Holidays with Pay Convention (Revised), 1970 (No. 132) - Uruguay (Ratification: 1977)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In its previous comments, the Committee noted the observations of the National Trade Union of Women Caregivers of Uruguay relating to the failure to recognize the entitlement to annual holiday with pay of family carers working for the National Institute for Children and Young Persons (INAU). The union alleged that, although carers have an employment relationship with the INAU, the Government of Uruguay does not recognize it as such or the rights that derive from it. The Committee notes the Government’s indication in its reply that, given the nature of the work performed by the women carers and the existence of a different legal status, it is not possible to characterize this relationship in law as an employment relationship. The Government also indicates that the benefits that the women carers receive, which are calculated in accordance with the needs of the minors in their care, do not constitute wages. Lastly, the Government indicates that Ruling No. 437 of 2012 of the Supreme Court of Justice set aside the claim submitted by the women carers in relation to the existence of legal subordination and an employment relationship between the parties. The Committee notes this information.

Articles 6(1) and 7(2) of the Convention. Public holidays not to be counted as part of the annual holiday. Payment in advance of the annual holiday. The Committee has been commenting for several years on the need to adopt legislative measures to ensure that public and customary holidays are not counted as part of the annual holiday with pay (Article 6(1)) and also that the remuneration due to public servants in respect of annual holidays is paid in advance of the holiday (Article 7(2)). The Committee requests the Government to provide information on the measures adopted or envisaged to bring the national legislation into conformity with the Convention on these points.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the National Union of Women Carers of Uruguay, received in March and November 2013, relating to the failure to recognize the entitlement to annual holiday with pay of family carers working for the National Institute for Children and Young Persons (INAU). The Committee requests the Government to provide its comments with regard to the observations.

Articles 6(1) and 7(2) of the Convention. Public holidays not to be counted as part of the annual holiday – Payment in advance of the annual holiday. For several years, the Committee has been commenting on the need to adopt legislative measures to ensure that public and customary holidays are not counted as part of the annual holiday with pay (Article 6(1)) and also that the remuneration due to public servants in respect of annual holidays is paid in advance of the holiday (Article7(2)). The Committee requests the Government to provide information on the measures adopted or planned to bring the national legislation into conformity with the Convention on these points.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 6(1) and 7(2) of the Convention. Public holidays not to be counted as part of the annual holiday – Payment in advance of the annual holiday. The Committee has been commenting for several years on the need to take legislative action to ensure that public and customary holidays are not counted as part of the annual holiday with pay (Article 6(1)) and also that the remuneration due to public servants in respect of annual holidays is paid in advance of the holiday (Article 7(2)). The Committee notes that the Government’s latest report is limited to indicating that there has been no change in these matters. In the absence of any new developments, the Committee once again requests the Government to take prompt action in order to bring the national legislation into full conformity with the Convention on these points.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6(1) of the Convention. Exclusion of official and customary public holidays from the annual holiday with pay. Further to its previous comments, the Committee notes the explanations provided by the Government concerning the various types of public holidays, namely (i) ordinary public holidays, during which work may be performed (feriados communes), (ii) statutory paid public holidays, which are paid and on which it is compulsory for work to cease (feriados pagados) and (iii) non-working public holidays which are not necessarily paid (feriados no laborables). In this respect, the Committee notes in particular the indication that, although there is no collective agreement authorizing the counting of common public holidays in annual holidays with pay, individual and enterprise agreements allow this practice. It is the Committee’s understanding that such agreements allow daily workers to receive remuneration that they would not have received had such public holidays been excluded from holidays with pay. The Committee recalls, as it has been doing for 26 years, that the Convention does not allow public holidays of whatever sort to be counted as part of the annual holiday with pay. It therefore urges the Government to take the necessary measures to bring the legislation into conformity with the Convention on this point.

Article 7(2). Payment in advance of holidays for public servants. Further to its previous comments, the Committee notes the Government’s indication that public servants are entitled to payment for their holidays, but not at the higher holiday rate, which is exclusively reserved for workers in the private sector and the public non-state sector, as well as for rural and domestic workers. However, it notes that the Government’s report does not contain any new information concerning the payment in advance of the holidays of public servants, on which the Committee has been making observations for many years. The Committee requests the Government to indicate the legal or other provisions guaranteeing the payment of the remuneration due in respect of holidays with pay to public servants in advance of their holidays.

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

Article 6, paragraph 1, of the Convention. Public holidays. The Committee notes with regret that, according to the information supplied by the Government, section 1 of Act No. 12 590 still allows collective agreements to authorize public holidays - including the carnival and the tourist festival - to be counted in the annual holiday, a matter on which the Committee has been commenting since 1982. The Committee recalls that Article 6, paragraph 1, of the Convention provides that public and customary holidays shall not be counted as part of the minimum annual holidays with pay of not less than three working weeks for one year of service. It therefore once again expresses hope that the Government will shortly take the necessary measures to bring the legislation into line with the provisions of the Convention on this point. The Committee also notes that under section 8 of the abovementioned Act, the days not worked owing to festivities ("festividades o asueto") may not be counted in the annual holiday. It also notes that section 18 of the Act establishes five public holidays with pay. The Committee accordingly asks the Government to specify the country’s public and customary holidays, and the status of the carnival and the tourist festival. It also requests the Government to indicate whether existing collective agreements allow public and customary holidays to be counted in the annual holiday, and if so to provide a copy of them.

Article 7, paragraph 2. Payment in advance of the holiday - Civil servants. The Committee notes that, in the report it sent in 2000, the Government indicates that wages must be paid before the beginning of the annual holiday. It requests the Government to confirm that this measure applies to civil servants as well.

Part V of the report form. The Committee notes the general statistics on the activities of the inspection service appended to the Government’s last report. It requests the Government to send more specific information that may exist on the number of workers covered by the legislation on holidays with pay and the number and nature of any infringements reported in this area.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 6(1) of the Convention. With reference to its previous comments, the Committee observes that section 1(2) of Act No. 12.590 allows collective agreements to count customary holidays as part of an annual holiday. The Committee duly notes the Government's indication in its latest report that the customary holidays, such as Carnival Week, are unpaid, and for this reason the previously noted provision permits collective agreements to count customary holidays as part of annual holiday with pay. The Committee must once again point out that, by virtue of Article 6, paragraph 1, of the Convention, public and customary holidays must not be counted as part of the minimum annual paid holiday of three working weeks per year of service. It therefore once again expresses the hope that the Government will take suitable measures in the near future to bring the legislation into harmony with the Convention on this point. It also repeats its request to the Government to supply samples of collective agreements currently in force which provide for the inclusion of customary holidays as part of an annual paid holiday.

Article 7(2). The Committee notes the Government's indication in its report that for now it is not technically feasible to provide public servants their holiday pay in advance. The Committee wishes to draw the Government's attention to the fact that, under this provision of the Convention, remuneration for holidays must be paid in advance of the holiday, unless otherwise provided in an agreement applicable to the person concerned and the employer. It therefore once again requests the Government to indicate the measures taken or envisaged to ensure that civil servants are also paid the amounts due to them in advance of the holiday.

Articles 3, 8, 9, 10 and 12. The Committee notes the information supplied by the Government in reply to its previous comments concerning the application of these provisions of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 6(1) of the Convention. In its previous comments, the Committee pointed out that section 1(2) of Act No. 12.590 allows collective agreements to count public holidays as part of an annual holiday. This seems to contradict the Convention, under which public and customary holidays may not be counted as part of a minimum annual paid holiday of three working weeks per year of service. The Committee notes the Government's statement that the minimum holiday requirement in the Convention is observed in all cases. It nevertheless hopes the Government will envisage amending the legislation on this point at an early date, and that in the meantime it will supply samples of the provisions of collective agreements currently in force.

Article 7(2). Further to its observation, the Committee hopes the Government will indicate what measures are taken or proposed to ensure that public servants receive holiday pay in advance as provided in the Convention.

Articles 3, 8, 9, 10 and 12. The Committee notes that under section 5 of Act 16.104, public servants may lose the use of their annual holidays in cases of overriding necessity, and the entitlement may be accumulated for two years. It would be grateful if the Government would indicate how it is ensured in these conditions that the requirement of an annual holiday to be taken as provided in Articles 8, 9 and 10 is met.

Article 12. The Committee notes that the report once again does not contain a reply to its direct request concerning this Article of the Convention, which read as follows:

Under section 16 of Act No. 12.590 and section 23 of the Decree of 26 April 1962 issued under this Act, the holiday of a technician may, at the joint request of the employer and the technician concerned, be replaced by compensation equivalent to three times the corresponding remuneration. These provisions appear not to be in conformity with the requirement of the Convention that any agreement to relinquish the right to the minimum holiday prescribed should be null and void or prohibited.

The Committee would be most grateful if the Government would deal with this matter in its next report.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its earlier comments, the Committee notes with satisfaction that under Act No. 16.101 regulations have been made to give all workers in the private sector and in non-state bodies the right to 100 per cent of holiday pay in advance, in conformity with Article 7(2) of the Convention. The Committee is again taking up the application of this provision to public servants, and certain other questions, in a direct reguest.

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

The Committee notes the information supplied by the Government in reply to its comments concerning the application of Article 6, paragraph 2, and Article 7, paragraph 1, of the Convention.

Article 6, paragraph 1, of the Convention. The Committee is bound once again to emphasise that all the persons to whom the Convention applies are entitled, after one year's work, to an annual holiday of a minimum of three weeks in which public holidays are not counted. In view of the fact that, according to section 1(2) of Act No. 12.590, collective agreements may authorise public holidays to be taken into account in annual paid holidays, the Committee requests the Government to take the necessary measures to bring the national legislation into accordance with this provision of this Convention on this point.

Article 7, paragraph 2. In reply to the Committee's previous comments, the Government states that under the terms of Decision No. 2.215/73 of 13 December 1973, remuneration is paid to the persons concerned before the beginning of the holidays in proportions that vary between 40 and 100 per cent, according to the category of the activity. In this connection, the Committee wishes to point out that by virtue of this provision of the Convention, the total remuneration for the whole period of the holiday must be paid to the employed person concerned in advance of the holiday, unless otherwise provided in an agreement binding upon him and the employer. The Committee hopes that the Government will take the necessary steps to give effect to this provision of the Convention.

Article 12. The Committee notes that the report does not contain a reply to its direct request, which read as follows:

Under section 16 of Act No. 12.590 and section 23 of the Decree of 26 April 1962 issued under this Act, the holiday of a technician may, at the joint request of the employer and the technician concerned, be replaced by compensation equivalent to three times the corresponding remuneration. These provisions are not in conformity with this Article of the Convention which specifies that any agreements to relinquish the right to the minimum holiday prescribed shall be null and void or be prohibited.

The Committee trusts that the appropriate measures to give full effect to this Article will be taken in the near future.

The Committee recalls that, in its reports for 1983 and 1984, the Government had already indicated that, following the advice given by a panel of jurists of the Ministry of Labour and Social Security, a Bill regulating working conditions in the private sector and containing provisions with regard to annual holidays with pay that were in conformity with Convention No. 132 was submitted to the Cabinet and examined by a parliamentary working party. It hopes that this Bill will become law shortly and that the Government will supply the text of the new Act.