Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Uruguay (Ratification: 1973)

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

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

Article 4(1) of the Convention. Validity of medical certificates. In its previous comments, the Committee requested the Government to indicate the specific provisions which ensure that the validity of medical certificates for young fishers under 21 years of age does not exceed one year from the date of issue, and to provide a copy of the standard form of medical certificate for persons under 21 years of age, and of the information provided on the new adolescent health card, the use of which is compulsory for health checks of young persons between 12 and 19 years of age. Furthermore, the Committee notes the Government’s reference to Resolution No. 3344/2017 of the Uruguayan Institute for Children and Young Persons (INAU) approving the List of Hazardous Occupations as of 1 December 2017. In this respect, the Committee notes that the Children and Young Persons Code, adopted by Act No. 17.823 of 7 September 2004, defines adolescents as persons over 13 and under 18 years of age (section 1). The Committee notes that the instructions for use of the new adolescent health card indicate that the validity period of the card, which must be recorded on the back of the card, is a maximum of one year for adolescents from 15 years of age and six months for those under 15 years of age. The Committee further notes that the Children and Young Persons Code provides that all adolescents under 18 years of age who wish to work shall be required to undergo an annual medical examination (section 168). The Committee notes this information.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report, in particular its indication that, during 2005, the personnel department of the merchant navy issued 275 boarding documents and 991 boarding permits. The Committee requests the Government to provide, in accordance with Part V of the report form, general information on the application of the Convention including, for instance, statistical data on the number of fishers signed on each year, copies of collective agreements currently in effect for the fishing sector, extracts from labour inspection service reports containing the number and nature of the contraventions reported, details of the number and tonnage of the fishing vessels in operation which are covered by the Convention, and any other relevant information that would enable the Committee to assess the manner in which the Convention is applied in practice in the country.

Observation (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee refers to the comments it made in 1984 and 1987 concerning the observations transmitted through the World Confederation of Labour, by the APEEF (Association of Employees on Board Ships of the Fishing Refrigeration Firm of Uruguay) alleging that FRIPUR (the Fishing Refrigeration Firm of Uruguay) "does not make labour contracts with its fishermen", and that "expenses for food are deducted from the crews' income".

The Committee notes the information and documents supplied by the Government in its report to the effect that, in accordance with the provisions of the collective agreement of 22 August 1986, the relationship between the fishermen and the shipowner "shall be set down in the corresponding articles of agreement" (section 2), and that food "during employment on board shall form part of the vessel's provisions, and therefore shall be at the expense of the shipowner" (section 10). The Committee also notes that the Council of State has approved Legislative Decree No. 15.523 which establishes the employment relationship through contract between the parties.