aimed at implementing the Convention as a whole, with a view to preventing violence and harassment and ensuring the right of everyone to a world of work free from violence and harassment. The Committee therefore considers that it would be appropriate for the scope of the Bill to cover violence and harassment occurring within the parameters of the “world of work” as recognized by the Convention. The Committee trusts that the Bill will cover all contexts in which violence and harassment may occur in accordance with the Convention. It also once again asks the Government to provide information on the application in practice of Acts 18.561 and 19.580 (for example, cases in which these Acts have been applied to cases of gender-based violence or sexual harassment affecting persons protected under Article 2, or occurring in the contexts provided for in Article 3 of the Convention).

Article 4(2). Inclusive, integrated and gender-responsive approach. The Committee notes the information provided by the Government concerning the mainstreaming of the gender perspective in public bodies through the Specialized Gender Units, and the establishment of a department on sexual harassment within the National Institute for Women. The Committee also notes the indication of the PIT-CNT that the Bill: (i) does not provide for coordination with other regulations, such as those relating to occupational safety and health; and (ii) does not take into account, in section 6, the participation of tripartite actors in policy design. The Government responds that the fact that the State is responsible for designing and implementing policies for the prevention of harassment and violence in the world of work does not exclude or restrict tripartite dialogue within the National Occupational Safety and Health Council (CONASSAT). The Committee asks the Government to provide information on any measures taken to consult representative employers’ and workers’ organizations for the implementation of the Convention, including within CONASSAT. It also once again requests the Government to indicate the measures taken to address gender-based violence and harassment against all persons, and not only women, and to take into account violence and harassment that may involve third parties.

Article 8. Appropriate prevention measures. The Government indicates: (i) the preventive measures on violence and harassment under the ACCESOS formal labour market integration programme, namely, the inclusion of preventive obligations in agreements with partner institutions, a zero-tolerance clause in the beneficiaries’ engagement agreement, training for programme staff, and information provided to beneficiaries; and (ii) that, in the informal economy, in every case handled by the General Labour and Social Security Inspectorate (IGTSS), it is verified whether the enterprise or institution concerned has taken measures to prevent violence and harassment. The PIT-CNT also indicates the existence of the Protocol for the prevention, detection and handling of sexual harassment in private educational establishments (adopted in Group 16 of the Wage Council). The Committee once again requests the Government to provide information on: (i) the number of cases of violence and harassment against informal workers that have been brought to the attention of the IGTSS, as well as the protection measures and the sanctions adopted in this regard; and (ii) the measures taken or planned for the prevention of violence against informal workers, including those aimed at preventing violence and harassment by the public authorities; The Committee also asks the Government to continue providing information on the measures taken to prevent violence and harassment in specific sectors, occupations and work arrangements.

Article 9. Responsibilities of employers. The Committee notes that: (i) according to the Government, the IGTSS requires the adoption of protocols on violence and harassment when, in the course of dealing with specific complaints, their absence is identified; and (ii) section 6(i) of Decree No. 680/997, under which the IGTSS could require, as a “preventive measure”, the adoption of protocols on violence and harassment, is not expressly referred to in the new Decree No. 371/2022, which replaces it. The Committee emphasizes that addressing violence and harassment in workplace policies should be clearly established in legislation, without depending on the prior submission of complaints in the enterprise or institution concerned. In this regard, the Committee welcomes the establishment of several internal protocols and bipartite committees relating to work-related harassment and moral or sexual harassment in various ministries and public institutions. The Committee also notes the Government’s indication that, with respect to information and training obligations concerning sexual harassment, failure to comply constitutes a serious violation (section 5(i) of Decree No. 186/004), and that the IGTSS checks both the existence and the content of such information and training. The Committee further notes that section 5 of the Bill, which establishes employers’ duties in terms similar to those of the Convention, does not refer to consultation with workers’ organizations for the adoption and implementation of workplace policies, nor to the use of information and training in accessible formats. The Committee trusts that the Bill will require consultation with workers’ representatives regarding the adoption and implementation of a workplace policy and that information and training is provided in accessible formats as appropriate. The Committee once again asks the Government to indicate the manner in which employers and bipartite occupational safety and health cooperation bodies deal with issues of violence and harassment in the world of work in practice (for example whether such bodies are consulted in the development of workplace measures or how incidents of violence and harassment are taken into account in the identification of risks).

Article 10(a) and (h). Monitoring and enforcement. The Government indicates that in 2023 the IGTSS received 512 complaints of work-related harassment and 41 complaints of sexual harassment. The Committee also notes that the PIT-CNT emphasizes that, although the increase in complaints received by the IGTSS since 2021 may be due to a greater willingness to report and improvements in reporting channels, the delays in their handling and resolution are a matter of concern, given the significant volume of complaints and the need to strengthen the capacity of the labour inspectorate in this regard. The Committee asks the Government to: (i) provide information on the measures taken to strengthen the capacity of the labour inspectorate to handle complaints of violence and harassment (such as training of inspectors and judges, the development of guidelines, and measures to ensure that the labour inspectorate has the necessary resources); and (ii) continue providing information on the number of cases brought to the attention of the labour inspectorate and other competent authorities, as well as on the penalties imposed and the remedies granted.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes in relation to the Bill that: (i) section 11 establishes protection against dismissal or disciplinary sanctions taken in retaliation against the affected worker and witnesses; and (ii) section 12 provides that administrative or judicial decisions that do not establish the existence of the reported harassment or violence shall not affect the validity of the employment relationship, while allowing for the corresponding criminal action where a complaint has demonstrably been lodged through deceit or fraudulent means. In this regard, the Committee notes the indication by the PIT-CNT that the Bill provides for specific time limits for internal investigation procedures, but not for the activities of the labour inspectorate. The Government responds, in this regard, that the IGTSS acts in accordance with the procedure for violations of fundamental rights set out in Decree No. 371/022. The Committee also notes that the PIT-CNT and the Government express differing views regarding the legal nature of dismissal in retaliation (null and void or abusive) as provided for in section 11 of the Bill. With regard specifically to gender-based violence, the Committee notes the Government’s indication that the Gender-Based Violence Response System receives and provides an initial response to situations of work-related sexual harassment and other forms of gender-based violence. The Committee asks the Government whether consideration has been given to ensuring that section 11 of the Bill provides protection, not only against sanctions or dismissal, but against any unfavourable measure taken in retaliation for lodging a complaint of violence and harassment (such as, for example, a change in working conditions). The Committee also asks the Government whether consideration has been given to extending the coverage of some of the existing complaint or support mechanisms to cases of gender-based violence and harassment against all persons.

Easy access to appropriate and effective remedies. The PIT-CNT emphasizes that the Bill appears to underestimate remedies for work-related harassment (minimum compensation of three months’ wages), in contrast with sexual harassment (minimum compensation of six months’ wages provided for in the specific legislation). The Committee asks the Government to provide information on progress made in relation to the Bill. It also asks the Government to provide examples of remedies that have been granted in specific cases of violence and harassment in the world of work.

Article 10(c). Protection of privacy and confidentiality. The Government indicates that, under a 2012 resolution of the Ministry of Labour and Social Security, information relating to inspections and complaints of non-compliance with labour standards – particularly sexual harassment and work-related harassment – is treated as confidential until a final decision is issued. The Committee also notes that, under section 14 of Decree No. 371/2022, labour inspectors are required to maintain the confidentiality of the reports and complaints they receive, and that section 8 of the Bill to implement the Convention provides that employers must conduct internal investigations on a confidential basis. The Committee notes this information.

Article 10(d). Sanctions. The Committee notes the Government’s explanation, in response to its previous comment, that a serious infringement is deemed to be any “failure to comply with legal requirements affecting substantive aspects of employment relations” (section 5(i) of Decree No. 186/004). The Committee asks the Government to provide information on cases in which section 5(i) has been applied to conduct involving violence and harassment in the world of work.

Article 10(f). Domestic violence. The Committee recalls that section 40 of Act No. 19.580 provides for a series of measures to ensure the retention in work of women victims of violence, and emphasizes that, while women are typically more exposed to domestic violence, men can also be victims of this phenomenon. The Committee once again asks the Government to indicate whether section 40 of Act No. 19.580, or other similar measures, apply to cases of domestic violence against all persons.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Government once again refers to the legislative provisions that allow for the adoption of precautionary protection measures once a complaint has been lodged. The Committee notes that Article 10(g) of the Convention concerns the right to remove oneself from a work situation without the need to have lodged a complaint. The Committee once again requests the Government to provide information on the measures taken or envisaged aimed at recognizing the right to remove oneself from a work situation in cases of violence and harassment and the duty to inform management.

Article 11(a). Addressing violence and harassment in relevant policies. The Government refers to: (i) the National Plan for a Life Free from Gender-based Violence against Women 2022–24, which provides for expanded support and counselling in cases of work-related gender-based harassment and violence, and the development of documents and guidelines on work-related sexual harassment;); (ii) the Gender Equality Quality Model (MCEG) certification, which includes among its required measures the prevention and monitoring of sexual harassment and gender-based violence; and (iii) the Specialized Gender Units, which provide guidance to mainstream the response to gender-based violence throughout the functioning of all State bodies. The Committee once again asks the Government to provide information on the measures taken under policies concerning trans persons (as set out in Act No. 19.684), and under occupational safety and health policies (such as those of the CONASSAT and the sectoral tripartite committees), to address violence and harassment in the world of work.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee notes that the Government provides information on measures taken: (i) through the IGTSS and the National Institute for Women to establish work-related sexual harassment committees and to train their members, as well as to provide training on harassment and violence to public and private bodies, sectoral tripartite committees, and officials responsible for assessing the MCEG; (ii) to inform participants in the ACCESOS programme of their right to work that is free from violence and harassment; and (iii) to systematize contentious-administrative case law relating to the activities of the IGTSS concerning work-related harassment and sexual harassment. The PIT-CNT also indicates that model collective bargaining clause proposals have been drafted, and that the Ministry of Labour and Social Security has published a manual for the prevention and elimination of work-related gender-based violence. The Committee asks the Government to provide any available information on the level of participation of men and women in the initiatives it continues to implement, and to indicate whether any of them have been provided in accessible formats as appropriate.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) received on 31 August 2022. The Committee also notes the Government’s reply to those observations received on 8 October 2022.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. In its report, the Government refers to Act 19.580 of 2018 “on gender-based violence against women”, which: (1) defines gender-based violence against women and its various forms, such as physical, psychological, sexual and economic violence, due to prejudice against sexual orientation, gender identity or expression, and violence at work (sections 4 and 6); and (2) prohibits all forms of discrimination against women, including gender-based violence against women as being a form of discrimination (sections 4 and 5). The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has stated that “violence which is directed against a woman because she is a woman or that affects women disproportionately” is a form of discrimination against women (CEDAW General recommendations No. 19, para. 6; and No. 35, para. 1). The Government also provides information on Act 18.561 of 2009 “on sexual harassment, and prevention and punishment regarding the workplace and in teacher-student relations”, which defines sexual harassment (sections 2 and 3). The Committee also notes that Act 17.817 of 2004 “against racism, xenophobia and all other forms of discrimination” includes the exercise of physical and moral violence in the definition of the term discrimination. Also, the Criminal Code defines as a crime certain conduct that could cover forms of violence and harassment in the world of work, such as the crime of injury, theft or insult.

The Committee notes that the provisions of Acts 19.580 and 18.561 define some of the forms of gender-based violence and harassment covered by Article 1(1)(b) of the Convention, and highlights that the concept of “gender-based violence and harassment” provided for in this Article is broader as it covers all persons, and not only women, and is not limited to sexual harassment. The Committee also emphasizes that Article 1(1)(a) of the Convention sets out a definition of violence and harassment that includes behaviours, practices and threats against all persons, men and women, beyond gender-based violence and harassment, and covers violence and harassment regardless of whether it is based on discriminatory grounds. The Committee notes that the PIT-CNT states, in its observations, that a Bill is being prepared in the country to give effect to the Convention. It considers that the Bill runs counter to the Convention by stipulating that acts of harassment must be repeated. In response, the Government reports on the process followed to date to prepare the proposal, and indicates that it will communicate the outcome of further progress.

The Committee asks the Government to clarify whether Act 17.817 covers forms of violence and harassment in the world of work that are not covered by other laws (given that Act 18.561 is focused on sexual harassment) and forms of gender-based violence and harassment against all persons (given that Act 19.580 is addressed to women). Given that a bill is being prepared to give effect to the Convention, the Committee considers that it would be appropriate to take this opportunity to define and prohibit all forms of violence and harassment in the world of work covered by Article 1 of the Convention and that are not already defined and prohibited by existing legislation, including those that are not based on grounds of discrimination, as well as violence and harassment based on sex or gender against all persons. The Committee requests the Government to provide information on the progress relating to the adoption of the above bill and reminds the Government that it may avail itself of the technical assistance of the Office if necessary.

Articles 2 and 3. Scope of application. Personal scope. The Government indicates that Acts 19.580 and 18.561 “protect all workers without exclusions and with no categories of workers being excluded”, and that the General Inspectorate of Labour and Social Security (IGTSS) oversees their implementation, protecting all workers on an equal footing. It also indicates that these Acts do not distinguish between the public or private sector, the formal or informal economy, or urban and rural areas. The Committee notes in particular that Act 18.561: (1) refers to labour relations and to harassment that is detrimental to the work situation, the work environment or people’s current or future situation (sections 1, 2 and 3); and (2) covers agency workers, pursuant to Decree No. 256/017 regulating the above Act (section 10). The Committee requests the Government to provide information on the application in practice of Act 18.561 with respect to the protection of the persons mentioned in Article 2, taking into account that the Act refers to labour relations and the work situation.

The world of work. The Committee notes the Government’s indication that, although the legislation does not contain explicit references to the contexts provided for in Article 3 of the Convention, Act 18.561 can be applied to these contexts. The Committee also notes that Act 19.580 sets out a scope of general application. The Committee requests the Government to provide information, if available, on how Acts 18.561 and 19.580 have been applied in practice in cases of violence and harassment in the world of work that have occurred in the contexts provided for in Article 3(a) to (f).

Article 4(2). An inclusive, integrated and gender-responsive approach.The Committee notes the information provided by the Government in its report and welcomes the efforts made to prevent and eliminate violence and harassment in the world of work. The Committee notes that: (1) although most of the current measures focus on sexual harassment and violence against women, a bill is being drafted to address other forms of violence and harassment in the world of work; (2) the treatment of gender-based violence in Act 19.580 is limited to violence against women; and (3) Act 19.684 of 2018 is aimed at ensuring the right of trans persons to a life free from discrimination and stigmatization. The Committee hopes that the government will seize the opportunity of the current drafting of the Act on violence and harassment to take into consideration all the provisions set forth in Article 4(2), and to cover violence and harassment on grounds of sex or gender against all persons.

Article 6. Equality and non-discrimination.The Government refers to a series of measures to promote equality and non-discrimination in general and in employment and occupation in particular, such as the development of information and awareness-raising campaigns on ILO standards, and on the plan concerning equal opportunity and treatment in employment, as well as the conclusion of an agreement on a provision regarding non-discrimination to be included in collective agreements. The Committee notes this information and refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 8. Appropriate preventive measures.The Committee notes the Government’s indications that: (1) the IGTSS can receive reports of violence and harassment from informal workers, and further to its intervention, it promotes workers’ regularization through the social security institution; and (2) the enterprise bodies for cooperation among employers, workers and the sectoral tripartite committees for each sector or branch of activity, established by Decree No. 291/007, may address the issue of violence and harassment at work. The Government refers in particular to the measures relating to equality and prevention of sexual harassment, and harassment at work, adopted in the transportation and storage sector by the Wage Council (Group 13). The Committee also notes that Acts 19.580 and 18.561 expressly recognize the responsibility of the State to prevent, respectively, gender-based violence against women and sexual harassment in the workplace. The Committee requests the Government to provide information on:

• (i)the number of cases of violence and harassment against informal workers that have been brought to the attention of the IGTSS, as well as the protection measures and the sanctions adopted in this regard;
• (ii)the measures taken or planned for the prevention of violence against informal workers, including those aimed at preventing violence and harassment by the public authorities; and
• (iii) the specific sectors, occupations and work arrangements, where, in consultation with the workers’ and employers’ organizations concerned, a higher incidence of violence and harassment has been identified, and prevention and protection measures taken in this regard.

Article 9. Responsibilities of employers.The Committee notes the Government’s reference to Act 18.561, under which “every employer or manager must [...] adopt measures to prevent, discourage and punish sexual harassment” (section 6). It further notes that: (1) Act 19.580 requires public and private bodies, agencies and institutions to adopt measures to prevent and protect against gender-based violence that occurs within institutions (section 47); and (2) Decree No. 291/007 sets forth the obligation of employers to guarantee safety and health for workers in all areas relating to work (section 2).

Workplace policy. The Committee notes the Government’s indications that: (1) Decree No. 256/017, implementing Act 18.561, includes the possibility for the employer to adopt protocols for the prevention of sexual harassment (section 3), and sets out the necessary components of the procedure (section 4); and (2) under section 6(i) of Decree No. 680/977, the IGTSS can, within the context of its investigations, order, as preventive measures, the adoption of protocols to address violence and harassment in the workplace. While noting the above-mentioned decrees that provide for the possibility of adopting protocols for the prevention of sexual harassment, the Committee considers that, under Article 9(a) of the Convention, legislation should require the adoption and implementation of workplace policies on violence and harassment, such that they may be adapted to what is considered to be reasonable and practicable (for example, depending on the size or activity of the enterprise). The Committee requests the Government to provide information on the measures taken in this regard and recalls the importance of ensuring that workers and representatives are consulted in this respect. The Committee also requests the Government to indicate the circumstances in which the IGTSS usually orders the adoption of protocols as a preventive measure to address violence and harassment at work.

Violence and harassment to be taken into account in the management of occupational safety and health. The Government indicates that bipartite cooperation bodies in enterprises may address the issue of violence and harassment. The Committee also notes that, with regard to the identification of hazards and risk assessment: (1) Decree No. 291/007 establishes the capacity of bipartite bodies to plan the prevention and treatment of occupational hazards; and (2) Decree No. 256/017 provides for the adoption of periodic measures of inspection and evaluation of the work environment when an investigation has been completed in this regard (section 3). The Committee requests the Government to provide information on the manner in which employers and bipartite cooperation bodies deal with issues of violence and harassment in the world of work in practice (for example whether such bodies are consulted in the development of workplace measures or how incidents of violence and harassment are taken into account in the identification of risks).

Information and training. The Committee notes the Government’s reference to Act No. 18.561, which establishes the obligation of the employer or manager to “communicate and disseminate to supervisors, representatives, workers, clients and suppliers [...] the existence of a consistent institutional policy against sexual harassment” (section 6), and its Regulatory Decree No. 256/017, which includes the possibility for employers to impart training courses for staff relating to sexual harassment and to adopt dissemination measures to ensure that workers are aware of the policy against sexual harassment (sections 3, 5 and 7). The Committee also refers to Decree No. 291/007 which provides for the planning of training relating to occupational safety and health of the bipartite cooperation bodies. The Committee requests the Government to provide information on:

• (i)the penalties provided for in the case of failure to comply with the information and training obligations under Act No. 18.561 and its Regulatory Decree No. 256/017, and Decree No. 291/007; and
• (ii)the measures adopted, where appropriate, to ensure that such information and training is provided in an accessible format.

Article 10(a) and (h). Monitoring and law enforcement. The Government indicates that the IGTSS is the body responsible for the monitoring and enforcement of the legislation on violence and harassment at work, and refers to Decree No. 680/977, which establishes the competences of the IGTSS for, inter alia: (1) monitoring compliance with and application of the legislative and regulatory provisions, and evaluating the application of the legislation (section 6(b) and (l)); and (2) requesting, on its own initiative, the immediate adoption of the relevant safety and health provisions, or the closure of the affected sector or premises, according to the severity or imminence of the hazard and in conformity with the legal standards (section 6(i)). The Government also states that between June 2021 and May 2022, 29 complaints of sexual harassment and seven complaints of discrimination were submitted. The Committee further notes that specific bodies are established under Act No. 19.580 (the National Institute for Women, the national advisory council for a life free of gender-based violence against women and the observatory on gender-based violence against women) and Act No. 17.817 (the honorary commission against racism, xenophobia and all other forms of discrimination) with a mandate to register data and monitor compliance with these Acts respectively. The Committee requests the Government to continue to provide information on the number of cases of violence and harassment in the world of work brought to the attention of the labour inspectorate and other competent authorities, as well as on the penalties imposed and the remedies granted.

Article 10(b), and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures.The Committee notes the Government’s reference to: (1) the IGTSS as the main mechanism for complaints and investigations into cases of violence and harassment, and the establishment through Decree No. 680/977 of its competence to intervene directly, investigate, conduct proceedings and impose penalties (section 6(c), (f) and (k)); (2) the possibility for appeal of the IGTSS cases before the administrative courts; and (3) the free assistance offered to workers, enterprises and trade unions by the IGTSS Complaints and Advice Office on the legislation on violence and harassment and the filing of complaints. The Committee also welcomes the fact that Act No. 18.561 and its Regulatory Decree No. 256/017 on sexual harassment, referred to by the Government, provide for: (1) the possibility for workers to submit complaints for sexual harassment within their enterprise or organization, and the establishment of workplace protocols relating to complaint mechanisms and investigation procedures; (2) the powers and procedures of the IGTSS for investigation and punishment in cases of sexual harassment; (3) the institution of amparo proceedings without the need to exhaust other prior remedies; (4) the protection of the worker concerned and of witnesses against dismissal or disciplinary sanctions, and a presumption of retaliation if the action is taken within 180 days of the submission of the complaint; (5) various measures to protect the psychological and physical health of the victim and against the harmful effects of the reported situation on victims and witnesses, such as adjusting timetables or avoiding tasks involving contact between the complainant and the suspect; and (6) the possibility for trade unions to submit complaints before the IGTSS and to participate in the proceedings. The Committee also notes that Act No. 19.580: (1) establishes the obligation of public and private bodies, agencies and institutions to adopt measures for the investigation and punishment of gender-based violence against women that occurs within the institution, under the application of the provisions of Act No. 18.561; and (2) includes measures to ensure access to complaints mechanisms for women with disabilities and rural women. Regarding the existence of safe reporting and dispute resolution mechanisms and procedures, the Committee requests the Government to indicate whether there are other measures for, – or if it has considered extending the application of the measures foreseen for cases of sexual harassment and gender-based violence against women to – cases concerning other forms of harassment and violence that are not based on grounds of discrimination or that are not committed against women.

The Committee notes that Act No. 19.580 contains various specific provisions for cases of gender-based violence against women, such as: (1) the right of victims not to have their testimony devalued on the basis of gender stereotypes (section 7); (2) the competence of the specialized criminal courts for gender-based, domestic and sexual violence and the Montevideo criminal prosecutors’ offices for sexual offences, domestic violence and gender-based violence (sections 51 and 58); (3) the coordination of an integrated care system for victims of violence against women that offers psychosocial care, legal advice and support, support when the complaint is submitted and processed, health care, housing solutions and job placement, among others; and (4) the adoption of precautionary measures for the protection of victims in cases of violence against women (sections 63 to 65). In addition, Decree No. 256/017 establishes prima facie evidence in cases of sexual harassment (section 15). The Committee requests the Government to indicate whether it has considered extending the measures applicable for cases of sexual harassment and gender-based violence against women to other cases of gender-based violence and harassment in the world of work, or if other specific measures are envisaged.

Easy access to appropriate and effective remedies.The Committee notes that Act No. 18.561 establishes the right of workers victims of sexual harassment to opt for minimum compensation for moral damages or to consider themselves indirectly dismissed, in which case the dismissal will be considered abusive and will entitle the worker to a special compensation that may be accumulated to the general compensation in the case of sexual harassment (section 11). The Committee requests the Government to specify the remedies that exist for other forms of violence and harassment in the world of work.

Article 10(c). Protection of privacy and confidentiality.The Government indicates that: (1) only the parties determined by the investigator have access to the files of the IGTSS; (2) section 8 of Act No. 18.561, which provides for the confidential interviews of witnesses by the IGTSS in proceedings relating to sexual harassment at work, applies by analogy to situations of violence and harassment; and (3) Act No. 19.854 establishes that the IGTSS may conduct interviews with witness under protection in investigations of moral harassment and discrimination. The Committee also notes that: (1) under Act No. 19.580, criminal proceedings for violence against women may be conducted in closed hearings (section 75); (2) the same Act establishes the right for women victims of violence to have their confidentiality and privacy of their personal data guaranteed (section 7); and (3) in sexual harassment proceedings, the employer must keep confidential the proceedings instituted, and the identity of victims and witnesses (section 6 of Act No. 18.561). The Committee emphasizes that the reference to “the individuals involved” in Article 10(c) of the Convention comprises not only victims and witnesses, but also suspects. The Committee requests the Government to provide information on the measures taken, to the extent possible and as appropriate, to protect the privacy of those suspected of violence and harassment in the world of work, and to prevent the misuse of privacy and confidentiality requirements.

Article 10(d). Sanctions.The Committee notes the Government’s indication that: (1) in accordance with Decree No. 186/2004 regulating labour infringements, violence and harassment qualify as a serious infringement, and sexual harassment and discrimination as a very serious infringement, and monetary penalties are applicable according to various criteria; and (2) under Act No. 15.903, the IGTSS is competent to impose penalties on enterprises that commit infringements. The Committee also notes that: (1) in accordance with section 4 of Act No. 18.561, the perpetrator of sexual harassment will be punished in line with the seriousness of the conduct, and may be dismissed for gross misconduct and, in the case of a public servant, the conduct will be classified as serious misdemeanour; and (2) the Criminal Code provides for relevant sanctions for various types of conduct that could constitute violence and harassment in the world of work, and that in the case of violence against women, a monetary penalty may be added to the sentence (section 80 of Act No. 19.580). The Committee requests the Government to specify the provisions of Decree No. 186/2004 according to which violence and harassment at work can be qualified as serious crimes.

Article 10(f) Domestic violence. The Government refers to section 40 of Act No. 19.580, which provides for a series of measures to ensure the retention in work of women victims of violence, including domestic violence, such as: full payment of their salary or wages while they attend hearings, expert opinions or other proceedings or actions, special leave with pay for 24 hours, flexible hours or changes to their timetable or place of work, and stability in their job for a period of 6 months. The Committee also notes that Act No. 17.514 of 2002 provides for the possibility of prohibiting, restricting or limiting the presence of the perpetrator of domestic violence in the victim’s workplace. The Committee requests the Government to provide information on the applicability of section 40 of Act No. 19.580 to cases of domestic violence against all persons.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management.The Committee notes Decrees Nos. 680/977 and 256/017, to which the Government refers. The Committee also recalls its comments concerning the implementation of the Occupational Safety and Health Convention, 1981 (No. 155), in which it requested the Government to take the necessary measures to ensure that national legislation provides for such a right in the area of occupational safety and health. The Committee requests the Government to provide information on the measures adopted aimed at recognizing the right to remove oneself from a work situation for cases of violence and harassment and the duty to inform management of this situation.

Article 11(a). Address violence and harassment in relevant policies. The Committee notes the Government’s indication that violence and harassment are addressed in the bipartite cooperation bodies and the sectoral tripartite committee for preventing and addressing occupational risks established by Decree No. 291/007, as well as in the National Occupational Safety and Health Council (CONASSAT) and the IGTSS, which includes an occupational health and safety perspective. In addition, the Committee notes that: (1) gender-based violence against women, including violence at work, is covered in Act No. 19.580 on gender-based violence, which also addresses the situation of migrant women victims of gender-based violence (section 43); (2) Act No. 17.817 addresses physical and psychological violence on various grounds of discrimination with a general scope; (3) Act No. 18.520 establishes equal labour rights for foreign workers; and (4) the national gender equality strategy includes certain measures to prevent sexual harassment at work (policy guidelines VIII.2 and X.3). The Committee also notes that Act No. 19.684 provides that the design, promotion and implementation of public policies and affirmative action targeting trans persons who reside in Uruguay, and who have historically been victims of discrimination and stigmatization, are of public interest. The Committee requests the Government to provide information on the manner in which the national policy framework on trans persons and on occupational safety and health address, in practice, the issues of violence and harassment in the world of work.

Article 11(b) and (c). Training tools and guidance, and awareness-raising campaigns. The Committee notes the Government’s indication that: (1) the National Employment and Vocational Training Institute (INEFOP) carries out training courses for enterprises and workers on the Convention and that the IGTSS requires that the relevant training is carried out in enterprises; (2) various awareness-raising and training measures have been taken on issues relating to violence and harassment for the competent authorities, such as the committees that deal with cases of sexual harassment, the IGTSS and other State bodies; and (3) the National Institute for Women carries out promotion activities, such as television advertisements and leaflets on sexual harassment. The Committee requests the Government to continue to provide information on the training tools and guidance, and awareness-raising campaigns put in place on the subject of violence and harassment in the world of work, including data on the level of participation of men and women in such initiatives, and the criteria adopted to ensure they are provided in an accessible format.