Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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.