Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uruguay (Ratification: 1989)

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) of 30 August 2019, indicating that it recognizes the efforts that have been made against all forms of discrimination.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Pregnancy testing. The Committee notes the Government’s indication in its report, in reply to its request for information, that complaints have not been received by the general labour inspectorate and that it has no knowledge of complaints made to the judicial authorities concerning violations of Act No. 1868 of 23 December 2011, which prohibits pregnancy testing as a requirement for recruitment, promotion or retention in any position or employment in the public or private sectors.

Sexual harassment. With reference to its request for information on the measures adopted to prevent and eradicate sexual harassment at work, the Committee takes due note of the Government’s indications that: (1) the National Institute for Women (Inmujeres) is continuing to provide advice to institutions which so request for the establishment of commissions and the formulation of their action protocols; (2) an agreement has been concluded with the National School of Public Administration for it to carry out awareness-raising and courses on gender, including sexual harassment among the subjects to be covered; (3) information pamphlets have been distributed throughout the country by State institutions and social organizations and, within the context of the UN Women programme “Win-Win: Gender equality means good business”, support has been received to produce a video publicity spot on sexual harassment, in accordance with the latest legislative provisions; and (4) in 2020, the general labour inspectorate published two pamphlets to be distributed by labour inspectors to employers during enterprise inspections (one of the pamphlets refers to the legislative provisions on sexual harassment and the other deals with the measures to be adopted by all employers when a worker in the enterprise is a victim of domestic violence).

The Committee also notes the Government’s indication that in 2019 a total of 56 complaints concerning sexual harassment were made to the general labour inspectorate of the Ministry of Labour and Social Security, for which 22 cases were investigated and have been set aside without penalty, while 34 are still under investigation. In 2020, a total of 40 complaints were made, of which six were set aside without penalty and 32 are still under investigation. The Committee expresses the firm hope that the investigations will be completed in the very near future and that they will clarify responsibilities, punish those who are guilty and that appropriate compensation measures will be adopted. The Committee requests the Government to provide information on this subject and a copy of the respective administrative decisions.

Article 2. National Equality Policy. The Committee notes the detailed information provided by the Government on the National Gender Equality Strategy 2030, as approved by Decree No. 137/018 of 7 May 2018. The Government has provided full documentation and reports on the key challenges for the period 2020-25, as well as the minutes of meetings of the National Gender Council on the action taken and planned under the Strategy (for further information, see https://www.gub.uy/ministerio-desarrollo-social/consejo-nacional-genero). The Committee also notes the various activities undertaken by the Ministry of Labour and Social Security on gender-sensitive internal management (capacity-building and training measures, the creation of spaces for dialogue, etc), as well as similar initiatives in various public bodies. The Committee takes due note of this information and requests the Government to continue providing information on any follow-up measures relating to the National Gender Equality Strategy 2030, as well as other initiatives adopted and their impact.

With reference to its request for statistics disaggregated by sex, ethnic and racial extraction, age, disability and urban, suburban and rural areas of residence, which have been compiled within the context of the National Gender Equality Strategy 2030 in relation to the situation of men and women in employment and the various occupations, the Committee welcomes the comparative statistical data for 2017 and 2020 provided by the Government. The Committee notes that at the date on which the report was sent, 2020 data was not available on the distribution of the active population by African descent, age group and area of residence. The Committee requests the Government to provide updated statistics for the period covered by the next report and to indicate the manner in which the Strategy and the other measures referred to have contributed to the promotion of equality of opportunity and treatment in employment and occupation.

Access of women to employment. The Committee notes that, in reply to its request for information on the measures adopted to promote the access to employment of men and women on an equal footing and their impact on the participation of women in a broader range of jobs, including in non-traditional sectors, the Government provides 2019 statistics on employed persons by sex and branch of activity (indicating that 54.6 per cent of employed persons are men and 45.4 per cent women, and that the branches of activity with the highest percentages of women are teaching and health services, while those with the most men are agriculture, fishing, hunting and construction). Finally, the Committee takes due note of the information provided by the Government on the various initiatives relating to the labour market integration of women who are suffering or have suffered gender violence at work, as well as the initiatives of the National Employment and Vocational Training Institute (INFOP) of the Ministry of Labour and Social Security and Inmujeres in the Ministry of Social Development (MIDES). The Committee hopes that the Government will continue to take measures to reduce the disparity between men and women in employment.

Persons of African descent. The Committee notes that the Government: (1) provides information on the various Ministerial initiatives adopted for the promotion of policies for persons of African descent, and particularly Afro-Uruguayan women; (2) indicates that the impact of Act No. 19122, establishing the requirement to set aside 8 per cent of jobs in public bodies for persons of African descent has been uneven as, even though the goal has been easily met for educational grants, the percentage specified has not been attained for the jobs quota in the public sector; and (3) sends voluminous statistical data on the age and occupations of persons of African descent in the public sector and indicates that 50.79 per cent of men are engaged in general work and services, while 35.71 per cent of the women are engaged in administrative work and general services. The Committee takes due note of the educational measures adopted and requests the Government to provide information on any developments in the promotion of policies relating to the employment of persons of African descent.

Persons with disabilities. With reference to its request for information on the measures adopted to promote access to and retention in employment of persons with disabilities, the Government indicates that the report of the National Civil Service Office, which refers to the recruitment of persons with disabilities in the State sector, in accordance with the rules reserving a minimum of 4 per cent of the vacancies that become available each year, shows that 87 persons were recruited in 2019, representing 1.3 per cent of the vacancies for all the bodies covered by the requirement, 19 of which were in compliance with the minimum quota of 4 per cent of vacancies to be taken by persons with disabilities. The Committee notes the Government’s indications concerning the institutions which have recruited persons with disabilities, the work that they perform and the percentage of men and women. The Government indicates that new strategic measures are being developed to achieve gender equality and provides information on the existence of a register for enterprises interested in the labour market integration of persons with disabilities. Finally, the Committee notes the creation of the National Honorary Commission on Disability (CNHD), composed of representatives of public bodies, academics and civil society organizations, with responsibility for the formulation, examination, evaluation and implementation of national policy plans for the promotion, development, medical, psychological and social rehabilitation, and social integration of persons with disabilities. While taking due note of all the information provided, the Committee requests the Government to provide information on any developments in relation to the measures adopted to continue promoting access to employment for persons with disabilities.

Enforcement. Shift of the burden of proof. With reference to its request for information on whether legal procedures in cases of discrimination envisage the reversal of the burden of proof, the Government indicates that there is no rule in the national legislation that sets it out explicitly. In relation to sexual harassment, although no legislative provision covers the distribution of the burden of proof, regulatory Decree No. 256/017 calls for evidence-based proof. The Committee notes this information in response to its previous request.