Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Uruguay (Ratification: 1987)

Previous comment

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government relating to the tripartite consultations held on international labour standards between 2017 and 2022. The Government indicates that the reports on the ratified Conventions are discussed by the various organizations after they have been prepared by the tripartite group on international standards of the Ministry of Labour and Social Security. In addition, in the Tripartite Advisory Commission, consultation is undertaken with the organizations regarding the possible ratification of unratified Conventions, as well as the submission of various Conventions and Recommendations, and the organizations’ comments are included in the corresponding submission files. The Government indicates that, in this setting, ratification was agreed of the Night Work Convention, 1990 (No. 171) and the Violence and Harassment Convention, 2019 (No. 190), which were ratified on 4 June 2018 and 12 June 2020, respectively. Additionally, the Government indicates that discussions included the possible ratification of Protocol 029 – the Protocol of 2014 to the Forced Labour Convention, 1930, Protocol 155 – the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which are being examined in the Tripartite Advisory Commission. The Government also indicates that, before formulating its response, it sent the organizations, with a view to gathering their opinions, Report form VII(1): Abrogation of one international labour Convention and withdrawal of four Conventions, one Protocol, and 18 Recommendations, which was on the agenda of the 111th Session of the International Labour Conference. Lastly, the Government indicates that tripartite consultations are held on matters relating to occupational safety and health in the National Occupational Safety and Health Council (CONASSAT), which meets monthly. The Government indicates, for example, that resolutions adopted in the context of the pandemic regarding prevention, control and response measures for COVID-19, were agreed upon in CONASSAT.

The Committee notes, however, that in its observations, the PIT-CNT maintains that the Tripartite Advisory Commission has not met for two years. The PIT-CNT states that there are no forums for genuine discussion and that the Ministry of Labour and Social Security only sends information by email. In its response, the Government indicates that for over 15 years the tripartite consultations required by this Convention have been carried out in accordance with the procedure agreed upon in the Tripartite Advisory Commission and that, to date, none of the organizations have expressed concerns in this regard. The Government indicates that, in accordance with the above-mentioned procedure, it sends the draft reports on the application of ratified Conventions (article 22 of the ILO Constitution), as well as those on unratified Conventions (article 19 of the ILO Constitution) to both the workers’ and the employers’ organizations. The Government adds that these drafts are sent to allow both parties to discuss them and make their comments prior to the finalization of the reports or observations, if deemed appropriate. The same procedure is implemented with regard to the items on the Conference agenda and the comments on the draft texts to be discussed at the Conference. With respect to the tripartite consultations held on the submission, examination of unratified Conventions or proposals for the derogation of ratified Conventions, the Government indicates that such consultations are held in the Tripartite Advisory Commission, where the matters to be discussed are raised, and where it is decided whether the subsequent discussions will take place by email or will require further meetings. It adds that this increases the efficacy of the processes, as frequently the members of the Tripartite Advisory Commission participate in other commissions under the Ministry of Labour and Social Security. Lastly, the Government provides examples of social dialogue and tripartite consultation held in various forums during the reporting period, such as the Special Labour Commission on Work Organization Observations. The Committee requests the Government to continue to send detailed and updated information on the frequency, content and outcome of the tripartite consultations held on all the matters related to the international labour standards covered by the Convention. The Committee also requests the Government to provide information on how it takes into account the opinions expressed by the workers on the working of effective prior consultative procedures required by the Convention.