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

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

Part III of the Convention. Regulation of fee-charging employment agencies. Articles 13 and 14. Supervision of fee-charging employment agencies. The Committee notes the observations made by the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2016, and the Confederation of Workers of Argentina (CTA Workers), received on 6 September 2016, indicating that the inspection work of the Ministry of Labour and Employment (hereinafter Ministry of Labour) is still insufficient with regard to fee-charging employment agencies. According to the CTA Workers, this is borne out by the lack of statistical data on the operations of such agencies. The CTA Workers adds that non-compliance with Article 13 of the Convention continues. The Government indicates in its report that the unofficial nature of some agencies, recruitment through informal channels, and the low profile of certain premises all combine to make the Ministry of Labour’s inspection work more complex. The Government refers to the establishment of the Special Unit for the Inspection of Irregular Work through Decision No. 670/2016 of 21 July 2016. In reply to the observations made by the CGT RA in 2015, the Government indicates that there is no apparent legal vacuum with regard to administrative infringements, since section 3(g) of Act No. 25.212 of 23 December 1999 provides that serious violations constitute any other violations or misuse of the labour regulations, which have been established to protect workers’ rights, guarantee the exercise of labour administration activities and prevent unfair competition for employers resulting from such violations or misconduct. It adds that for infringements of this type the prescribed administrative penalty is a fine. The Government explains that the Ministry of Labour has not received any complaint regarding employment agencies which are operating unofficially, nor has it authorized any agency to collect fees from workers. The Committee notes the information provided by the Government regarding the fines of 215,000 and 45,000 Argentine pesos imposed in 2015 and 2016, respectively, on two agencies that imposed fees on workers in exchange for promising work, and notes the information on inspections carried out at an employment agency placing people in private households; in this case no infringements were established. The Committee recalls that Article 13 of the Convention provides for the withdrawal of licences or authorizations. Legal provisions exist which, in the case of enterprises providing casual services, establish penalties such as fines, closure or withdrawal of the administrative authorization and cancellation of the registration in the Official Register. However, these enterprises are not covered by the provisions of the Convention, since they are unable to act as employment agencies under section 1(a) of Decree No. 489/2001 of 26 April 2001. The Committee requests the Government to indicate which provisions of the national legislation give effect to Article 13 of the Convention. The Committee also requests the Government to continue providing information on the measures taken to supervise the operations of fee-charging employment agencies, particularly with respect to the number and nature of the infringements observed and the penalties imposed.