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

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Article 2 of the Convention. Scope of application. Exclusions. In its previous comments, the Committee requested the Government to indicate the legal regime under which rural domestic workers are covered. The Committee notes that the Government has not provided information in its report in this regard. The Committee therefore once again requests the Government to provide information on the legal regime under which rural domestic workers are covered.

Article 3(2)(a) and (3). Freedom of association and collective bargaining. The Committee notes the actions promoted by the Tripartite Commission for Equality of Treatment and Opportunity in Employment (CTIOTE) with the collaboration of the social partners, such as the organization of events with the participation of the employers’ organization the League of Homemakers and the Single Domestic Workers’ Union (SUTD), and the establishment of bodies to promote the formalization of domestic work during the summer season, in coordination with the SUTD. The Government also reports that, through an agreement with the University of the Republic, the workers’ and employers’ organizations in the domestic work sector receive labour advice free of charge. The Committee requests the Government to continue providing updated and detailed information on the measures adopted with a view to guaranteeing and promoting the rights to freedom of association and collective bargaining of domestic workers, and the activities of the social partners in the domestic work sector.

Article 5. Protection against abuse, harassment and violence. The Government refers to the adoption of Act No. 19.580 of 22 November 2017 on gender-based violence against women, section 6 of which sets out the various types of violence including workplace violence, which is defined as violence in a work context through actions that hamper women’s access to and promotion or stability in work, such as: psychological harassment; sexual harassment; requirements regarding marital status, age and physical appearance; requests for the results of clinical and laboratory tests not included in the applicable legal frameworks; or a reduction in wages for the work performed because the worker is a woman. Section 7 of the Act sets out the rights of women who have been victims of violence, such as the right to receive information regarding their rights and the mechanisms and procedures set out in the application legislation that is clear, accessible, complete, accurate, timely, age-appropriate and adapted to the sociocultural context. The Government refers to section 40 of the Act, which establishes measures to ensure that women who have been victims of gender-based violence remain in employment. This section provides for, among other measures, the hours or place of work to be made more flexible or changed, where possible and upon the worker’s request, and the adoption of protection measures against the violent situation so that it does not affect the worker’s right to work and their job security. The Committee requests the Government to provide information on the application in practice of this Article of the Convention, including statistical information on the number of complaints received by the various competent bodies relating to harassment, abuse and violence in the context of domestic work, the outcomes of those complaints, the penalties imposed on the perpetrators and the compensation awarded. Recalling that the Convention protects both men and women domestic workers, the Committee requests the Government to provide information on the manner in which it is ensured in practice that men domestic workers also enjoy effective protection against all forms of abuse, harassment and violence in the workplace.

Article 7. Clear information on employment conditions. Written contract of employment. In its previous comments, the Committee requested the Government to provide information on any progress made regarding the development by the wage board of a model contract for the domestic work sector. The Government indicates that the national legal system does not establish a requirement for written contracts of employment in the domestic work sector. However, the Committee notes that Government has not provided information in its report regarding the development of a model contract for the domestic work sector. The Committee requests the Government to send detailed information on the measures adopted or envisaged to ensure in practice that domestic workers are informed of their terms and conditions of employment – particularly those set out in this Article of the Convention – in an appropriate, verifiable and easily understandable manner and preferably, where possible, through written contracts in accordance with national laws, regulations or collective agreements. Furthermore, the Committee requests the Government to provide information on measures taken to establish a model contract in the domestic work sector, and to provide a copy once it has been adopted.

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 the Government’s general indication in its report that Act No. 18.250 of 6 January 2008 on migration and its implementing Decree No. 394/009 of 24 August 2009 establish the principle of equal treatment to nationals with regard to labour and social security and define the criminal offences of smuggling and trafficking in persons. However, the Committee notes that the Government has not provided information on the application in practice of this Article of the Convention. The Committee also notes that, in its concluding observations of 25 July 2016, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the lack of effective protection for women domestic migrant workers (CEDAW/C/URY/CO/8-9, paragraph 33(c)). The Committee requests the Government to provide detailed information on the national legislation under which migrant domestic workers who are recruited in one country for domestic work in another shall receive a written job offer, or contract of employment, specifying the terms and conditions of employment referred to in Article 7, prior to crossing national borders for the purpose of taking up domestic work (Article 8(1)). The Committee also requests the Government to indicate any measures taken in cooperation with other ILO member States to ensure the effective application of this Convention to migrant domestic workers (Article 8(3)). The Committee also requests the Government to indicate the legislation or other measures under which migrant domestic workers are entitled to repatriation on the expiry or termination of the employment contract for which they were recruited (Article 8(4)).

Article 11. Minimum wage. Discrimination based on sex. The Government indicates that domestic workers are included in the minimum wage fixing system by job category and area of activity. In this respect, the Committee notes that, on 19 April 2016, group 21 (domestic service) of the wage board established the minimum wage for the sector and the wage adjustments to be introduced until 30 June 2018. The Committee refers to its 2014 comments on the application of the Equal Remuneration Convention, 1951 (No. 100), in which it recalled that for a number of years the Committee has been referring to the lack of any definition of the terms “remuneration” or “work of equal value” in the legislation and to the gender wage gap. The Committee also notes that, according to statistical information provided by the Government, the wage gap is more severe in sectors predominantly employing women (51 per cent in domestic work). Regarding the fixing of wages at a sectoral level, the Committee recalls that there is a tendency to set lower wages for sectors predominantly employing women (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee refers to its previous comments on the application of Convention No. 100 and trusts that the Government will adopt the necessary measures to amend the relevant legislation with a view to guaranteeing equal remuneration for men and women domestic workers for work of equal value. The Committee also requests the Government to provide information on the number and the outcomes of the complaints presented in the area of domestic work in relation to the requirement to pay no less than the minimum wage.

Article 14. Access to social security. The Committee notes that the Government recalls that, under the provisions of Act No. 18.065 on domestic work, general labour legislation on social security is applicable to domestic workers. In this regard, the Government indicates that it has recognized the rights of domestic workers to, inter alia, unemployment insurance and health insurance. Furthermore, the Government reports the conclusion of a collective agreement on 19 April 2016, which provides for the establishment of a social fund from June 2016, to be funded using contributions from workers and employers of 0.03 per cent of the amount considered to be taxable for the purposes of social security contributions. This fund aims to encourage the development of workers’ and employers’ organizations in the domestic work sector and promote the establishment of care centres for those involved in the sector. However, the Committee notes that, in its concluding observations of 25 July 2016, CEDAW expressed concern about the lesser accumulation of social security contributions by women employed in the domestic and care sector (CEDAW/C/URY/CO/8-9, paragraph 33(d)). The Committee requests the Government to provide information on the gender gap regarding accumulation of social security contributions in the domestic work sector, and the measures adopted or envisaged with a view to increasing the accumulation of social security contributions by women domestic workers. It also requests the Government to provide detailed information on the social fund for the domestic work sector established under the collective agreement of 19 April 2016, including statistical information, disaggregated by sex, on the domestic workers who participate in the fund and the manner in which the funds have been used.

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Article 17(2) and (3) of the Convention. Labour inspection and penalties. Access to household premises. The Committee notes with interest the detailed information sent by the Government on measures taken in relation to labour inspection in the domestic work sector. The Government indicates that the methodology used by the labour inspectorate in this sector is based on: specific complaints, routine inspections, operations covering broad sectors of workers at a particular time, and coordinated inspections with an integrated approach (that is, involving action by other bodies with competence in related areas, for example with regard to migrant workers, the work of young persons or human trafficking for labour exploitation). The Government indicates that there is a protocol for complaints according to which, in the event that informal domestic work is suspected, the household concerned is automatically inspected, together with other households in the area. This meets the twofold objective of conducting inspections in a large number of households while preventing the complainant from being exposed. The Government also indicates that since 2013 the number of complaints received has increased and a special scheme is being devised to detect domestic work done by foreigners. The Committee also notes the information in the report sent by the Government entitled “Inspection of domestic work during the 2010–16 period”. The report highlights a qualitative increase in inspections in the sector through the adoption of measures such as the reinforcement of training for the labour inspectorate with regard to the legislation concerning the domestic work sector. According to the report, many cases of non-compliance identified during inspections relate to infringements regarding wages and situations of vulnerability at work for foreign workers mainly originating from Peru, the Dominican Republic, Paraguay, Bolivia and Brazil. Lastly, the Government indicates that it has received requests from other Latin American countries to share good inspection practices in the domestic work sector. The Committee requests the Government to continue providing detailed information on the specific measures taken or contemplated relating to labour inspection with due regard for the special characteristics of domestic work, and bearing in mind the presence of foreign workers. It also requests the Government to provide information on the number of inspections in the sector, the number and type of infringements detected, and the penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.

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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.