Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Uruguay (RATIFICATION: 1995)

CMNT_TITLE

Article 3 of the Convention. National policy for the hotel and catering sector. In its previous comments, the Committee requested the Government to indicate any steps taken or envisaged, in consultation with the social partners, with a view to adopting and implementing a national policy for the improvement of the working conditions of hotel and restaurant workers. The Committee notes that, according to data from the Investigations and Statistics Unit of the Ministry of Tourism, direct employment in this sector represents 6.3 per cent of the total jobs generated by the economy. The Government indicates that the majority of jobs come from restaurant, bar and cafeteria activities (39.4 per cent), passenger transport (23.8 per cent) and accommodation (20.3 per cent). The Committee notes the Government’s indication that the Ministry of Tourism’s priorities include the professionalization of the sector based on lifelong learning and quality education, including training for workers in the sector. In this context, in 2016, the Tourism Sectoral Group was set up, composed of the National Institute for Employment and Vocational Training, the Tourism Chamber of Uruguay, the Single Union of Catering and Restaurant Workers of Uruguay and the Ministry of Tourism. This body determines the training requirements for the sector and collaborates in the implementation of national training programmes and plans. The Committee also notes the Government’s information concerning the content of various courses held and the participants at those. In addition, the Committee notes the signing of the sectoral collective agreement for group No. 12: “hotels, restaurants and bars” of the Salary Council, which establishes pay rises for workers in the sector and which was envisaged to remain in force until 30 June 2018. The Committee notes, however, that the Government’s report does not include information on measures taken or envisaged with a view to developing and implementing a national policy for the improvement of the working conditions of workers in that sector. The Committee therefore reiterates its request to the Government to provide detailed and updated information on measures taken or envisaged, in consultation with the employers’ and workers’ organizations concerned, with a view to adopting and implementing a national policy for the improvement of the working conditions of hotel and restaurant workers, as required under this Article of the Convention. It also requests the Government to provide updated information on the application of the Convention in practice, in particular statistical information regarding visits conducted by the labour inspectorate and their outcome, disaggregated by age and sex; recent studies on the working conditions for workers in the sector, as well as any other information relating to the policy for the improvement of working conditions of workers in the sector.

CMNT_TITLE

Article 3 of the Convention. National policy for the hotel and catering sector. The Committee notes the adoption of Act No. 18.856 of 16 December 2011, which provides that workers in hotels and restaurants are entitled to 36 consecutive hours of weekly rest following 44 hours of work while the minimum period of rest may not be less than 16 hours in each 24-hour period. The Committee also notes the 2012 collective agreement for the hotel and restaurant sectoral group (Notice No. 47647/012, published on 27 November 2012) which sets minimum wage rates for the period 2012–15. Further, the Committee notes the Government’s indications concerning the technical training courses provided by the University of Labour of Uruguay as well as the introduction of a new programme for food, hotel and tourism which was launched on 26 March 2012. The Committee understands that tourism plays an important role for the national economy – representing 6 per cent of the country’s gross domestic product – and is also crucial in terms of employment creation. The Committee accordingly requests the Government to indicate any steps taken or envisaged – in consultation with the employers’ and workers’ organizations concerned – with a view to adopting and implementing a national policy for the improvement of the working conditions of hotel and restaurant workers, as required under this Article of the Convention.

CMNT_TITLE

Article 3, paragraph 1, of the Convention. Adoption and application of a policy designed to improve the working conditions of the workers concerned. Further to its previous comment, the Committee once again requests the Government to provide further information on the formulation and adoption, in consultation with the social partners, of a policy designed to improve working conditions in hotels, restaurants and similar establishments. It also requests it to provide recent information on national training programmes for hotel and restaurant workers, and to provide recent official studies on working conditions in the tourism sector in general, and in hotels and restaurants in particular.

Article 8. Application of the Convention through national laws or regulations and collective agreements. The Committee notes the adoption of Decree No. 267/08 of 10 June 2008 amending Decree No. 371/002 of 25 September 2002 respecting service providers in the rural tourism sector. It also notes the detailed information provided by the Government concerning the collective agreements covering the hotels, restaurants and bars sector. In this respect, the Committee notes the conclusion of several collective agreements for each of the eight subgroups constituting the hotels, restaurants and bars sector, which are in force until June 2010. The Committee notes that, further to the reactivation of wages councils, by virtue of Decree No. 138/2005, the rates of the minimum wages for the various categories of workers in hotels and restaurants and the procedures for their adjustment have been reissued in decrees adopted for this purpose. The Committee requests the Government to keep the Office informed of any developments in this field and to provide copies of the collective agreements applicable as from the month of June 2010.

Part V of the report form. Application in practice. The Committee requests the Government to provide recent information on the application of the Convention in practice indicating, for instance, the number of establishments and workers covered by the measures giving effect to the Convention, changes in the minimum wage rates applicable to the various categories of workers in the sector in relation to trends in the average wage at the national level, and reports of the inspection services indicating any difficulties encountered in the sectors to which the Convention applies, the number and nature of the violations reported, etc.

CMNT_TITLE

The Committee notes the last three reports sent by the Government and the documentation appended thereto.

Articles 1 and 2 of the Convention. The Committee notes that in its last report the Government refers for the first time to a number of laws relating to the sector, including Decree No. 513/94 of 23 November 1994 determining the characteristics and obligations of establishments classified as "restaurants"; Decree No. 371/02 of 25 September 2002 regulating providers of rural touristic services; Decree No. 384/97 of 15 September 1997 and Decree No. 210/01 of 6 June 2001. The Committee would be grateful if the Government would provide copies of the above decrees and of any other standards applying to the areas covered by the Convention.

Article 3, paragraph 1. The Committee notes that according to the Government, the Ministry of Tourism has established a regulatory framework for tourist services, encouraging the establishment of human resource training centres in the relevant areas and in restaurants, and the National Employment Department has promoted vocational training in these two branches. The Committee requests the Government to continue to provide information on the formulation and adoption, in consultation with the social partners, of a policy designed to improve working conditions in hotels, restaurants and similar establishments. The Committee would appreciate in particular up-to-date information on national training programmes for hotel and restaurant workers, together with recent official studies on working conditions in the tourist industry in general, and hotels and restaurants in particular.

Article 8. The Committee notes the collective agreement concluded between the Chamber of the Uruguayan Hotel and Tourist Industry (CIHTU) and the Single Union of Catering Workers of Uruguay (SUGU) of 10 September 1998 establishing minimum wages for the various categories of hotel and restaurant workers. Noting that the above agreement establishes that it is valid until 31 August 2000, the Committee requests the Government to report on the current status of the wages of the abovementioned workers. The Committee also asks the Government to provide information on the exact number and the percentage of workers in the sector who are covered by collective agreements.

Part V of the report form. The Committee notes the general statistical information supplied by the Government on inspections carried out by the supervisory body responsible for enforcement of labour standards. The Committee requests the Government to continue to provide up-to-date information on the application of the Convention in practice, indicating, for example, the number of establishments and workers covered by the measures giving effect to the Convention, the evolution of the minimum wage in the sector broken down by category of worker and compared to the national average wage, reports of the inspection services showing any difficulties encountered in the sectors covered by the Convention, etc.

CMNT_TITLE

The Committee notes the information provided by the Government in its first report. It requests the Government to provide additional information on the following points:

Article 1 of the Convention. The Committee requests the Government to provide information on the methods of consultation with organizations of employers and workers concerned with regard to the definition of the categories of workers envisaged under Article 1(a) and (b), of the Convention which, according to paragraph 2, shall be determined after consulting the above organizations.

Article 3, paragraph 1. The Committee requests the Government to indicate, in accordance with these provisions of the Convention, the measures which have been taken or are envisaged for the adoption and application of a policy designed to improve the working conditions of the workers concerned.

Article 4, paragraph 4. The Committee requests the Government to indicate the measures which have been taken or are envisaged to provide notice of working schedules to the workers concerned to enable them to organize their personal and family life accordingly.

Article 8, paragraph 2. The Committee requests the Government to indicate the number of workers covered by the relevant collective agreement or agreements which are in force.

Point V of the report form. The Committee notes the information provided concerning the general application of the Convention in the country. It requests the Government to continue providing information on this subject, including (i) the available data on the number and categories of workers covered by the Convention; and (ii) extracts of inspection reports for hotels and similar establishments, and for restaurants and similar establishments.