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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Argentina (Ratification: 1950)

The Committee notes the comments from the Confederation of Workers of Argentina (CTA Workers) and the Confederation of Workers of Argentina (CTA Autonomous), dated 5 and 31 August 2014 and received on 26 and 17 September 2014, respectively.

Article 2 (in conjunction with Article 6) of the Convention. Application to non-registered workers. In its previous comments, the Committee asked the Government to explain in detail: the manner in which the Convention is applied to workers who have not been registered by their employers; who ensures compensation to these workers or payment of medical costs in the event of occupational accidents; and what penalties are applied to employers who fail to meet the obligation to insure their workers against occupational accidents.

The Committee notes the statement by the CTA Autonomous that Act No. 24557 of 13 September 1995 concerning occupational risks deems that protection only applies to workers who are on the lists of the insurance companies under contract to their enterprises or who enjoy such protection as part of their own personal insurance, and that the aforementioned Act does not enable non-registered workers to enjoy the guarantees clearly established in Article 6 of the Convention. The CTA Autonomous adds that non-registered workers who wish to obtain coverage for work-related contingencies must apply to the courts, requesting the benefits provided for by the Act and/or those of the civil system, since they do not contribute to the social security system according to the terms of the second subparagraph of section 23 of Act No. 24557. In addition, the CTA Autonomous indicates that workers retain the right to take legal action against their employer but in the meantime have to cover the cost of any work-related illnesses themselves, with assistance from the public health providers. Hence non-registered workers are obliged to have recourse to the justice system to obtain statutory benefits. According to the CTA Autonomous, neither Act No. 26773 of 2012 concerning the compensation scheme for industrial accidents and occupational diseases nor Regulatory Decree No. 472/14 have produced any changes in the situation of non-registered workers. The Committee requests the Government to send its comments on the observations made by the CTA Autonomous. The Committee also urges the Government to send its observations on the points raised in its previous comments.

Article 5. Payment of compensation in a lump sum. In its previous comment, recalling that Article 5 of the Convention provides that compensation may be paid wholly or partially in a lump sum if the competent authority is satisfied that it will be properly utilized, the Committee asked the Government to indicate how it ensures that this provision of the Convention is applied in these circumstances. The Government indicates that a life annuity exists for workers who suffer permanent incapacity greater than 66 per cent and that section 17 of Act No. 26773 of 2012, which repeals section 19 of Act No. 24557 of 1995, stipulates that periodic payments of compensation in cash, as provided for in the legislation, are to be converted into lump-sum payments of compensation in cash, with the exception of those already being implemented. The CTA Workers, for its part, indicates that such a provision conflicts with Article 5 of the Convention. Noting that section 2(4) of Act No. 26773 provides that the general principle of compensation is to make a lump-sum payment, subject to any adjustments established, the Committee therefore requests the Government to indicate how it is ensured, in law and in practice, that the lump-sum payment is properly utilized.

Article 10. Artificial limbs and surgical appliances. In its previous comments, the Committee noted the Government’s reference to a draft decision on chronic cases prepared by the Occupational Risks Supervisory Authority, requiring occupational risk insurers (ART) to conduct periodic checks on the state of artificial limbs and surgical appliances that have been supplied. The Committee asked the Government to report on progress made in the adoption of this decision. The Committee again requests the Government to provide the requested information.

The Committee is raising other matters in a request addressed directly to the Government.