Uruguay flag

Uruguay

1930, 1950

Uruguay hosted and won the first-ever Men’s World Cup in 1930.

Uruguay defeated Brazil in the decisive match of the 1950 tournament at the Maracanã.

Uruguay reached the semi-finals in 2010, dramatically knocking Ghana out on penalties in the quarter-finals.

With Óscar Tabárez as manager, Uruguay qualified for four World Cups.

Contributing firm

Bado, Kuster, Zerbino & Rachetti

Contacts

Alvaro Carrau Lussich, Javier Fernández Zerbino

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

If the absence has not been authorised by the employer, nor is it duly justified, the employer may deduct the day of absence from the salary and, likewise, exercise the corresponding disciplinary power.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

In Uruguay, it is not possible to sanction or ignore an absence covered by a valid medical certificate solely due to suspicions. The employer must rely on formal controls and possible medical verifications and, only in the event of concrete evidence of irregularity, exercise disciplinary power. If it is possible to prove that the certificate is false or fraudulent, the conduct may constitute serious misconduct, enabling severe disciplinary sanctions, including dismissal, depending on the circumstances of the case and the principle of proportionality.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

Decree No. 128/016 prohibits, in all employment relationships—both in the public and private sectors—the consumption and possession of alcohol and any other type of drugs during working hours, whether at the workplace or in connection with work. Consequently, the consumption or possession of alcohol and/or drugs in the workplace may constitute grounds for dismissal without entitlement to severance pay.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

The employer may do so without difficulty, as long as the reorganisation of working hours does not exceed the maximum daily or weekly limits, in order to avoid the generation of overtime, unless this is duly paid as overtime.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

In Uruguay, the employer can regulate and control the use of the computer systems it owns during the working day, provided that said control is reasonable, proportional and previously informed to the workers through clear internal policies. If improper use of work tools is proven, as long as this constitutes a breach of work duties, the employer may apply the corresponding disciplinary sanctions.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

In Uruguay, the worker's conduct outside of work hours and the workplace belongs to his or her private sphere and, in principle, does not qualify for sanctions. However, the employer may sanction if the conduct occurs at an event organized by the company or has a direct and relevant connection with the employment relationship that affects the operation, image or constitutes a serious breach of good faith and loyalty.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

If the day is declared a paid holiday, workers who come to provide services may receive compensation equivalent to 100% of the salary corresponding to that day. On the other hand, if it is an unpaid holiday, and the employer calls them to work, the workers are obliged to attend, without paying any additional compensation.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

Although office pools could be considered unlawful, the legal risk is low where the stakes are minimal and both the organisation and participation are limited to employees. In any event, the employer may prohibit such practices through clear internal policies and apply proportionate disciplinary sanctions in the event of non-compliance.

4 May employers prohibit public displays of rival country team colours in the workplace?

In Uruguay, employers may prohibit or limit the display of colours or symbols of rival teams in the workplace when this is reasonable and proportionate, especially if such displays may affect workplace coexistence, generate conflicts between workers, or give rise to a hostile work environment.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

In Uruguay, the employer could expose itself to claims of discrimination if it selectively grants facilities to watch certain matches without an objective and reasonable justification. Therefore, any benefits linked to watching matches must be applied in a non-discriminatory manner, avoiding distinctions based on gender, nationality or other protected grounds.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

It is recommended that employers anticipate and regulate this type of situation through clear internal policies, duly communicated to workers, particularly regarding work schedules, use of computer systems and standards of conduct in the workplace.