Castellán

In Uruguay, the right to strike and the exercise of trade union activity are guaranteed by the Constitution and the laws. Delegates and members are protected against discrimination, persecution, or dismissal for anti-union reasons.

Following observations from the International Labour Organization (ILO) on freedom of work and enterprise, which pointed out that the system did not respect the rights of non-striking workers (as occupations that prevented access to other people were allowed), a law was passed in 2020 guaranteeing workers who do not adhere to union measures the right to enter work and allowing company management to enter their establishments. In addition, pickets that block access or the free movement of people, goods, or services in public or privately owned public spaces were declared illegitimate. It is worth noting that, currently, following the change of authorities in the Ministry of Labour in March 2025, a possible review of the regulations on labor occupations in Uruguay was announced.

Collective Bargaining.

The Collective Bargaining Law (CBL) regulates the setting of minimum wages and adjustments, and organizes collective bargaining at three levels:

• First level: Tripartite Superior Council.
• Second level: Wage Councils, organized by branches of activity.
• Third level: Bipartite negotiation between the employer and the base union.

In May 2023, the regulations incorporated ILO observations, validating the possibility of negotiating collective agreements directly between the company's workers and the employer, without the need for a branch union, when one does not exist. This modification was in response to the previous legislation requiring the intervention of the branch union in these cases in Uruguay.

Trade Union Immunities.

Until 2006, the dismissal of a worker for union reasons was considered abusive, with special compensation. As of 2006, the concept of trade union immunities was introduced, allowing the nullity of dismissal for union reasons and the reinstatement of the worker. The employer must prove a reasonable cause to avoid the nullity of that dismissal. However, the regulations do not grant absolute stability, and "reasonable causes" may be related to the worker's behavior or the company's needs, leaving open the possibility of other reasons of "sufficient entity."

Other trade union rights and guarantees for union activity.

Among the most relevant trade union rights are:

• Right to strike (constitutionally recognized).
• Protection against reprisals for trade union activity (trade union immunities).
• Right to claim and collective bargaining.
• Right to join or leave a union.
• Right to establish and organize unions without prior authorization or interference from employers.
• Right to carry out trade union activities during working hours (with prior authorization) and hold meetings.
• Right to post publications ("union bulletin board").
• Right to paid time off for trade union activities.
• Right to order the retention of union dues (workers' contribution).