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Night Work Convention, 1990 (No. 171) - Uruguay (RATIFICATION: 2018)

The Committee notes the Government’s first report and the laws and regulations applying the provisions of the Convention, and particularly Act No. 19313 governing night work and its Regulations, issued by Decree No. 234/015, both adopted in 2015.

Article 6(1) and (2) of the Convention. Certification of workers as unfit for night work. The Committee notes that section 6 of the Regulations of Act No. 19313 provides that workers engaged in night work who, for reasons of health, can no longer undertake night work, shall be transferred, whenever practicable, to a similar job during daytime hours. The Committee notes that neither Act No. 19313 nor its Regulations specify the benefits that shall be granted to such workers if it is not possible to transfer them to such a job. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that night workers who, for reasons of health, are certified as unfit for night work, are granted the same benefits as other workers who are unable to work or to secure employment, if it is not practicable to transfer them to a similar job for which they are fit, in accordance with the requirements of this Article of the Convention.

Article 7(3)(a) and (c). Maternity. Protection against dismissal and the loss of benefits regarding status, seniority and access to promotion. The Committee notes that neither Act No. 19313 nor its Regulations contain provisions establishing the protection measures envisaged in Article 7(3)(a) and (c) of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that, during the periods referred to in Article 7(1) of the Convention: (i) a woman worker engaged in night work shall not be dismissed or given notice of dismissal for reasons connected with pregnancy or childbirth (Article 7(3)(a) of the Convention); and (ii) the woman worker shall not lose the benefits regarding status, seniority and access to promotion which may attach to her regular night work position (Article 7(3)(c) of the Convention).

Article 9. Social services. Noting the absence of information on this subject, the Committee requests the Government to indicate the measures adopted for the provision of appropriate social services for night workers and, where necessary, for workers performing night work, with an indication of the nature of such services.