Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Argentina (Ratification: 1968)

The Committee notes the Government’s communications, received on 21 May 2013 and 10 June 2013, in reply to the observations of the Confederation of Workers of Argentina (CTA) dated 31 August and 7 September 2012, and the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) dated 21 September 2012. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2015, and the observations of the CGT RA, received on 2 September 2015, and also the Government’s reply.

Article 1 of the Convention. Protection against discrimination. In its previous comments, the Committee asked the Government to provide information on the legislative process relating to the “bill against discrimination in job vacancies” and on the implementation in practice of General Recommendation No. 6 of 2009 of the National Institute against Discrimination, Xenophobia and Racism (INADI), aimed at promoting equal treatment in access to employment. However, the Committee observes that the Government has not provided specific details of the “bill against discrimination in job vacancies”. The Committee notes the Government’s indication that, in the context of INADI General Recommendation No. 6, training has been developed to identify discriminatory requirements in job vacancies and staff recruitment and as a result it has been possible to observe that discrimination on the basis of gender persists in job vacancies. The Committee notes with interest the adoption of Act No. 26.911 of 13 December 2013 amending section 73 of the Employment Contract Act concerning freedom of expression and prohibiting the employer “at the time of recruitment, during the contract or with a view to the termination thereof, to conduct any kind of inquiry or investigation into the political, religious, trade union or cultural views or sexual orientation of the worker”, thereby extending the scope of protection regarding access to employment and the validity of the contract. The Committee requests the Government to continue providing information on the implementation in practice of the measures adopted in the context of INADI General Recommendation No. 6 with a view to ensuring the equality of all workers in access to employment. The Committee also requests the Government to provide information on the application in practice of new section 73 of the Employment Contract Act and on any complaints made in relation to it. The Committee further requests the Government to indicate the specific measures taken to ensure adequate protection against discrimination on all the grounds covered by the Convention, at the time of access to employment, during the employment contract and at the time of its termination.

Article 2. National equality policy. In its previous comments, the Committee asked the Government to indicate whether there is a national equality policy that covers all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee notes that the CGT RA refers in its observations to the formulation by the Government of a national plan against discrimination, coordinated by INADI. The Committee notes the information supplied by the Government concerning the measures for the integration of workers at particular risk of discrimination, such as: the placement of persons with disabilities in public sector jobs; the promotion of employment for persons with disabilities in the private sector; and the regularization of the situation of unregistered workers. Moreover, the Committee notes the Government’s reference to the adoption of Ministerial Decision No. 270/2015, which prohibits HIV testing in the pre-employment examination. Moreover, in 2013 and 2014 in the context of INADI, 57 complaints were settled through conciliation between the parties, 159 through rapid handling of the dispute and 213 through a decision on the merits of the case (it was established that there was discrimination in 72 cases, that there was none in 68 cases, and that discrimination could not be proven in 73 cases). The Committee requests the Government to provide information on any developments concerning the adoption of a national equality policy covering at least all the grounds of discrimination enumerated in the Convention in addition to other factors established in the national legislation, such as disability. The Committee also requests the Government, pursuant to Article 3(f) of the Convention, to provide information on the specific measures taken to implement the principle of equality and non-discrimination in employment and occupation. The Committee further requests the Government to continue providing information on the action taken by INADI in response to complaints of discrimination in employment, disaggregated by ground of discrimination, including any penalties imposed and compensation awarded. The Committee also requests the Government to provide information on the implementation in practice of Ministerial Decision No. 270/2015.

Indigenous peoples. In its previous comments, the Committee asked the Government to send information on the implementation in practice of the Indigenous Peoples Planning Framework (MPPI) and on the employment situation and income of indigenous peoples, compared to those of the non-indigenous population. The Committee notes the Government’s statement that in the context of the MPPI various actions have been taken to improve employment opportunities for indigenous workers, including vocational guidance and training activities. However, the Government indicates that the geographical dispersion of communities and the persistence of discriminatory attitudes on the part of those responsible in the public and private sectors obstruct the access of indigenous peoples to vocational guidance and training projects and programmes, which increases the precariousness of their employment situation and segregates them into low-productivity occupations or unemployment. The Government also reports on the signature on 19 November 2013 of a framework cooperation agreement between the Ministry of Labour, Employment and Social Security and INADI, the goal of which is to ensure and promote the right to equal opportunity and treatment in access to employment and to establish cooperation mechanisms to remove discrimination on various grounds, especially towards indigenous peoples. The Government also reports on the adoption by INADI and the Secretariat of Employment of the “Safeguarding indigenous peoples” joint initiative, whose objective is to raise the awareness of agents at employment offices and vocational training institutions regarding non-discrimination towards indigenous peoples in access to employment and occupation. The Committee requests the Government to provide information on the results achieved through these measures and to continue taking steps to enhance vocational training and guidance opportunities for indigenous peoples and to promote access for them to employment and occupation on terms of equality with other workers. The Committee requests the Government to provide statistical information disaggregated by sex on the participation of indigenous workers in the labour market.

Domestic workers. In its previous comments, the Committee asked the Government to provide information on the draft legislation relating to domestic workers. The Committee notes with interest the ratification of the Domestic Workers Convention, 2011 (No. 189), and the adoption of Act No. 26.844 of 13 March 2013 concerning staff in private households, which partly makes provision for domestic workers and other workers covered by the Employment Contract Act as regards leave, compensation, family allowances, protection from occupational accidents, notice periods and holidays. The Committee notes the Government’s statement on awareness-raising workshops for employers and workers, resulting in the registration of 413,476 workers in the sector. However, the Committee notes the statements by the CTA Autonomous that: there are 1,200,000 domestic workers, most of them women and children, migrants, indigenous persons and undocumented individuals, who continue to be in a highly vulnerable situation; 89 per cent of workers in domestic service are not registered, and consequently not covered by the new legislation; domestic workers are not paid the minimum wage and not covered by the same leave regulations as other workers. The Committee requests the Government to continue providing information on any other measures taken to promote the registration of domestic workers (men and women) to ensure that these workers can exercise their rights without discrimination and under conditions of equality with other workers.

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