Dock Work Convention, 1973 (No. 137) - Uruguay (Ratification: 1980)

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

Articles 2, 5 and 6 of the Convention. Measures implementing the Convention. With regard to its earlier comments, the Committee notes the various regulatory texts and other recently adopted measures provided by the Government, which contribute to implementation of the Convention. The Committee notes in particular Decree No. 394/018 of 26 November 2018 regulating activities considered as dock work undertaken by State bodies and port service providers, as well as the agreement signed on 20 October 2020 by a body of tripartite nature, the Wage Council of Group 13 “Transport and Storage”, subgroup 10, “Supplementary and auxiliary maritime activities, shipping agencies and port operators and terminals, maritime warehouses,” “port operators and terminals” Chapter, which establishes a revaluation of wages by category of dockworker (Article 5). The Committee also notes the National Port Administration Port safety and hazardous cargo manual, approved under resolution No. 725/4.063 of 25 November 2020, which sets out guidelines regarding the manipulation, handling, storing and transport of hazardous goods in port installations (Article 6). The Committee requests the Government to provide information on any national policy ensuring permanent or regular employment for dockworkers, or guaranteeing them a minimum period of employment or a minimum income, in conformity with the requirements of Article 2 of the Convention.

Point V of the report form. The Committee requests the Government to provide general indications on the manner in which the Convention is applied, in particular attaching all information available on the numbers of dockworkers and variations in these numbers.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2, 5 and 6 of the Convention. Legislative developments. The Committee notes with interest the Government’s efforts to make progress in the implementation of the Convention. The Government indicates in its report that the Ministry of Labour and Social Security has held tripartite meetings between the National Ports Administration (ANP), the Single Union of Port and Allied Workers (SUPRA) and the employer representation of the Shipping Centre (CENNAVE), in which various provisions of a new standard were adopted which would regulate working conditions in ports and is in the final stages of discussion. The Commission also notes the adoption of Legislative Decree No. 248/015, of 14 September 2015, which establishes the requirement to guarantee at least 13 days of paid work per month to temporary workers employed by container handling enterprises (Article 2). The social partners also met in the Wage Council of Group 13 “Transport and Storage”, subgroup 10 “Supplementary and auxiliary maritime activities, shipping agencies and port operators and terminals. Maritime warehouses”, “port operators and terminals” Chapter, concluded an agreement on 18 December 2013. Under this agreement, a premium of 23 per cent for night work was established from 1 July 2013 and a continuity allowance for port work (in the case of rain, working at heights and dirty work) of 8 per cent of the hourly wage from 1 July 2015, understood as the remuneration received as the basic wage, additional emoluments, public holidays and breaks. In a second meeting, the Wage Council signed an agreement on 16 December 2016 which maintained the benefits of the previous agreement and introduced the right to a food supplement for dockworkers (Article 5). The Committee recalls that the Government indicated in its previous report that both the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), and the Code of practice on security in ports, 2004, were being used as a basis for a manual on occupational safety and health in ports (Article 6). Regarding the training of dockworkers, the Government refers to the adoption of Executive Resolution No. 411/3739, on 5 August 2014, which makes it compulsory for all new dockworkers to complete the training course “Introduction to Port Work”, developed by the Occupational Safety and Health Management Unit in collaboration with the Human Resources Division (Article 6). The Committee requests the Government to provide information on the progress made in the adoption of new rules to regulate working conditions in ports and a national policy to provide permanent or regular employment for dockworkers, and to provide a copy once they have been adopted (Article 2). The Committee also requests the Government to provide information on the preparation of the manual on occupational safety and health in ports, and to provide a copy when it is available. The Committee also requests the Government to continue providing information on cooperation between workers’ and employers’ organizations and on the progress made in a tripartite context to improve efficiency in dock work.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the relevant information sent by the Government for the period ending in May 2012. The Government reports on the inspection activities carried out in the ports of Montevideo and Nueva Palmira and states that the Single Union of Port and Allied Workers (SUPRA), the Shipping Centre (CENNAVE), an employers’ association, and the National Ports Authority have agreed to adopt rules to govern dock work. The Committee notes with interest that both the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), and the code of practice are being used as a basis for a manual on occupational safety and health in ports (Article 6 of the Convention). The Government also states that there are no rules governing the training of dockworkers. The Committee invites the Government to include in its next report up-to-date information allowing it to ascertain progress made towards the adoption of new rules to govern working conditions in ports and a national policy to provide permanent or regular employment for dockworkers (Article 2). Please also indicate how it is ensured that dockworkers have received appropriate vocational training (Article 6). The Committee hopes that tripartite dialogue will continue to encourage all concerned, in both the public and the private sectors, to improve efficiency in dock work.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 2, 3 and 4 of the Convention. In reply to the direct request of 2004, the Government indicates that dockworkers are governed by the same labour laws as other workers in the private sector. Dock work is covered by wage bargaining which takes place in wage boards, as a result of which dockworkers are guaranteed minimum levels by category. Each enterprise has registers for all the occupational categories of dockworkers, and single registers may exist covering more than one category. The Government adds that a port subprogramme of a tripartite nature was established within the scope of the General Labour and Social Security Inspectorate. The Committee hopes that the Government will continue to provide information in its next report on the manner in which the “national policy” required by the Convention encourages all concerned, both in the public as well as the private sectors, to improve the effectiveness of dock work.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

In response to the observation of 2002, the Committee notes the information transmitted by the Government that the number of dockworkers employed by the National Ports Administration (ANP) amounted to 865 employees on 30 April 2004. The Government further states that through the redeployment of the former employees of the National Administration of Stevedoring Services (ANSE) in the Ministry of Labour and Social Security, these employees were able to retain not only their employment but also their salary as well as the other benefits that they might have been entitled to. The Committee asks the Government to continue to submit information on how the Convention is applied in practice, and to indicate how the "national policy" called for by the Convention encourages all concerned, both in the public as well as in the private sectors, to provide permanent or regular employment for dockworkers in accordance with Articles 2, 3 and 4 of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending May 2002. In reply to the direct request of 1998, the Government states that the National Administration of Stevedoring Services (ANSE) was abolished by section 33 of Emergency Act No. 17243 of 29 June 2000. Employees with one year’s service at the ANSE are being redeployed in the Ministry of Labour and Social Security, a subprogramme having been established under the General Inspectorate of Labour and Social Security. The Committee recalls that Act No. 16246 of 8 April 1992 already abolished the monopoly over port services, thus allowing their provision by private firms or operators as well and introducing free competition in this sector. In that connection, the Committee requested the Government to provide information on the employment conditions of dockworkers employed on a casual basis by private stevedore companies (under the authority of the ANSE) and, more specifically, the measures taken to assure minimum periods of employment or minimum income for this category of workers in accordance with Article 2, paragraph 2, of the Convention. In view of the reforms introduced since 2000, the Committee would be grateful if the Government would indicate how the "national policy" required by Article 2 encourages all concerned to provide permanent or regular employment for dockworkers, and the measures taken to prevent or minimize any detrimental effects of the reforms on permanent or regular employment for dockworkers.

Articles 3 and 4. The Government states that no registers of dockworkers have been established by the National Ports Administration (ANP), although there are operational categories, but not covered by a registration system. The Committee would be grateful if the Government would indicate how it intends to give effect to these provisions of the Convention.

Parts III and V of the report form. The Committee again asks the Government to provide general information on the practical application of the Convention and, to that end, to send extracts from reports by the authorities responsible for enforcing laws and regulations, including particulars of the numbers of dockworkers under the authority of the ANP and of those employed by private companies.

[The Government is asked to reply in detail to the present comments in 2004.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending in June 1997 and the additional information provided in reply to its previous direct request. It requests the Government to provide in its next report detailed information on the following points:

Article 2 of the Convention. The Committee notes the information provided by the Government with regard to this Article. Recalling that the intention of this Article is to assure all dockworkers, in so far as practicable, permanent or regular employment, or at any rate, minimum periods of employment, or a minimum income, in a manner and to an extent depending on the economic and social situation of the country and port concerned, the Committee requests the Government to describe in detail conditions of employment for dockworkers employed on a casual basis by private stevedore companies under the authority of the National Administration of the Stevedoring Services (ANSE), and more specifically to indicate the measures adopted to assure minimum periods of employment or a minimum income for this category of workers, in accordance with paragraph 2 of this Article.

Points III and V of the report form. The Committee requests the Government to provide general information on the practical application of the Convention, by providing, for example, extracts from the reports of the authorities responsible for applying laws and regulations, and to continue to provide information, where available, on the number of registered dockworkers on the registers are maintained in accordance with Article 3 of the Convention, and, where applicable, any changes in their strength.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's report, and in particular of the adoption of Law No. 16.246 of 8 April 1992 and Regulatory Decrees of 1 September 1992. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2, paragraph 1, of the Convention. The Committee notes from the Government's report that dockworkers employed by the National Port Administration (ANP) are assured permanent employment. Please indicate whether any measures have been taken to encourage the provision of permanent or regular employment for dockworkers employed by private stevedore companies under the supervision of the National Administration of the Stevedoring Services (ANSE).

Article 4, paragraph 2. The Committee notes that section 39 of Law No. 16.246 provides for certain financial protection in case of termination of employment of the ANSE registered dockworkers. Please indicate whether any other measures have been instituted to prevent or minimize detrimental effects on dockworkers when a reduction in the strength of a register becomes necessary, and the criteria and procedures laid down for the implementation of these measures, as required by the report form under this Article.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in your country and, in particular, information on practical application of Law No. 16.246 of 8 April 1992, including for instance extracts from relevant reports and particulars of the numbers of dockworkers on the registers and on variations in their numbers during the period covered by the report.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. Article 2 of the Convention. With reference to its previous direct request, the Committee notes the level of employment in the port of Montevideo in the last quarter of 1987. Please continue supplying detailed information on the minimum periods of employment assured to dockworkers for the period covered by the next report.

2. Articles 3 and 4. The Committee notes with interest the information supplied concerning the effect given to the above Articles of the Convention in the coastal and inland ports of the country. Please continue supplying information on these ports in future reports, and also include information on the dockworkers of the National Administration of Ports (ANP).

3. Article 5. Please indicate in the next report whether, within the framework of the special tripartite committee, set up on 7 March 1986, measures have been adopted to encourage greater co-operation between employers or their organisations and workers' organisations to improve the efficiency of work in ports. Please also supply information on the effect given to this Article of the Convention in the coastal and inland ports of the country.