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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Argentina (Ratification: 1956)

The Committee notes the Government’s report.

1. Article 4 of the Convention. The Committee recalls that for several years it has been commenting on certain provisions which restrict free collective bargaining by requiring the approval of the Ministry of Labour for the registration of collective agreements which are broader in coverage than enterprise agreements (in according approval, the Minister takes into account criteria of productivity, investment, the introduction of technology and vocational training systems). In this respect, the Committee notes with satisfaction that the Labour Regulation Act No. 25877, of 18 March 2004, has removed these criteria. The Committee also notes that, under the above Act, collective agreements covering an enterprise or group of enterprises may be registered on the motion of one of the parties (section 11 of the Act).

2. The Committee also recalls that it referred previously to the need to ensure the right to collective bargaining of public officials in the Province of Buenos Aires, since the Convention allows only public officials engaged in the administration of the State to be excluded from this right. The Committee notes the Government’s indication that the legislation vetoed by the executive authorities of the Province of Buenos Aires on the grounds that it afforded the right of collective bargaining to public servants in the province referred specifically to public officials engaged in the administration of the State, and that the Convention allows the exclusion of such public officials from collective bargaining.

3. Finally, the Committee regrets that the Government has not provided its observations on the comments made by the Confederation of Argentine Workers (CTA) on 19 November 2003 and repeated in its communication of 19 November 2004. The Committee notes the view expressed by the CTA that, in order to comply with Article 1 of the Convention, the Government should extend the protection enjoyed by the representatives of organizations with trade union status (sections 48 and 52 of Act No. 23551) to the representatives of trade union organizations which are merely registered and to the founding members of the provisional committees of new trade union organizations. The Committee refers in this respect to its comments on the application of Convention No. 87 by Argentina. The Committee also notes that the CTA considers to be in violation of Article 2 of the Convention the provisions of section 3 of Decree No. 1040/01, which allows employers to set in motion the procedure of establishing the frame within which a trade union operates through the competent authority so that the latter can determine the trade union that is representative in disputes relating to representation by several organizations in cases where disputes could have an impact within the enterprise to wage or benefit systems, or when through this process asymmetric coverage by collective agreements could be corrected. In this regard, the Committee requests the Government to provide information on the interpretation of this provision, in particular regarding acts of anti-union interference, including information on possible means of judicial recourse.