Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 81) sur l'inspection du travail, 1947 - Argentine (Ratification: 1955)

The Committee takes note of the Government’s report for the period ending in June 2006. It notes that the Government has replied in part to its previous comments and those of the Latin American Confederation of Labour Inspectors (CIIT) sent in a communication of 2002 on the application of the Convention. It notes with interest the Government’s information regarding the positive effects that the improvement in Argentina’s economy has had on employment and compliance with labour legislation thanks to intensified supervision of the registration and regularization of workers.

Regional economic cooperation and development of the labour inspection system. With reference to its previous comments on the issues raised by the CIIT, the Committee notes that a National Plan for the regularization of workers under way since 2003 has made it possible, thanks to the mobility of labour inspectors, to carry out large-scale regularization operations and joint inspection visits involving various specializations and levels of competence in the context of the integral labour inspection system established by Act No. 25.877 of 2004. Furthermore, appropriate cooperation has enabled the inspection services and other public bodies including the Federal Public Revenue Administration (AFIP), the National Migration Directorate and the Supervisory Authority for Occupational Risks, to exchange useful information for the performance of their respective duties. As regards the conditions of work and service of labour inspectors, which the CIIT criticized, the Government has provided information and documents pertaining to measures envisaged at the regional level within MERCOSUR with a view to bringing about improvements in every member country (Argentina, Brazil, Paraguay and Uruguay). A two-year regional labour inspection plan has been proposed by the Government on the basis of recommendations likewise issued at regional level in 2005 (MERCOSUR/CMC/Rec 01/05 and CMC/Rec 02/05, 2005). One of the plan’s objectives is to establish a regional centre for the training of inspectors in particularly sensitive matters such as undeclared work, discrimination on grounds of race, religion, sex and disability, migrant labour and child labour. There is also to be training on the programming and conduct of inspection visits with suitable advice to be provided to employers. The regional centre is to have a virtual Internet portal that all inspection services of member countries can access.

The plan also provides for an annual programme of joint inspection visits of particularly sensitive activities in the member countries, particularly in border areas. A system for the collection and processing of statistical data is to be set up so that an annual regional inspection report can be published. Advocacy campaigns on workers’ rights are also scheduled.

With regard to the insufficient numbers of inspection staff and the obstacles to the performance of the tasks involved in enforcing the legislation on working conditions, the Committee notes the Government’s information that 300 inspectors are distributed throughout the territory, in accordance with needs. It notes that Recommendation MERCOSUR/CMC/Rec 01/05 establishes the elements to be systematically checked in the course of inspection visits in member countries. The Committee notes with interest that these areas include, as required by the Convention, working conditions and the protection of workers (general conditions and occupational safety and health).

The Committee also notes with interest the establishment in 2003 of a tripartite group on occupational safety and health to be responsible for the framing, evaluating and monitoring of policy on working conditions in the construction sector. It notes in this connection that thanks to a diagnosis carried out with technical assistance from the Office, there was a significant increase in the number of inspections carried out on worksites between 2003 and 2005. Furthermore, a national safety and health plan has been set up in the sector, and in November 2004, in cooperation with local authorities, occupational associations and trade associations, a massive awareness campaign was launched “For construction sites to be visible from the street”, with a free telephone helpline for the public.

Further to its comments of 2006 under Convention No. 182 on the activities conducted by the Child Labour Control and Inspection Unit, the Committee notes that under the National Plan for the Prevention and Elimination of Child Labour, the labour inspection services are to be reinforced. Furthermore, regional actions have been developed in the context of MERCOSUR, such as a second publicity campaign for the prevention and elimination of child labour, together with an implementation plan, approved by resolution No. 36/06 of 18 July 2006.

The Committee would be grateful if the Government would continue to provide information on legislative matters and on practical measures taken to strengthen the labour inspection system (status of labour inspectors, conditions of service and career plans, numbers, training, cooperation with other public services or with private institutions, and collaboration with the social partners, equipment, computer and logistic resources of the inspection services). The Government is also asked to take all necessary steps to give full effect to Articles 20 and 21 of the Convention concerning the requirement for the central labour inspection authority to publish and send to the ILO an annual report on the work of the inspection services under its control. Please also report to the Office any progress made in this respect and any difficulties encountered.

The Committee is addressing a request on other matters directly to the Government.