Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Argentina (Ratification: 1987)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information provided by the Government this year, as well as the information at its disposal in 2019.

The Committee notes the observations of the Industrial Confederation of Argentina (UIA), forwarded by the Government in its supplementary report of 2020. It also notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 30 September 2020, and of the Confederation of Workers of Argentina (CTA Autonomous), received on 6 October 2020. The Committee requests the Government to provide its replies in this regard.

In its supplementary report, the Government indicates that, in the context of the measures adopted to address the effects of the COVID-19 pandemic and social distancing measures, social dialogue spaces have been used with the social partners. In this respect, the Government refers, among other measures, to the adoption of the Necessity and Emergency Decree No. 329/2020, in which emphasis is placed on the importance of social dialogue in relation to the measures adopted to preserve jobs. However, the Committee notes the claim by the UIA that employers’ representatives were not consulted regarding the measures adopted. The CTA Autonomous denounces the lack of social dialogue and emphasizes that the Government has confined itself to systematically and constantly issuing necessity and emergency decrees adopting measures in response to the effects of the pandemic without consulting the social partners. The CTA Autonomous indicates that the Government, instead of concluding agreements through the Commission on Social Dialogue and the Future of Work, in which the three trade union confederations and all employers’ organizations are represented, has concluded agreements solely with one part of the representatives of workers and employers, thereby excluding important economic sectors. The Committee also notes that the CGT RA refers to the holding of tripartite meetings on 7 and 27 April 2020, in which agreement was reached on the establishment of a minimum for the wages of inactive workers. It adds that it is planned to establish a post pandemic committee of tripartite composition. The Committee also notes the information provided by the CGT RA concerning the meetings that it has held with, among other actors, various Government institutions, employers and organizations representing the popular economy on the subject of the effects of the crisis resulting from the pandemic and the measures that could be adopted. In relation to the COVID-19 pandemic, the Committee recalls the broad guidance provided by international labour standards. The Committee encourages member States to engage in tripartite consultation and broader social dialogue as a solid basis for the formulation and implementation of effective responses by the tripartite constituents to the deep-rooted socio-economic effects of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Tripartism and social dialogue. The Committee notes the Government’s indication in its supplementary report that the period covered by both reports has been characterized by intense tripartite activity and social dialogue. In this respect, the Government reports the subjects covered by the meetings of the Standing Advisory Committee of the Occupational Risks Act (CCP-LRT) held in 2017 and 2018. The Government indicates that tripartite discussions were held in these meetings on the technical aspects of the Bill on occupational prevention and protection. In April 2019, the Commission on Social Dialogue and the Future of Work was created as a national tripartite body by Decision No. 225/2019. The Committee notes that the Commission on Social Dialogue and the Future of Work includes the permanent participation of a member of the ILO. The mandate of the Commission includes collaboration with the social partners to improve compliance with the ILO Conventions ratified by Argentina and analysis of current labour issues with a view to proposing reforms of the national legislation in relation to the Conventions. The Committee notes with interest the records of the meetings of the Commission on Social Dialogue and the Future of Work held in 2019, which were attached to the Government’s report, and in which it was agreed that discussions would be held in the Commission on three areas: standards, public policies and individual ILO cases, and any other issue relating to international labour standards. The Government adds that tripartite consultations were held on issues related to the implementation of various ILO Conventions on occupational safety and health and minimum wages. The Committee further notes that on 18 June 2020, Argentina was elected a member of the United Nations Economic and Social Council for the following three years. The Government also reports the adoption of measures, drawn up in collaboration with the social partners and the support of the Office, for the establishment of the Economic and Social Council as a national tripartite body for the exchange of views between the various social sectors. In this connection, the CGT RA indicates that a tripartite meeting was held on 15 July 2020 with the assistance of the Office, in which views and experiences were exchanged on the operation of economic and social councils in other countries. In this regard, the Committee notes that the UIA and the CGT RA place emphasis on the need to set up the Economic and Social Council to reach the necessary consensus to stimulate productivity growth and the creation of decent employment in light of the crisis caused by the COVID-19 pandemic. Finally, the Committee notes the reports provided by the Government with its supplementary report on the situation of collective bargaining in the country in 2019 and the list of the various collective labour agreements that have been registered by the administrative authorities in 2020. The Committee requests the Government to provide information on the tripartite consultations held within the framework of the Commission for Social Dialogue and the Future of Work in relation to the application of the Convention and their outcome. It also requests the Government to provide updated information on the situation with regard to the establishment and operation of the Economic and Social Council for Development, and on the composition and nature of the consultations held in the Council.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. The Committee also requested the Government to indicate the manner in which the views expressed by the social partners on the operation of the consultation procedures required by the Convention are taken into account. The Committee further requested the Government to indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards is still active and, if so, to provide information on its activities. The Committee notes the detailed information provided by the Government on the tripartite consultations held on 3 May 2017, 11 July 2018 and 7 August 2018 on the matters relating to international labour standards required by the Convention. In particular, the Government indicates that the most representative organizations of workers and employers were consulted through these consultations on the items included on the agenda of the 106th, 107th and 108th Sessions of the Conference, and on the re-examination of unratifed Conventions and Recommendations. The annual list of reports that Argentina has to provide under article 22 of the ILO Constitution on the application of ratified Conventions was also presented to the social partners, who were invited to indicate their views in writing before 1 August of the corresponding year. However, the Committee observes that the Government has not indicated the manner in which the views expressed by the representative organizations of workers and employers on the operation of the consultation procedures required by the Convention are taken into account. Nor has the Government indicated whether the National Commission for Tripartite Consultation regarding International Labour Standards is still active. Finally, the Government indicates in its supplementary report that, between September 2019 and 2020, social dialogue and consultations continued to be held periodically on all matters relating to international labour standards through remote media. In particular, the Government indicates that, in the standards subcommittee of the Commission on Social Dialogue, tripartite consultations were held on issues relating to the supervisory system. It adds that it is planned to adopt measures to facilitate responses to the requirements of the supervisory system, such as the creation of links in each province. The UIA indicates that tripartite consultations were also held on the submission of instruments and the ILO Standards Review Mechanism (SRM). The Committee requests the Government to provide updated information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. The Committee once again requests the Government to indicate the manner in which the views expressed by the representative organizations of workers and employers on the operation of the consultation procedures required by the Convention are taken into account. It also reiterates its request for the Government to indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards, referred to in previous reports, is still active and, if so, to provide information on its activities and their outcome.

Article 5(1)(b). Tripartite consultations on the submission of instruments to the National Congress. In its previous comments, the Committee requested the Government to provide information on the consultations held regarding the proposals made to the National Congress in relation to the submission of the Seafarers’ Identity Documents Convention (Revised), 2003 as amended (No. 185). In this regard, the Committee notes the Government’s indication that it requested the views of the social partners on the submission of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). However, the Government does not indicate whether the social partners were consulted concerning the submission of Convention No. 185. The Committee further notes that Convention No. 185, the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and Recommendation No. 205 are still pending submission to the National Congress. The Committee refers to its 2016 observation regarding the obligation of submission and once again requests the Government to provide information on the consultations held and the proposals made to the National Congress in relation to the submission of Convention No. 185.