Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Domestic Workers Convention, 2011 (No. 189) - Uruguay (Ratification: 2012)

The Committee notes the detailed information provided by the Government in its first report on the application of the Convention.

Article 2 of the Convention. Scope of application. Exclusions. The Committee notes that Act No. 18065 of 26 November 2006 concerning domestic work does not exclude any category of workers from its scope of application. The Committee also notes that under section 2(b) of Decree No. 224/007, work carried out by rural domestic staff is not considered domestic work. The Committee requests the Government to indicate the legal regime under which rural domestic workers are covered.

Article 7. Clear information on employment conditions. Written contract of employment. The Government reports that in the collective agreement dated 10 November 2008, the parties agreed to take measures to raise awareness throughout the country of the formalization of domestic work contracts and that, pursuant to the collective agreement dated 10 April 2013, the wage board would develop a model employment contract for domestic work by July 2015. While noting this information, the Committee hopes that the model contract to be developed by the wage board will include the elements set forth in Article 7 of the Convention. The Committee requests the Government to supply information on all progress made in this regard.

Articles 8(1), (2) and (4), and 9(c). Migrant domestic workers. Written job offer. Repatriation. Entitlement to retain travel and identity documents. The Committee notes that the relevant legislation and the Migration Act (No. 18250) of 6 January 2008 do not contain provisions that require migrant workers who are recruited in one country for domestic work in another, to receive a written job offer or employment contract stating the terms and conditions of employment, prior to crossing national borders, and do not establish the entitlement of migrant workers to repatriation on the expiry or termination of their employment contract, or to keep in their possession their travel and identity documents. The Government indicates that the social and labour aspects of the regional integration process are being developed. While hoping that the development of the social and labour aspects of the MERCOSUR integration process takes into account the provisions of these Articles of the Convention, the Committee requests the Government to provide information on all progress made in this regard.