Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Argentina (Ratification: 1996)

1. The Committee notes the Government’s report for the period ending 30 June 2000. The Government has provided the text of Decree No. 342 of 24 February 1992 setting out the characteristics of the employment relationship between a temporary service enterprise and workers providing services in user enterprises. The Committee notes that Part III of Convention No. 96, which has been accepted by Argentina, provides for the regulation of fee-charging employment agencies, including employment agencies conducted with a view to profit. Under the terms of section 14 of Decree No. 342, temporary service enterprises obtain their authorization from the Ministry of Labour and Social Security, although the Government has not yet adopted the measures for the supervision of fee-charging employment agencies required by Article 10 of the Convention. The Committee trusts that the Government’s next report will contain information on the measures adopted for the supervision of placement activities as set out in the above provision of the Convention.

2. Article 14. The Government states in its report that section 10 of Act No. 13591, which prohibits the operation of private employment agencies conducted with a view to profit, has not yet been explicitly repealed. The Committee hopes that the Government’s next report will contain all the necessary information on the measures taken by the competent authority to supervise the activities of fee-charging employment agencies, including more particularly agencies conducted with a view to profit.

3. Articles 11 and 12. Please indicate in the next report the measures taken for the supervision of fee-charging employment agencies not conducted with a view to profit mentioned in Article 11, including all relevant information in this respect.

4. Parts III and V of the report form. The Committee notes that the means of action of the Directorate of Labour Inspection and Individual Employment Relationships are limited and hopes that the necessary measures will be taken in the near future to ensure supervision of the application of Convention No. 96, and that information will be provided on the organization and operation of the inspection services.

5. The Committee notes the Government’s statement to the effect that a draft text has been prepared for the submission of Convention No. 181 to the Legislative Authority, with the favourable opinion of the Executive Authority for its ratification. The Committee trusts that, as Convention No. 96 is still in force, the Government will provide detailed reports on its application, including information on the measures adopted to ensure that full effect is given to its provisions in both national law and practice.